1950_SUPREME_COURT_ORDINANCE — Page 4

Supreme Court.

(c) every officer (however designated) of the Supreme Court, or judge thereof, having or executing func- tions of the like kind or analogous to the func- tions of any officer (however designated) acting under the direction of the Lord Chancellor, of the Court of Chancery, or of any judge in England shall be deemed to be within the meaning of any of the provisions of the Act respecting such last- mentioned officers;

(d) "lunatic" means an idiot or person of unsound

mind;

(e) "Treasury" in section 148 of the Act shall include

the Governor in Council of Hong Kong; (the forms contained in the schedules to the Act may be used in the Colony in the cases to which they respectively have reference with such varia- tions and additions as circumstances may require. (3) In any inquiry into the idiocy, lunacy or unsound- ness of mind of any person, any issue determinable by the verdict of a jury shall be tried like an ordinary issue in the court by a common or special jury as the judge may direct Provided that the alleged idiot, lunatic or person of unsound mind may have a special jury as of right,

9. In every cause or matter commenced in the court, law and equity shall be administered by the court accord- ing to the rules following-

•

(a) if any plaintiff or petitioner claims to be entitled to any equitable estate or right, or to relief upon any equitable ground against any deed, instrument or contract, or against any right, title or claim asserted by any defendant or respondent in such cause or matter, or to any relief founded upon a legal right, which formerly could only have been given by the court in its equitable jurisdiction, the court shall give to such plaintiff or petitioner such and the same relief as ought to have been given by the court in its equitable jurisdiction in a suit or proceeding for the same or the like purpose properly instituted before the 13th day of October, 1873;

(b) if any defendant claims to be entitled to any equit- able estate or right, or to relief upon any equitable

[CAP. 4

}

Ordinance s. 33.

6 of 1887,

Rules for administration

concurrent

by the court of law and equity.

36 & 37 Vict. fef. 16 & 16

36, 37.1 2 of 1901, s. 3.

c. 66, s. 24.

Geo. 5, c. 49.

Lef. 15 & 16 s. 38.3'

Geo. 5, c. 49,

143