SUPPLEMENT OF THE FRIEND OF CHINA N.° 82.
(From the China Mail, October 2.)
HONGKONG,
ANNO NONO, VICTORIÆ REGINE, No. 6 of 1845.
Fit persons to be ad.. mitted to practise for bree months in case of necessity.
Administrator to enter into Bond.
XL Provided always, and be.
XIX. And be it farther enact- trar shall specify, giving him at the same time a re- it further enacted and ordained,
ed and ordained, That every perceipt for the specific sum so paid in; and whenever That in case there shall not be a
son to whom Letters of Admi- the said Registrar shall have occasion to draw any sufficient number of Baristers, nistration shall be committed shall, before the grant sum of money out of the hands of such Treasurer, By His Excellency Sir JOHN FRANCIS DAVIS,
Solicitors, Attornies, and Proc. ing thereof, give sufficient security, by bond to be he shall apply by Petition to the Court, or to the Baronet, Governor and Commander-in-Chief of the tors within the said Colony, competent and willing entered into to Her Majesty, Her Heirs, and Succes-chief Justice at Chambers, for an order for the pay Colony of Hongkong and its Dependencies, Her to appear and act for the suitors of the said Supreme sors, for the payment of a certain sum of money, ment thereof, stating in such Petition the purpose Majesty's Plenipotentiary and Chief Superintender Court, it shall be lawful for the said Court, and the with one, two, or more Sureties, raspect being had for which such money is required, and such Trea- of the Trade of British Subjects in China, with the Court is hereby authorized, to admit tempora. to the value of the estates, credits, and effects of the surer shall not pay over any monies which may advice of the Legislative Council of Hongkong.
rily so many other fit and proper persons to appear deceased; which bond shall be deposited in the said have been paid into his hands as aforesaid without Titlo. An Ordinance to repeal Ordin- and act as Brrristers, Solicitors, Attornies, and Court among the records thereof, and there safely such order.
ance No. 15 of 1844, for the Es-Rules and Regulations as the said Court shall, for, the proceedings of the said Court; and the condition | Sintings of the Court enacted and ordained, That it
Proctors, as may be necessary, according to such kept, and a copy thereof shall be also recorded among tablisment of a Supreme Court of Judicature at Hong that purpose, make and establish. Provided that the of the said bond shall be to the following effect and to make niles
Power to regulate korg, and to substitute other provisions in lieu thereof.
Preamble.
ble I. WHEREAS it is expedient persons so admitted shall be admitted for a period
" that if the above bounden Ad- that the matters embraced in Or-
of three months only, and shall not be readmitted Condition of Bond.ministrator of the goods, chat. dinance No. 15 relating to the establishment of the without abvious necessity,
"tels, and effects of the deceased, Supreme Court of Hongkong, Trial by Jury, Cri
XII And be it further enact" do make, or cause to be made, a true and perfect minal Proceedings, and the Summary Jurisdiction of
ed and ordained, That the Sheriff "inventory of all and singular the goods, credits, the Court, should be provided for by separate and
of Hongkong for the time being" and effects of the caid deceased, which have or distinct Ordinances; Be it there-
shall, by himself or his sufficient shall come to the hands, possession, or knowledge Ordinance No 15 of fore enacted ond ordained by His Deputy, to be by him appointed, and duly authzer" of him the said Administrator, or to the hands or 1814 Tepealed, Excellency the Governor of
under his hand seal, and for whom he shall be re- " possession of any other person or persons for him, Hongkong, by and with the advice of the Legislative /ponsible during his continning in such office] ex Court of Hongkong, at or before a day therein to and the same so made do exhibit into the Supreme
Former Court at
Council thereof, that the said Ordinance No. 15 shall, from and after the passing of this Ordinance, be, and the same is hereby repealed.
IL. And be it further enacted Hongkong abolished, and ordained, That from and after the passing of this Ordin- ance, the Court at Hongkong with Criminal and Admiralty Jurisdiction, which has hitherto been holden by the Chief Superintendent, shall be, and it is hereby abolished.
It. And be it further enacted A Supreme Court of Record to bo insti. and ordained, That there shall tuted therein. be within and for the Colony of Hongkong a Court, which shall be called "The Supreme Court of Longkong," and that the said Supreme Court of Hongkong shall be
a Court of Record.
How far the Law
IV And be it further enacted
Sheriff of Bong, and process.
kong to exceute write
Process against
Sheriff.
