1890_APPEALS_FROM_JUSTICES_ORDINANCE — Page 3

HK Historical Laws 香港歷史法例 All AI Reviewed

406

Orders of the Court shall be conclusive.

Costs.

Determinations after appeal may be enforced.

Certiorari or mandamus

ORDINANCE No. 4 OF 1858.

Appeals from Justices.

party so requesting, to the opposite party, four clear days before the day so appointed.

7. The Supreme Court shall hear and determine every question of law or fact, arising upon a case so set down, and shall (according to the circumstances thereof) affirm, amend, or reverse, the determination in respect whereof the said case shall have been stated, or remit the matter of such determination with the said Court's opinion thereon to the said Justice, or make such other order with respect to the said matter, as shall be requisite to the due adjudication thereof, or remit the said case to him, with direction to make a new determination, or (as the case may be) to amend the same, and to return it to the said Court, within such time as the said Court may direct, and shall postpone judgment thereon, until after the same shall have been so returned, and then shall deliver judgment thereon accordingly, as to the said Court shall seem meet; and the said Court may likewise make all such orders with respect to costs, as shall be deemed meet; save that no Justice, who shall have stated and delivered a case under this Ordinance, shall be liable to costs for or by reason of the same, or of the determination in respect whereof the same shall have been stated.

8. The Laws relating to the enforcement by Justices or others, of determinations of Justices not appealed against under this Ordinance, shall extend to and be applied by Justices or others in the enforcement of determinations affirmed, or amended, or made under this Ordinance, and also to the judgments of said Supreme Court, upon any appeals under the same; and all Justices shall be bound to conform themselves in the premises to the directions, opinions, and judgments of the said Court.

9. No certiorari, mandamus, or other writ, shall be requisite or required for carrying into effect this Ordinance.

Forfeited recognisance.

10. The Laws for the time being in force with respect to the proceeding upon recognisances forfeited before Justices or at sessions, shall extend to all recognisances which shall be taken under this Ordinance, and any of the conditions whereof shall not have been complied with; yet so as that, upon every such recognisance there shall be endorsed the certificate of a Justice, stating in what respect the said conditions have not been complied with, which certificate shall be deemed to be primâ facie evidence of the forfeiture of the said recognisance.

