CHANCERY PROCEDURE ORDINANCE
Title
CHANCERY PROCEDURE ORDINANCE
Description
Chancery Procedure.
No. 7 of 1856.
An Ordinance to extend to this Colony certain Enactnaents and
General Orders for reforming Procedure in the High Court
of Chancery and the Offices thereof.
[17th March, 1856.]
WHEREAS it is desirable that sundry important reforms in the
administration of equity proceedings be adopted in this Colony :
Be it enacted and ordained by His Excellency the Governor of Hongkong;.
with the advice of the Legislative Council thereof, as follows:-
Subject Subject to the provisions hereinafter contained, the several
enact-
meats of the Imperial Parliament specified in schedule A to this Ordinance
annexed, and also the several orders of the High Court of Chancery of
Great Britain specified in schedule I3 to this Ordinance also annexed;
shall (to the extent in the said two schedules respectively defined, but.
not otherwise) extend to and come into force and effect within this
Colony'
from the tune of the passing of this present Ordinance. [So much as-
relates to ZO and rl TJict. c. 96 and to the General Orders of the High
Court
of Chancery of the 10th ,Tune, 1848, repealed by Ordinance 11'0. 7 of
1878.]
2. This Ordinance and Ordinance No. 5 of 186, entitled 'An
Ordinance for the Amendment of Procedure in Civil and Criminal Cases,'~
shall be so read and construed together as shall best conduce to the
particular effect of each ordinance and of the prow isi.ons thereby
respectiveiy-°
exteilded to this Colony.
ORDINANCE No. i of 1856.
Chancery Procedure.
3. For the purposes of this Ordinance, the words 'Great Seal' in
the said enactments and orders, respectively so extended to this Colony,
'shall be interpreted to include the seal of the Supreme Court of this
Colony,
and all the provisions thereof which respect the Lord Chancellor, or the
Court of Chancery, or any Superior Court of Equity, or any Judge in
England, shell be interpreted to include the said Supreme Court in Equity
and the Judges thereof, and every officer (howsoever designated) of the
said Supreme Court, or Judge thereof having or exercising functions of
the like hind or analagous to the functions of any officers (howsoever
-designated) of the said Lord Chancellor, Court of Chancery, Superior
Courts of Equity, or Judges in England, shall be deemed to be within
the meaning of any of the provisions of such enactments or orders re-
specting such last mentioned officers.
4. In the interpretation of the enactments and orders hereby extended
to this Colony, the following rules shall be observed within the same.
1. The authority and force of an order are equal to the authority
and force of an enactment.
2. Except in the cases specified in division 3 of this section, every
enactment or order which shall appear to be wholly or
partially repugnant to or inconsistent with some previous
enactment or order, shall be deemed to have abrogated the
same pro Onto.
3. Every enactment or order for regulating the performance of
the powers or duties of a master in ordinary or of a master
in lunacy passed or promulgated subsequently to the passing
of the Act of Parliament of the fifteenth and sixteenth years
of the present Queen, chapter eighty, and the promulgation
of the General Orders for giving effect to the same, shall be so
construed as to enable a Judge in Court or in chambers
to exercise and perform the said powers and duties within
this Colony as nearly as circumstances will permit in the
stead of any such masters respectively.
All provisions contained in any enactment or order respecting
the printing, of bills and claims, or portions of bills and
claims, or respecting the stamping or affixing of stamps on
vellum, parchment, or paper to be used in proceedings in
4.
The seal of
the Court, its
Judges, and
its officers, to
be within the
meaning of
the extended
provisions.
Rules for the
interpretation
of the extend-
ed enactments
and orders.
I. Enact.
menu and
orders arc
of equal
authority.
2. Subse-
quent enact-
ments or
orders to
abrogate
preceding
ones,- in case
of apparent
repugnance.
3. Except
in the case
of enact-
ments, &c.,
relating to
masters in
ordinary or
lunacy.
4. Provi-
sions respect-
ing printed or
stamped
proceedings
to apply to
written and
ORDINAhCE - \ o: 7 .or 1856.
Chancery Procedure.
unstalnped
proceedings.
Chancery, are abrogated, and all provisions contained in any
enactment or order respecting the filing copying service, of
effect of any printed or partially printed bill or claim, or an y
proceedings, written, printed, or engrossed on stamped
vellum, parchment, or paper, shall be respectively inter-
preted to apply to bills or claims in writing onto proceed-
ings written on unstamped vellum, parchment, or paper, as
the case may be.
Supreme 6, The Supreme Court is authorised to make and issue such rules.
Court to
make rules or orders for giving effect to this Ordinance as may be found
meet-
&e.
[Amended by Ordinance No. 4 of 1857.]