*
XXIII And be it further
shall be lawful for the said Str and orders. preme Court to make and pre- scribo sich rules and order, tonching the times and place of holding the Court, from of process, pleadings, and other business and proceedings of the said court, and of the fees, pay able therein, as to the said court shall seem fit, and such rules and orders from time to time to alter, amend, or revoke, as occasion may require.
XXIV. And be it further of debtors being about any person shall have a claim Arrest allowed in case enacted and ordained, That if cute, and the said Sheriff and his said Deputy is and are hereby authorized to execute, all write it be specifidd; and the same goods, chattels, credits,
to leave the Colony, summonses, rules, orders, warrants, commands, and and effects, and all other the goods, chattels, cre- nature, against any other person who shall be about or ground of action, of whatever processes of the said Supreme Court [other than "dits, and effects of the deceased at the time of his to leave the said Colony, and to proceed to parts be such as shall be issued under the Summay Jurisdic death, or which at any time afterwards shall come yond the jurisdiction of the said Supreme Court, or tion of the said Court, as hereinafter provided by to the hands or possession of such Administrator, who may reasonably be suspected of an intention so Ordinance No. 6 of 1845,1 and make a return of the " or to the hands or possession of any other person to do, either for the purpose of avoiding process in me, together with the manner of the execution" or persons for him, shall well and truly administer such action, or otherwise, whereby, the recovery of thereof, to the said Court, and to receive and detain "according to law; and further shall make, or cause any debt or damages may be delayed, and the party in prison all such persons as shall be cominítted to “to be made, a true and just account of his said ad- having such claim or ground of action as aforesaid, the custody of such Sheriff by the said Court ministration, at or before a time therein to be spe- or some person on his behalf, shall produce to the XIII. And be it further enact-cified, and afterwards from time to time as he, she, said Chief Justice an affidavit of such his right of ed and ordained, That whenever or they shall be lawfully required; and all the action, and of the intention of such other party to the said Supreme Court shall "rest and residue of the said goods, chattels, credits, leave the said Colony, and to proceed to parts boys- direct or award any process against the sand Sheriff" and effects which shall be found from time to time and the jurisdiction of the sail Court, and shall also wherein the said Sheriff, on account of his being re- the same being first examined and allowed by the believes that the other parth is about to leave the said or award any process in any cause, matter, or thing" remaining upon the said administration account state in such affidavit the grounds upon which he lated to the parties, or any of them, or by renson of " said Court, shall an I do pay and disposed of in a Colony as aforesaid, in such case it shall be lawful any good cause of challenge which would be allow. " due course of administration, or in such manner as for the said Chief Justice, if he shall think fit, to or against any Sheriff in England, cannot, or ought "the sail Court shall direct, then this obligation to der a writ of Capias aŭ respondendum (in the form not by law to execute the same, in every such case be void and of none effect, or ulso to be and remain given in the Schedule hereunto annexed, marked the said Court shall name and appoint some other fit
" in full force and virtue." And No 1) to be issued, to take and arrest the body of person to execute and return the same, and the said How Bond to be in case it shall be necessary to such other party so about to leave the said Colony; process shall be directed to the person so to be nared" put in stut, put the sail bond in suit, for the in which said writ the amount of the debt or dam for that purpose, and the cause of such special pro- ceedings shall be suggested and entered on the Reof for the benefit of such parton or persons as shall to be recovered, shall be truly specified, and the costs sale of obtaining the effect there ages demanded, or the value of the property sought. cords of the said Court.
appear to the said Court to be interested therein. and charges of issuing the said writ shall be indors- XIV. And be it further enact, such person or persons from time to time giving s Jurisdiction of Court, ed and ordained, That the said tisfactory security for paying all such cost as shall of which said writ the Sheriff, or his lawful Deputy ed thereon by the Registrar of the said Court; and Supreme Court shall have the same jurisdiction in arise from the said suit, such person or parsons shall shall, upon any arrest, to be made by virtue thereof, the said Colony of Hongkong and its Dependencies, by order of the said Court, be allowed to sue the as Her Majesty's Courts of same in the name of the Attorney General for the
give to the Defendant a true co lawfully have in England; and shall not be sued in any other manner.
