SUPREME COURT ORDINANCE

SUPREME COURT ORDINANCE

ORDINANCE No. 3 of 1858.

Sttpreme -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,
prosecuted, and determined, as well in term as out of term.

2. The ordinary sessions for the despatch of the criminal business of the
said
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 [Repealed by Ordinance No. S of 1865.]

3, Except for the purpose of issuing writs, receiving petitions, or
completing any sessions, hearing, inquiry, or trial, actually commenced
on or before the day next hereinafter mentioned, tile said Court, and the
-offices thereof, shall be closed from the evening of the twentieth day of
August, [',September' as amended by Ordinance No. 3 of 1859] in each
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
Equity side of the said Court, for the purpose of bringing before the
Court
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
fast-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, cs
iu a suit or proceeding commenced by bill, petition, claim, case; or slim=
Anons, on the Equity side of the said Court.

Proceedings
iri term and
out of term.

Criminal
$e93ieilS.

The Court,
&o., to be
closed be-
tween the
20th August
(Se ;tewber)
anTtbe 12th
October

Equitable
jurisdiction
extended.
ORDINANCE No. 3of mss.

Supreme Court.

Stay ofpro- ~, The said Court may stay proceedings instituted under
section 4
Ceedings in
sucu case. or in any separate suit or matter in Equity, if. the said Court
shall be of
opinion that the same ought not, or (as the case may be) Ought to be
prosecuted under the said section : And it shall have power to impose
such terms, and give such directions upon such stay of proceedings with
respect to costs, admissions, or otherwise, as shall be deemed meet.

Inspection of
elocuinents.

6. Applications for inspection under Ordinance No. 3 of 180-`O;
section 4, may be made at any time before trial or hearing.

andea to conaac 7, Whether in civil or in criminal cases, and whether in
proceedings before the
of seven,
said Court, or before the sheriff, or a commissioner, or an officer of
the same, every
jury (not bein; a Coroner's, jury) shall always consist of seven men, and
the unani-
mous verdict or finding of every such jury, or, where the case is not
capital, of the
majority thereof, shall be in all cases final for all purposes soever.
[Repealed by Or

dinance No. 11 of 1864.E

AhplieationF $, Where the matter in dispute between the parties to any
action:
in Mattei's of '
mono account consists wholly or in part of matters of here account, which
cannot be
to be mule
within one conveniently tried in the ordinary way, it shall be the duty of
the plain=
tray after
Issue joined, tiff or his attorney, or (in his or their default,) for the
defendant, or his.
at latest. attorney, to make such application' as is provided by Ordinance
No.,6 of'
1855, section 2, to the Court or in Judge's chambers within one day
after issue is joined between the said parties at the latest.
Vesting order g, The jurisdiction of the said Court to grant vesting
orders of the

in ease of
moveables, estate and effects of insolvent debtors, is hereby declared to
extend to
Wneresaever

locailyeituttte. all their moveable property wheresoever locally situate;
yet so as that,
the said debtors are themselves personally subject to the jurisdiction of
the said Court in respect of their insolvency-. ,

Power to lQ, Wheresoever it shall appear to the :aid Court (except when

Increase. or
decrease fixed sitting in its Admiralty jurisdiction), that allowances of
any kind, as firmed

allowances.

by former enactments, ought generally or in any particular case to be

. increased or decreased in proportion to the valve of money within this,
Colony, or the fluctuations thereof, or the difference of currency, it
sbalh
be lawful, for the said Court to authorize.or direct tile same
respectively,
to be so increased or decreased accordingly.

Powers of the
Taxing

II
laster
extended.

11. The provisions of section 10 shall be deemed to empower the:
said Court, likewise. to authorize` or direct -the Taxing Master thereof=
(but only in each particular case) to exercise the like discretion
ila..the''
ORDINANCE No. 3 of 1858.

Supreme Court.

discharge of his own functions: And he is hereby further empowered,
without such authority or direction, to make such allowances in taxation,
as he may deem reasonable and fair, in respect of matters not expressly
provided for by Ordinance, or rule, or order of the Court, for the time
being.

12. In taxation of charges of attornies, solicitors, or proctors, for
their attendances, and of allowances of fees to counsel, distance and time
shall be taken into account, and the same shall be computed respectively
from and back to the office, chambers, or residence of the practitioner,
and from the time of departure thence to the titre of return thither
respectively.

13. The fees payable to attornies, solicitors; or proctors in respect
Uniformity
of fees in
of drawing, copying, and en(yrossing documents shall be the wine in
certain c::s~s.
every jurisdiction of the said Court, (except the SutnnLary and Admiralty
Jurisdictions thereof,) and shall be ascertained rind determined accordinn
to the scale contained in the General Rule of the said Court of Michael-
mas Term, in the eighteenth year of the Queen, dated the 31st day of
October, 1854,-so far as the same can be thereunto applied by the Taxing
'Master; but the fees of Court in the said jurisdictions (except as
aforesaid)
for copying or engrossing shall. in no case exceed the rates provided by
the first schedule to the Ordinance No. 14 of 1856.

14. Except by consent, no cause or matter within the Summary
Jurisdiction shall be set clown for hearing before at least four clear
days
from the service of the plaint, nor postponed unless at least twenty-four
hours' notice in writing thereof bath been first given to the Registrar
And (except by consent) it shall not be competent to the defendant to
enter into any special defence, exempli gratid, set off, illegality, want
of
consideration, infancy, or the statute of limitations, unless at least
twenty-
four hours' written notice thereof bath been first given to the plaintiff
or
his attorney.

Ac to distance
.7711L time ill
taxation.

I-Tearing aril
postponement
of cases in the
summary
jurisdiction.

16. All fees payable to the bailiff or lender-bailiff of the said Court
Bailiff's fees.
in,the Summary Jurisdiction thereof, shall be henceforth evenly divided
between the said two officers, when and as the same shall be received.

If. All Crown fees payable under this or any Ordinance relating to crown
fe
the Supreme Court, and all costs payable by or to the Crown ( except in
an ~laya~ ~oia

Admiralty. cases), shall be paid in current dollars only. dollars only.,
Proceedings in term and out of term.
Criminal sessions.
The Court, &c. to be closed between the 20th August (September) and the 12th October (November).
Equitable jurisdiction extended.
Stay of proceedings in such case.
Inspection of documents.
Juries to consist of seven.
Applications in matters of mere account to be made within one day after issue joined, at latest.
Vesting order in case of moveables, wheresoever locally situate.
Power increase or decrease fixed allowances.
Powers of the Taxing Master extended.
As to distance and time in taxation.
Uniformity of fees in certain cases.
Hearing and postponement of cases in the sumsry jurisdiction.
Bailiff's fees.
Crown fees and costs to be payable in dollars only.

Proceedings in term and out of term.
Criminal sessions.
The Court, &c. to be closed between the 20th August (September) and the 12th October (November).
Equitable jurisdiction extended.
Stay of proceedings in such case.
Inspection of documents.
Juries to consist of seven.
Applications in matters of mere account to be made within one day after issue joined, at latest.
Vesting order in case of moveables, wheresoever locally situate.
Power increase or decrease fixed allowances.
Powers of the Taxing Master extended.
As to distance and time in taxation.
Uniformity of fees in certain cases.
Hearing and postponement of cases in the sumsry jurisdiction.
Bailiff's fees.
Crown fees and costs to be payable in dollars only.

https://oelawhk.lib.hku.hk/items/show/121

1890

v1

No. 3 of 1858

3