1890_APPEALS_FROM_JUSTICES_ORDINANCE — Page 1

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Justice" to include "Court," and "Party" to include "Crown." Meaning of "Appellant" and Re- spondent."

Application may be made within three days to state a case; and must be granted except it bo frivolous.

Recognisance of appeal.

Fees payable.

ORDINANCE No. 4 OF 1858.

Appeals from Justices.

No. 4 of 1858.

An Ordinance for Summary Jurisdictions and Appeals to the

Supreme Court.

BE

[22nd March, 1858.]

E it enacted and ordained by His Excellency the Governor of Hong- kong, with the advice of the Legislative Council thereof, as follows:-

1. The word "Justice" in this Ordinance shall include every Court of Summary Jurisdiction, and whether of primary Jurisdiction or ap- pellate, except the Supreme Court; and the word "Party" shall include the Crown; and the word "Appellant" shall mean the party applying under section 2 of this Ordinance; and the word "Respondent" shall mean the opposite party.

2. Within three ["seven" as amended by Ordinance No. 8 of 1889] clear days after the determination by a Justice of any suit, information, or complaint, which he hath or shall have power to determine in a summary way, either party to the matter so determined may apply in writing to the said Justice, to state and sign a case setting forth the facts. of the 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 same is merely frivolous, (in which case only he may refuse the same,). and shall thereupon, upon receiving from the said appellant the Crown fee of one current dollar, sign and deliver unto him a certificate of 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.

3. On the said application being granted, and before the said case- being stated and delivered by the said Justice, the appellant shall enter into a recognisance before him, or any other Justice exercising the 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, with- out 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,