1890_COMMON_LAW_PROCEDURE_ORDINANCE — Page 1

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332

Chinese wills or testamentary writings made in the Chinese manner shall be deemed valid.

Saving of suits, &c.

ORDINANCES Nos. 4 AND 5 OF 1856.

Chinese Wills.

Common Law Procedure.

1. Any written will or testamentary writing heretofore or to be hereafter made or acknowledged by a Chinese testator or testatrix (whether a native of, or domiciled in this Colony or the Empire of China) shall, if the same be proved to have been made or acknowledged and authenticated according to the Chinese laws or usages so as to be effectual for the transmission of property according to such laws or usages, be deemed and taken to be lawfully made and acknowledged, and to have the same virtue and effect as if the same had been made and acknowledged according to Act of Parliament.

2. This Ordinance shall not affect or apply to any judgment or decree heretofore made by any Court, or any suit or action now pending therein, in which suit or action the validity of any will or testamentary writing hath or shall come in question, nor any rights heretofore acquired under and by reason of the laws in force relating to wills or testamentary writings at the time of the passing of this Ordinance.

No. 5 of 1856.

Title. [See Ords. No. 7 of 1856 and No. 4 of 1857.]

Preamble.

Extension of portions of Ordinance No. 6 of 1855 to criminal cases.

An Ordinance for the Amendment of Procedure in Civil and Criminal Cases.

[17th March, 1856.]

WHEREAS important reforms have been introduced into the laws of the United Kingdom, with a view of cheapening, simplifying, and expediting the administration of justice, and it is expedient and desirable that this Colony should as far as possible have the benefit of these reforms: Be it therefore enacted and ordained by His Excellency the Governor of Hongkong, with the advice of the Legislative Council thereof, as follows:-

1. Sections 17, 21, 22, 23, 24, 25, 26, 29, 30, 42, 43, and 92, of Ordinance 19 Victoria, No. 6 of 1855, shall apply to criminal procedure equally as to civil; and where any of the enactments contained in the Common Law Procedure Acts of 1852 and 1854, or in any rules or orders hereby respectively extended to Hongkong, relate to amendment of pleadings or to evidence, the same shall be interpreted to apply to criminal procedure equally as to civil. [Repealed by Ordinance No. 3 of 1865.]

