70
Writ of error.
Appeal.
ORDINANCE No. 15 OF 1844.
Supreme Court.
68. And be it further enacted and ordained, that the Governor, in his Executive Council, shall constitute and be a Court of Error and Appeal, to whom it shall be lawful for any party to appeal by writ of error, or petition, from any decision, decree, or order of the said Supreme Court, in all matters of law and equity, where the matter in dispute shall amount to the sum of one thousand five hundred dollars, but not otherwise: Provided, that no such writ of error, or petition, shall be allowed after the expiration of fourteen days next after the decision, decree, or order of the said Supreme Court shall have been pronounced.
69. And be it enacted and ordained, that any person or persons may appeal to Her Majesty, Her Heirs and Successors, in Council, from any judgment, decree, order, or sentence of the said Supreme Court, or of the said Court of Error, in such manner, within such time, and under and subject to such rules, regulations, and limitations, as are hereinafter mentioned—that is to say, in case any judgment, decree, order, or sentence, shall be given or pronounced for, or in respect of, any sum or matter at issue above the amount or value of five thousand lawful current dollars of Hongkong; or in case such judgment, decree, order, or sentence, shall involve directly or indirectly, any claim, demand, or question to, or respecting property, or any civil right amounting to, or of the value of five thousand such dollars as aforesaid, (save and except where the matter in dispute shall relate to the taking or demanding of any duty payable to Her Majesty, or to any fee of office, or to any other matter or thing in which the Crown has an interest, or where rights in future may be bound, or to any general right or duty, in any of which cases an appeal shall lie, notwithstanding the value of the matter or thing in dispute shall not amount to five thousand dollars,) the person or persons feeling aggrieved by any such judgment, decree, order, or sentence, may, within one calendar month next after the same shall have been pronounced, made, or given, apply to the said Court, by petition, for leave to appeal therefrom to Her Majesty, Her Heirs and Successors, in Council; and in case such leave to appeal shall be prayed by the party or parties, who is or are directed to pay any such sum of money, or perform any duty, the said Court shall, and is hereby empowered, either to direct that the judgment, decree, order, or sentence appealed from, shall be carried into execution, or that the execution thereof shall be suspended, pending the said appeal, as to the said Court may appear to be most consistent with real and substantial justice; and in case the said Court shall direct such judgment, decree, order, or sentence, to be carried into execution, the person or persons in whose favor the same shall be given, shall, before the execution thereof, enter into good and sufficient security, to be approved by the said Court, for the due performance of such judgment, or order, as Her Majesty, Her Heirs and Successors, shall think fit to make thereupon; or in case the said Court shall direct the execution of any such judgment, decree, order, or sentence, to be suspended pending the appeal, the person or persons, against whom the same shall have been given, shall in like manner, and before any order for the suspension of any such execution is made, enter into good and sufficient security, to the said Court for the due performance of such judgment, or order as Her Majesty, Her Heirs and Successors, shall think fit to make thereupon: and in all cases it is.
70
Writ of error.
Appeal.
ORDINANCE No. 15 OF 1844.
Supreme Court.
68. And be it further enacted and ordained, that the Governor, in his Executive Council, shall constitute and be a Court of Error and Appeal, to whom it shall be lawful for any party to appeal by writ of error, or petition, from any decision, decree, or order of the said Supreme Court, in all matters of law and equity, where the matter in dispute shall amount to the sum of one thousand five hundred dollars, but not otherwise: Provided, that no such writ of error, or petition, shall be allowed after the expiration of fourteen days next after the decision, decree, or order of the said Supreme Court shall have been pronounced.
69. And be it enacted and ordained, that any person or persons may appeal 'to Her Majesty, Her Heirs and Successors, in Council, from any judgment, decree, order, or sentence of the said Supreme Court, or of the said Court of Error, in such manner, within such time, and under and subject to such rules, regulations, and limitations, as are heroinafter mentioned,-that is to say, in case any judgment, decree, order, or sentence, shall be given or pronounced for, or in respect of, any sum or matter at issue above the amount or value of five thousand lawful current dollars of Hongkong; or in case such judgment, decree, order, or sentence, shall involve directly or indirectly, any claim, demand, or question to, or respecting property, or any civil right amounting to, or of the value of five thousand such dollars as aforesaid, (save and except where the matter in dispute shall relate to the taking or demanding of any duty payable to Her Majesty, or to any fee of office, or to any other matter or thing in which the Crown has an interest, or where rights in future may be bound, or to any general right or duty, in any of which cases an appeal shall lie, notwithstanding the value of the matter or thing in dispute shall not amount to five thousand dollars,) the person or persons feeling ag- grieved by any such judgment, decree, order, or sentence, may, within one calendar month next after the same shall have been pronounced, made, or given, apply to the said Court, by petition, for leave to appeal therefrom to Her Majesty, Her Heirs and Successors, in Council; and in case such leave to appeal shall be prayed by the party or parties, who is or are directed to pay any such sum of money, or perform any duty, the said Court shall, and is bereby empowered, either to direct that the judgment, decree, order, or sentence appealed from, shall be carried into execution, or that the execution thereof shall be suspended, pending the said appeal, as to the said Court may appear to be most consistent with real and substantial justice and in case the said Court shall direct such judgment, decree, order, or sentence, to be carried into execution, the person or persons in whose favor the same shall be given, shall, before the execution thereof, enter into good and sufficient security, to be approved by the said Court, for the due performance of such judgment, or order, as Her Majesty, Her Heirs and Successors, shall think fit to make thereupon or in case the said Court shall direct the execution of any such judgment, decree, order, or sentence, to be suspended pending the appeal, the person or persons, against whom the same shall have been given, shall in like manner, and before any order for the suspension of any such execution is made, enter into good and sufficient security. to the said Court for the due performance of such judgment, or order as Her Majesty, Her Heirs and Successors, shall think fit to make thereupon: and in all cases it is.
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