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406 Orders of the Court shall be conclusive. Costs. Determinations after appeal may be enforced. Certiorari or mandamus ORDINANCE No. 4 OF 1858. Appeals from Justices. party so requesting, to the opposite party, four clear days before the day so appointed. 7. The Supreme Court shall hear and determine every question of law or fact, arising upon a case so set down, and shall (according to the circumstances thereof) affirm, amend, or reverse, the determination in respect whereof the said case shall have been stated, or remit the matter of such determination with the said Court's opinion thereon to the said Justice, or make such other order with respect to the said matter, as shall be requisite to the due adjudication thereof, or remit the said case to him, with direction to make a new determination, or (as the case may be) to amend the same, and to return it to the said Court, within such time as the said Court may direct, and shall postpone judgment thereon, until after the same shall have been so returned, and then shall deliver judgment thereon accordingly, as to the said Court shall seem meet; and the said Court may likewise make all such orders with respect to costs, as shall be deemed meet; save that no Justice, who shall have stated and delivered a case under this Ordinance, shall be liable to costs for or by reason of the same, or of the determination in respect whereof the same shall have been stated. 8. The Laws relating to the enforcement by Justices or others, of determinations of Justices not appealed against under this Ordinance, shall extend to and be applied by Justices or others in the enforcement of determinations affirmed, or amended, or made under this Ordinance, and also to the judgments of said Supreme Court, upon any appeals under the same; and all Justices shall be bound to conform themselves in the premises to the directions, opinions, and judgments of the said Court. 9. No certiorari, mandamus, or other writ, shall be requisite or required for carrying into effect this Ordinance. Forfeited recognisance. 10. The Laws for the time being in force with respect to the proceeding upon recognisances forfeited before Justices or at sessions, shall extend to all recognisances which shall be taken under this Ordinance, and any of the conditions whereof shall not have been complied with; yet so as that, upon every such recognisance there shall be endorsed the certificate of a Justice, stating in what respect the said conditions have not been complied with, which certificate shall be deemed to be primâ facie evidence of the forfeiture of the said recognisance.
Baseline (Original)
406 Orders of the Court shall be -conclusive. -Costs. Determina- tions after appeal may be enforced. Certiorari or mundamus ORDINANCE No. 4 OF 1858. Appeals from Justices. party so requesting, to the opposite party, four clear days before the day. so appointed. 7. The Supreme Court shall hear and determine every question of law or fact, arising upon a case so set down, and shall (according to the circumstances thereof) affirm, amend, or reverse, the determination in respect whereof the said case shall have been stated, or remit the matter of such determination with the said Court's opinion thereon to the said Justice, or make such other order with respect to the said matter, as shall be requisite to the due adjudication thereof, or remit the said case to him, with direction to make a new determination, or (as the case may be) to amend the same, and to return it to the said Court, within such time as the said Court may direct, and shall postpone judgment thereon, until after the same shall have been so returned, and then shall deliver judgment thereon accordingly, as to the said Court shall seem meet; and the said Court may likewise make all such orders with respect to costs, as shall be deemed meet; save that no Justice, who shall have stated and delivered a case under this Ordinance, shall be liable to costs. for or by reason of the same, or of the determination in respect whereof the same shall have been stated. 8. The Laws relating to the enforcement by Justices or others, of determinations of Justices not appealed against under this Ordinance, shall extend to and be applied by Justices or others in the enforcement of determinations affirmed, or amended, or made under this Ordinance, and also to the judgments of said Supreme Court, upon any appeals under the same; and all Justices shall be bound to conform themselves in the premises to the directions, opinions, and judgments of the said Court. 9. No certiorari, mandamus, or other writ, shall be requisite for not required. carrying into effect this Ordinance. Forfeited re- cognisance. 10. The Laws for the time being in force with respect to the pro- ceeding upon recognisances forfeited before Justices or at sessions, shall extend to all recognisances which shall be taken under this Ordinance, and any of the conditions whereof shall not have been complied with; yet so as that, upon every such recognisance there shall be endorsed the certificate of a Justice, stating in what respect the said conditions have not been complied with, which certificate shall be deemed to be primâ facie evidence of the forfeiture of the said recognisance.
2026-05-02 13:34:18 · Baseline
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406

Orders of the Court shall be -conclusive.

-Costs.

Determina- tions after appeal may be enforced.

Certiorari or mundamus

ORDINANCE No. 4 OF 1858.

Appeals from Justices.

party so requesting, to the opposite party, four clear days before the day. so appointed.

7. The Supreme Court shall hear and determine every question of law or fact, arising upon a case so set down, and shall (according to the circumstances thereof) affirm, amend, or reverse, the determination in respect whereof the said case shall have been stated, or remit the matter of such determination with the said Court's opinion thereon to the said Justice, or make such other order with respect to the said matter, as shall be requisite to the due adjudication thereof, or remit the said case to him, with direction to make a new determination, or (as the case may be) to amend the same, and to return it to the said Court, within such time as the said Court may direct, and shall postpone judgment thereon, until after the same shall have been so returned, and then shall deliver judgment thereon accordingly, as to the said Court shall seem meet; and the said Court may likewise make all such orders with respect to costs, as shall be deemed meet; save that no Justice, who shall have stated and delivered a case under this Ordinance, shall be liable to costs. for or by reason of the same, or of the determination in respect whereof the same shall have been stated.

8. The Laws relating to the enforcement by Justices or others, of determinations of Justices not appealed against under this Ordinance, shall extend to and be applied by Justices or others in the enforcement of determinations affirmed, or amended, or made under this Ordinance, and also to the judgments of said Supreme Court, upon any appeals under the same; and all Justices shall be bound to conform themselves in the premises to the directions, opinions, and judgments of the said Court.

9. No certiorari, mandamus, or other writ, shall be requisite for not required. carrying into effect this Ordinance.

Forfeited re- cognisance.

10. The Laws for the time being in force with respect to the pro- ceeding upon recognisances forfeited before Justices or at sessions, shall extend to all recognisances which shall be taken under this Ordinance, and any of the conditions whereof shall not have been complied with; yet so as that, upon every such recognisance there shall be endorsed the certificate of a Justice, stating in what respect the said conditions have not been complied with, which certificate shall be deemed to be primâ facie evidence of the forfeiture of the said recognisance.

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