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332 Chinese wills or testamentary writings made in the Chinese manner shall be deemed valid. Saving of suits, &c. ORDINANCES Nos. 4 AND 5 OF 1856. Chinese Wills. Common Law Procedure. 1. Any written will or testamentary writing heretofore or to be hereafter made or acknowledged by a Chinese testator or testatrix (whether a native of, or domiciled in this Colony or the Empire of China) shall, if the same be proved to have been made or acknowledged and authenticated according to the Chinese laws or usages so as to be effectual for the transmission of property according to such laws or usages, be deemed and taken to be lawfully made and acknowledged, and to have the same virtue and effect as if the same had been made and acknowledged according to Act of Parliament. 2. This Ordinance shall not affect or apply to any judgment or decree heretofore made by any Court, or any suit or action now pending therein, in which suit or action the validity of any will or testamentary writing hath or shall come in question, nor any rights heretofore acquired under and by reason of the laws in force relating to wills or testamentary writings at the time of the passing of this Ordinance. No. 5 of 1856. Title. [See Ords. No. 7 of 1856 and No. 4 of 1857.] Preamble. Extension of portions of Ordinance No. 6 of 1855 to criminal cases. An Ordinance for the Amendment of Procedure in Civil and Criminal Cases. [17th March, 1856.] WHEREAS important reforms have been introduced into the laws of the United Kingdom, with a view of cheapening, simplifying, and expediting the administration of justice, and it is expedient and desirable that this Colony should as far as possible have the benefit of these reforms: Be it therefore enacted and ordained by His Excellency the Governor of Hongkong, with the advice of the Legislative Council thereof, as follows:- 1. Sections 17, 21, 22, 23, 24, 25, 26, 29, 30, 42, 43, and 92, of Ordinance 19 Victoria, No. 6 of 1855, shall apply to criminal procedure equally as to civil; and where any of the enactments contained in the Common Law Procedure Acts of 1852 and 1854, or in any rules or orders hereby respectively extended to Hongkong, relate to amendment of pleadings or to evidence, the same shall be interpreted to apply to criminal procedure equally as to civil. [Repealed by Ordinance No. 3 of 1865.]
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332 Chinese wills or testamen- tary writings made in the Chinese man- ner shall be deemed valid. Saving of suits, &c. ORDINANCES Nos. 4 AND 5 OF 1856. Chinese Wills. Common Law Procedure. 1. Any written will or testamentary writing heretofore or to be hereafter made or acknowledged by a Chinese testator or testatrix (whether a native of, or domiciled in this Colony or the Empire of China) shall, if the same be proved to have been made or acknowledged and authenticated according to the Chinese laws or usages so as to be effectual for the transmission of property according to such laws or usages, be deemed and taken to be lawfully made and acknowledged, and to have the same virtue and effect as if the same had been made and acknowledged according to Act of Parliament. 2. This Ordinance shall not affect or apply to any judgment or decree heretofore made by any Court, or any suit or action now pending therein, in which suit or action the validity of any will or testamentary writing hath or shall come in question, nor any rights heretofore acquired under and by reason of the laws in force relating to wills or testamentary writings at the time of the passing of this Ordinance. No. 5 of 1856. Title. [See Ords. No. 7 of 1856 and No. 4 of 1857.] Preamble. Extension of portions of Ordi- nance No. 6 of 1855 to criminal cases, An Ordinance for the Amendment of Procedure in Civil and Criminal Cases. W [17th March, 1856.] HEREAS important reforms have been introduced into the laws of the United Kingdom, with a view of cheapening, simplifying, and expediting the administration of justice, and it is expedient and desirable that this Colony should as far as possible have the benefit of these reforms: Be it therefore enacted and ordained by His Excellency the Governor of Hongkong, with the advice of the Legislative Council thereof, as follows:- 1. Sections 17, 21, 22, 23, 24, 25, 26, 29, 30, 42, 43, and 92, of Ordinance 19 Victoria, No. 6 of 1855, shall apply to criminal procedure equally as to civil; and where any of the enactments contained in the Common Law Procedure Acts of 1852 and 1854, or in any rules or orders hereby respectively extended to Hongkong, relate to amendment of pleadings or to evidence, the same shall be interpreted to apply to criminal procedure equally as to civil. [Repealed by Ordinance No. 3 of 1865.]
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332

Chinese wills or testamen- tary writings made in the Chinese man- ner shall be deemed valid.

Saving of suits, &c.

ORDINANCES Nos. 4 AND 5 OF 1856.

Chinese Wills.

Common Law Procedure.

1. Any written will or testamentary writing heretofore or to be hereafter made or acknowledged by a Chinese testator or testatrix (whether a native of, or domiciled in this Colony or the Empire of China) shall, if the same be proved to have been made or acknowledged and authenticated according to the Chinese laws or usages so as to be effectual for the transmission of property according to such laws or usages, be deemed and taken to be lawfully made and acknowledged, and to have the same virtue and effect as if the same had been made and acknowledged according to Act of Parliament.

2. This Ordinance shall not affect or apply to any judgment or decree heretofore made by any Court, or any suit or action now pending therein, in which suit or action the validity of any will or testamentary writing hath or shall come in question, nor any rights heretofore acquired under and by reason of the laws in force relating to wills or testamentary writings at the time of the passing of this Ordinance.

No. 5 of 1856.

Title. [See Ords. No. 7 of 1856 and No. 4 of 1857.]

Preamble.

Extension of portions of Ordi- nance No. 6 of 1855 to criminal cases,

An Ordinance for the Amendment of Procedure in Civil and

Criminal Cases.

W

[17th March, 1856.]

HEREAS important reforms have been introduced into the laws of the United Kingdom, with a view of cheapening, simplifying, and expediting the administration of justice, and it is expedient and desirable that this Colony should as far as possible have the benefit of these reforms: Be it therefore enacted and ordained by His Excellency the Governor of Hongkong, with the advice of the Legislative Council thereof, as follows:-

1. Sections 17, 21, 22, 23, 24, 25, 26, 29, 30, 42, 43, and 92, of Ordinance 19 Victoria, No. 6 of 1855, shall apply to criminal procedure equally as to civil; and where any of the enactments contained in the Common Law Procedure Acts of 1852 and 1854, or in any rules or orders hereby respectively extended to Hongkong, relate to amendment of pleadings or to evidence, the same shall be interpreted to apply to criminal procedure equally as to civil. [Repealed by Ordinance No. 3 of 1865.]

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