the-ordinances-of-the-legislative-counci-1890 — Page 437

ORDINANCE No. 3 OF 1858 . 401


Supreme Court.


No. 3 of 1858.


An Ordinance for the Supreme Court.

[ 22nd March, 1858. ]


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


1. Causes, actions, and all proceedings whatever, may be heard, had, Proceedings
in term and
prosecuted, and determined , as well in term as out of term. out of term .


2. The ordinary ' sessions for the despatch of the criminal business of the said Criminal
sessions.
Court, shall begin on the eighteenth day of each month, in which such sessions are,
or shall be, appointed to be holden, or, if the said day shall be a dies non, then on the
first lawful day next following. [ Repealed by Ordinance No. 3 of 1865. ]


3. Except for the purpose of issuing writs, receiving petitions , or The Court,
&c., to be
completing any sessions, hearing, inquiry, or trial , actually commenced closed be
tween the
on or before the day next hereinafter mentioned , the said Court, and the 20th August
offices thereof, shall be closed from the evening of the twentieth day of September)
and 12th
October
August, [ " September " as amended by Ordinance No. 3 of 1859 ] in each (November).
year, and remain closed until the morning of the twelfth day of October,
[ " November " as amended by Ordinance No. 3 of 1859 ] then next
following .


4. It shall not be necessary to institute any proceeding on the Equitable
jurisdiction
Equity side of the said Court, for the purpose of bringing before the Court extended.
any equitable claim, defence, or question , incident or collateral to, or
arising out or in the course of, any proceeding on any other side of the
said Court ( except the Summary Jurisdiction thereof ) , or in aid of such
last-mentioned proceeding : But every such claim, defence, or question
may be so heard , and determined , on petition presented , or motion made,
and intituled respectively in such last- mentioned proceeding, or as the
Court shall direct : And in every such case the said Court shall have
the like power to direct inquiries, accounts, and other preliminary or
consequential matters, and to enforce its said directions, and to make
interlocutory or final orders and decrees in the premises respectively, as
in a suit or proceeding commenced by bill, petition , claim, case , or sum
mons, on the Equity side of the said Court.