VACATION ORDINANCE, 1869

VACATION ORDINANCE, 1869

Vacation.

No. 1 of 1869.

An Ordinance to make further Provision in relation to the Vacation of
the Supreme Court and the Transaction of Business during the same
in certain Cases.

24th September, 1869.

WHEREAS it is expedient to make further provision in relation to the
vacation
of the Supreme'Court*and the transaction of business during the same in
certain cases: Be it enacted by the Governor of Hongkong, with the advice
of the

Legislative Council thereof, as follows:-

This Ordinance may, be cited ,as the « Pacationi Ordinance, x$69.'

2. Ordinance No.~ll of 1865, is hereby repealed:.

t3.:-From arid after the passing of -thin Ordinance, there sslt-~fl :be
two=peiiods off.; . s~

vacation foi the Supreme Court in each year, that is to say, a -summer
vacatioix
between the dates hereinafter mentioned, and a. winter vacation of one
zuonth.

4. The summer vacation shall commence on the evening of the twentieth day
of
August in each year and end on the morning of the twelfth day -of October
then next-:
following. The month'of February shall be the winter vacation month.

5, Except as hei=einafter zneutioned, no business shall be transacted by
the Supreme
Court Pr the offices connected4lzerewiGh,~during vacation: y - y

8: The Supreme Court and the offices connected therewith sh-all be open
during
vacation, for the purpose of holding any special criminal session and
also for the

purpose of granting interim inj uuctions and dissolving the same, issuing
writs, receiving;:
-petitiona and of completing any criminal, sessions or; by leave of the
Court, any, civil
business actually, commenced before .the first day of vacation.

7. It shall be -lawful for the Chief Justice, if he shall think , fit,
whenever it shall Chief anet~Ce`',~
may pertoit any
appear to him expedient that any other. civil. business should be
transacted during ring ~ bet: nO t3r:
vacation although not actually commenced before the first day thereof, to
make an
Vacation.

No. 1 of 1869.

order permitting the same to be so transacted, and every act or thing done in pursuance
of such order shall be as valid as if done out of vacation. Provided that no such order
shall issue except with the consent of all parties who might in the opinion of the Chief
Justice be prejudiced thereby.

8. Judgment map be signed during vacation by leave'of, the Chief Justice upon
such terms and conditions as he may think fit.

9. It, shall be lawful for the Judge of the Court of Summary Jurisdiction
during -
vacation in case of. the temporary absence of the Chief Justice from the
Colony, or such 4;

other fit person as the Governor may appoint for that purpose, to hold a
special criminal.
session if the Governor shall so direct; and also for the Judge of the
Court of Summary
Jurisdiction to exercise without aam direction from the Chief Justice in
that behalf all
the powers vested in him by, section $4 of Ordinance No. 7 of 1862 in
respect of any
civil ['or criminal' as amended by Ordinance No. 1 of 1871) business
originating in the
Supreme Court; but subject always, as to such civil ['or criminal' as
amended -by.
Ordinance No. 1 of 1871] business, to the provisos and 'exceptions in the
said seetio:i
co ntained and to tie provisions of this Ordinance.
r

1-C, The periods of the vacation of the Supreme Cgurt may be varied from
trine
to trrxie by a' rule of d`ourt to.. be inade by the Chief Justice, and
approved by,= 4lie
Legislative Council in the'manner provided by.Ordinanca No.-4-of 1857.,

11; This ,Ordmanee shall come into force and take effect on such day as
shall-
hereafter be freed by pioclamaation under the hand of the Governor.

(In force from 25th September, 1869, under proclamation of same date.
Repealed by Ordinance No. 12 of 1873.)
1025

Title.
Preamble.
Short title.
Repealing clause.
Summer and winter vacations.
Periods of vacations.
Transaction of business in vacation.
What business may be transacted.
Chief Justice may permit any other civil business to be transacted in vacation.
1026
Proviso as to consent of parties.
Signing judgment.
Power of Judge of Court of Summary Jurisdiction in vacation.
The periods of vacation may be varied by rule of Court.
Commencement of Ordinance.

1025

Title.
Preamble.
Short title.
Repealing clause.
Summer and winter vacations.
Periods of vacations.
Transaction of business in vacation.
What business may be transacted.
Chief Justice may permit any other civil business to be transacted in vacation.
1026
Proviso as to consent of parties.
Signing judgment.
Power of Judge of Court of Summary Jurisdiction in vacation.
The periods of vacation may be varied by rule of Court.
Commencement of Ordinance.

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No. 1 of 1869

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