Queen's Bench, Common Pleass, time being of the said Colony, and the said bond upon any such arrest the Defendant shall give to the py: Provided always, that if Sheriff reasonable security by Bond or obligation of of Oyer an1 Terminer and Goal
XX And be it further enact- Court to fix periods. cd and ordained, That the said or persons having sufficient property within the said the said Defendant, and of one or more other person and Nisi Prius.
at which accounts XV. And be it furthes enact-shall be passed, Supreme Court shall fix certain Colony, as surety or surities, that the Defendant ed and ordained, That the said
periods when all persons to shall appear according to the exigency of the sand judgment of the said Court thereon, or render hit- self to the prison of the said Court in execution for the same, and that the said Defendant shall not- from and after the date of such Bond or obligation, re- move or withdraw any of his property from and out of the jurisdiction of the said Count, so as to evade the judgment thereof, if the same shall be for the Plaimi (which said Bond or obligation shall as near as may be, be in the forn given in the Schedule
Legal
and Exchequer, shall be a Cour delivery, Assizo,
Equitable.
Ecclesiastical.
Bail-bond.
dant shall pay to the Sheriff or his Deputy a sofiì- cient sum of money to cover the amount of the debt cost and charges indorsed thereon, and a further sum or damages mentioned in the writ, together with the of Five Dollars for the charges of making the arrest property specified in the said writ, or the value the or shall deliver to the said Sheriff or his Deputy the reof, either as a deposit, or security in lieu of giving a bail-bond, or in satisfaction of the suit or action, then the said Sheriff'shall permit the said Defendant to go at large, and free of the said arrest as to such suit or action
the Trial of any suit or action in which the Deleni XXV. And be if further enact- ed and ordained, That if
{}{}} dant shall have been so arrested or held to tail as that the arrest of the Defendant was vexations and aforesaid, it shall appear to the said Supreme Court malicious, and without any reasonable or probable cause, and that the order for such arrest was obtain-
Malicious arres),
of England to prevail. and ordained, That the Law of England shall be in full force in the said Colony of Hongkong, except where the same shall be inapplicable to the local circumstances of the said Colony, or of its inhabitants; and that in all matters relating to the practice and proceedings of the said Supreme Court, the practice of the Eng- lish Courts shall be in force, unless and untill other wise ordered by Rule of the said Court. Constitution of Court V. And be it further enacted and ordained, That the said Su- preme Court of Hongkong shall consist of, and be holden by, and before, a Judge to be called the Chief Justice of the Supreme Court of Hongkong and its Dependencies, and to be appointed by Letters Patent under the Public Seal of the Colony from time to time by the Governor of Hongkong, in accordance with such instructions as he may receive from Her Majesty, Her Heirs, and Successors; and such Chief Justice shall hold his Office during the pleasure of Fler said Majesty, subject to suspension by the Gov- Supreme Court shall be a Court of Equity, with whom Probates of Wills and Letters of Administra-writ, and shall also stund to, abide, and perform the ernor in like manner as otherOfficers in the said Co- such and the like Jurisdiction as the Court of Chan- tion shall be granted by the said Conrt shall from Jony: Provided that in case the said Office of Chief cery in England; and shall have and execute all and time to time, until the effects of the deceased persons Justice shall become vacant by death or otherwise, it singular the powers and authorities of the Lord shall be fully administered, pass their accounts re shall be lawful for the Governor to appoint another High Chancellor of England, with full-liberty to being thereto before the said Court; and in case the fit and proper Person to fill the said Office of Chiet appoint and control guardians of infants, and their effects of the deceased shall not be fully administered Justice, until her said Majesty's pleasure be known;
estates, and also keepers of the persons and estates within the time for that purpose to be fixed by the or in case of the temporary illness or absence of the of idiots, lunatics, and such, as being of unsound said Court, then, or at any earlier time, if the said Chief Justice, it shall be lawful for the Governor to mind, are unable to govern themselves and their Court shall see fit so to direct, the person or per- appoint another fit and proper person to fill the said estates,
sons to whom such probate or administration shall office of Chief Justice until the Chief Justice shall
XVI. And be it further en- be granted shall pay, deposit, and dispose of the bahorento nnnxed marked. No. 2); or if the Defen- resume the duties of his said office.
cated and ordained. That the said lance of money belonging to the estate of the de- Seal of the Court.
VI. And be it further enseted Supreme Court shall be a Court of Ecclesiastical ceased then in his, her, or their hands, and all and ordained, That the said St-Jurisdiction, with full power to great Frobates, under money which shall afterwards come into his, her, or preme Court shall have and ust, as occasion may the Seal of the said Court, of the last Wills and Tes- their hands, and also all precious stones, jewels, require, a Seal, bearing a device and impression of tents of all or any of the inhabitants of the said bonds, bills, and securities belonging to the estate of the Royal Arms, within on exergue or label sur who shall die and leave personal effects within the as the said court shall direct for safe custody; and Colony and its Dependencies, and all other persons the deceased, in such inanner, and unto such persons, rounding the same, with this inscription, "The Seal of the Supreme Court of Hongkong," and all writs said Colony and its Dependencies; and to commit the said Court shall from time to time make such and other procese issuing out of the said Court shall Letters of Administration under the Seal of the said order as shall be just for the due administration of be sealed therewith.
Court, of the goods, chattels, credits, and all other such assets, and the payment or remittance thereof, Judge to hold no VII. And be it furtherenacted effects whatsoever of the persons nforesaid, who or any part thereof, as occasion shall require, to or other Office of profit, and ordained, That no Judge of shall die intestate, or who having left a will, shall for the use of any person or persons, whether resi the said Supreme Court shall be not have named an executor resident within the said dent or non-resident in the said Colony and its De capable of acccptiong, taking or performing, any resident as aforesaid, being doly cited, shall not ap: thereof, as crediors, legatces, or next of kin, or by Colony or its Dependencies; or where an executor, pendencies, who may be entitled thereto, or any part other Office or Place of profit or emolument, on poin that the acceptance of any such other Office or pear and sue forth such probate: annexing the will any other right or title whatsoever. Place as aforesaid, shall be and be deemed in Law to the Letters of Alninistration, when such persons de facto an avoidance of his Office of Judge, and the shall have left a will without naming an executor, made executors or acted and ordained, That it shall
Allowances go be
XXI. And be it further en Salary thereof shall cease, and be deemed to have where an executor shall have been named not re-administrators. and may be lawful for the said peased a cordingly, from the tire of such acceptance shall have been named resident within the said Co. Executor or Administrator of the effects of any deed upon a wilful misrepresentation of the facts of the
sident within the said Colony, or where an executor
Supreme Court to allow to any of any such other Office or Place.
Officers of the VIII. And be it further enactlony or its Dependencies, but who, being duly cited ceased person (except as herein mentioned) such case, it shall be lawful for the Chief Justice of the ed and ordained, That there thereunto, shall not appear and sue forth a probate commission or per centage out of their assets as shall said Court in lus discretion to order and adjudge the shall be and belong to the said thereof and to sequester the gools and chattels, be just and reasonable for their pains and trouble Plaintiff in such suit or action to pay to the Defen credits, and other effects whatsoever of such persous therein: Provided always, that no allowance what dant the costs of auch arrests or holling to buil, tog so dying, in cases allowed by Law, as the same is ever shall be made for the pains and trouble of any ether with such further sum of money as to the said and may be now used in the diocese of London: and Executor or Administrator who shall neglect to pass Chief Justice shall seem fit, as a reasonable compen to demand, require, take, hear, examine, and al ow, his accounts at such time, or to dispose of any money,sation to the said Defendant for having been so ar and, if occasion require, to disallow and reject the goods, chattels, or securities with which he shall be rescal or held to bail, and in defaul of payment of account of them, in such mander and form as may chargeable, in such manner, as in pursuance of any any sum of money so ordered to be paid as aforesaid, be used in the said diverse, and to do all other things general or special tufe or order of the sail foun, it shall be lawful for the said Chief Justice, and he Whatsoever needful and necessary in that behalf. stall be requisite; and morcover every such Exceu is hereby authorizal, to commit the sail Plaintiff to Coast to remPETE XVII. Proveded always, and tor or Administrator so neglecting to pass his ace the prison of the sail Court until the same shall bo IX. And be it further enacted power of revocation be it further enacted and ordain counts, or to dispose of any such money, goods, psd Provided, that in any case in which compen and ordained, That the serera!
ed, Thatthe said Supreme Court Chattels, or securities with which he shall be charsation shall have been awarded as aforesaid, it shall Superior Officers of the said is hereby authorised and required. where Letters of geable, shall be charged with intereat at the rate not be awful for the Defendant to proceed against Court, who now are, or here after may be appointed Administration shall be committed with the will on then current wahin the sail Colony and its Depen- the Plaintiff, by action or otherwise, for the to their said Offices by Her Majesty, Her Heirs, and nexed for want of an executor applying in due time desciss, for such sum and sums of money as from of any other or further sum of money by way of Successors, shall hold their several Offices during to sue forth the probate, to reserve in such Letters time to time shall have been in his hands, whether damages for such arrest or holding to bail. the pleasure of Her said Majesty, subject to suspen sion by the Governor, in like manner as other Of ficers shall be removable from their several Offices in the said Court by the Governor, or Acting Go vernor for the time being, upon reasonable couse.
Admission of Ear. X And be a further enacted Fisters and Annies, and ordained. That the said Su-
preme Court is hereby authoriz ed and empowered to approve, admit, and enrol such persons as shall have been admitted Barristers or Advocates in Great Britain or Inland, to practice as Barristers and such persons as shall have boon ad, muted as Solicitors, Attornies, or Writers in one of the Courts at Westminster, Dublin, or Edinburgh, er as Proctors in any Ecclesiastical Court in Eng land, or who shall have served for a period of three years as an articled Clerk to any Solicitor, Attorer, or Proctor, actually practising as such within the ther creditar or creditors, or not, of the deceased per, surer to the credit of the sud estate, unless the Chief
oleny of Hongkonger shall have been admittades, at the Court shall we : Prorid alwass, Jusi, upa a sun datement of kuce, stuali ras | Trial of any indictment or information, shall reform as Solicitors, Anomies, or Proctors, in any other of that Pholars of Willa, aud Letters of Admistration part the it will be more espaions for de mil conto Lar angles to attend the mid Coun paramant to such Her Majesty's British Colonies, to practise as Bal to be gutted by the said Cows, shall be limand to (to be otherwise held or dispused of, and arch Tren Subpesa, or any person shall be guilty of tors, Attornies, and Proctors in the said Court, suck meaty, goode platek, crefes, and effects as jounet shell - receive from the Registrer, as Adavina contract before the mail Court, it shall be lawful for subject nevertheless to be removed and struck of the dressed person at the time of his or her death ftrator as shariausi uobis the Moosen, dll soch toms of the raid Cour in panch any such peract in a tum
on the rolls of the sail Open, upsau reasonable ) shall have been entitled to walia the sad Chher of money as he shall tender to him, and shall worry the mary way, to her not exceeding One Hundred Dol-
Hongkong and is Dipendenti
stimato the xéntia of Bach estaten e the tall föogs.) law, or by imprimatiment for any time not excading
Court.
Supreme Court the following Officers, that is to say, a Register, a Clerk, and an Interpreter thereof, and such, and so many other Officers, as to the Gover or, or Acting Governor for the time being, of the said colony, shall from time to time appear to be necessary for the administration of Justice, and the due execution of all the Powers and Authorities which are granted and committed to the said Ceurt by this Ordinance, Officers how to
h. Id Bice,
muse
of Adininistration full power and authority to revoke he shult or shall not make intereat thereof the same, and to grain probate of the said will to such creator, whenever he shall duly appear and is Tressary. sue forth the same.
Coert tant let.
Parent of acry
XXII And be it further en- acted and ordained: That where Letters of Administration, or i
recovery
XXVI. And be it further Allowance of expole enacted and ordained, That it sea and compeñastion to winese.
shall and may be lawful to and XVIII. And be it further ad cailigenda bana" have been granted to the Re all proceedings therein, whether of a civil or crimi for the sabf Supreme Court, in ter of Admiration cuscled and onlained. That thegistrar unter an Act of Parliament passed at a Ses-nal attire, to order and allows to all persons examin- to nest of kin. said Supreme Court shall grant siva balden in the 39th and 10th year of the reigned or detained as witnesses in any such proceeding,
and commit Letters of Adminis-! tration to any one or more of the hwful next of kin
of King George the Third, inti- such sum de, sums of money as to the saaf Cout 31 & #G. 3. palet da det for establishing shall seem fit, as well for defraying the reasonable of persons so dying as aforesaid being then resident with the jurisdiction of the said Court, and bring vernsent of the British Territories in India, and reasonable compereation for their trouble" ant luta Further Regulations for the Go- expenses of such witnesses, an for affording them a of the age of twenty one par; and in case no sach the better øknisktralian of Justice wilkia the same, of time. persea shell then be rosing withing the jurisdiction or otherwise as Regerar, he shall within fourteen if the sail Count, or, being dely cited, shall not op. I days after recuring any water belonging to any
XXVIL And be it fushor Punkowns of wip enacted and ordainst, That if pear and pray the are, to the fesate to the amount of cree bundred Dolls, charnown for now and any person served with a Bab- or to the Degistry Registrar of the mail Cour, or of all just allowances and discous for commission, att pans to attend the said Bupreng
aten, and ef geruins to such person or persont, who pay the same to the bands of the Colonial Trac
Count as a witness in ang guit or action therein, or upon the
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