SLIIEUULE A (ACTS OF hAIiLIA3I$NT) TO WHICH THIS ORDINANCE REFERS.
Date of the Act.
8 cJ Yict. c. 16.
70 ~ 11 Viet, c. 96.
10 & 11 Viet. c. 97.
l I & 12 Viet. c.10.
12 & 13 Viet. c. i4.
12 & 13 Viet. c. 109.
13 a 14 Viet. e. 35.
13 & 14 WA. c. 60.
15 ~ 16 Yict. c.48.
I:i & 16 Viet. c. 55.
Title or Subject matter How far the Act is hereby extended
of the Act. I to this Colony.
The Companies' Clazcses'I
Consolidation Act 1845.
Trustees' Relief.
Discontinuance of the at-
tendance of Masters in
Ordinary in the Public
Office.
Oaths and Declarations
and Affirmations in
Chancery.
Trustees' further Relief.
Offices of the Court of
Chancery.
The Delay and Expense
of Proceedings in Chau-
ceIy.
The Trustee Act 1850.
The Property of I tcna-
tics.
The Trustee Act Exten-
sion Act.
Section r35 (relating to service of
notices, writs, or other proceedings at`
law or in equity).
The whole Act.
So mach of the Act as is unrepealed-by-
any subsequent Act.
So much of the Act as is unropealed by-
any subsequent Enactment.
The whole Act.
Sections 26 to 31, both inclusive (relat--
ing to writs and proceedings).
The whole Act (except section 35,) and
also the schedule to which the Act
refers.
The whole Act (except section 59)*
Section 6 (relating to Receivers).
`Clie whole Act.
ORDINANCE X'o. T.bi?'1856.
Chancery Procedure:
SCHEDULE A,-Continued.
I-low far the Act is hereby extended
to this Colony.
15 & 16 Viet. e. 80.
15 & 16 Viet. c. 36.
16 & 17 vies, e. 70.
16.& 17 Viet. c. 7 8.
16 & 1'T Viet, c. 98:
168~ 17 Viet. c. 137
.Z 7 8f 18 Trio. -c. 25.
17 & 18 Viet. c. 100
Date of the Act.
Title or Subject matter
of the Act.
An Act to abolish the
Office of Master in
Chancery, &c.
The Practice and Course
of Proceeding in the
Court of Chancery.
The Lunacy Regulation
Act 1853.
Oaths in Chancery and
Affidavits.
Relief of Suitors in' Chan-
cery.
The Charitable Trusts'
Act 1853.
Industrial andProvide-n.t
,8'ocieties. e
Dispatch of Business in
the Court of Chancery.
The sections of the Act numbered re-
spectively 1, i, 8, 11, 13, 14, 15, 19;
20, 21, 23, 24. 26, 27, 28, 29, 30, 31,
32, 33, 34, 35, 36, 3i, 39, 40, 42, 43,
and 60, (except so much of any sec-
tion as relates to the junior clerks on
to mode of nominating the convey-
ancing counsel).
The sections of the Act numbered re-
re-
spectively from 2 to 6, both inclusive;
from 10 to 21, both inclusive; from
23 to 29, both inclusive; and from 31
to 62, both inclusive; and section 66;
And also the schedule to which the
Act refers.
Sections 1 and 2 and 38, (except the
words in section 38, 'shall, subject to
the provision hereinafter contained,
be directed' to the Masters or one of.
them ; ') The sections numbered re-
spectivoly from 40 to 49, both inclusive;
section 50, (except the words therein
'in addition to the Masters or one o£
them;') sections 51 and 64 ; The sec-
tions numbered respectively from 55
to 63, both inclusive; from 66 to 70,
both inclusive; from 75 to 89, both
inclusive; from 98 to 100, both in-
clusive ; and from 113 to 139, both
inclusive; sections 145 and 146; and
the sections numbered respectively
from 148 to 151, both inclusive; and
schedules 1 and 3 in the said Act
referred to.
Sections 1, 5 and 6.
Sections 1, 2 and 3.
Sections 18, 28 and 43, (except so much,
as relates to persons authorised by the
Board therein mentioned).
Section 7 (except so much as requires
the registration of the societies therein
mentioned).
Sections 1, 2,,3 and 4.
ORDINANCE No. 7 olr 1856.
Chancery Procedure.
SCHEDULE B GENERAL ORDERS IN CHANCERY,) TO WHICH THIS ORDINANCE REFERS.
Dates or Titles of theSubject Matter of the
General Orders. General Orders.
Order of 17th March,
1843.
Orders of May, 1845.
Order of the 31st
January, 1846.
Order of the 13th
April, 1847.
Orders of the loth
.Tune, 1848.
Order of the 10th
December, 1849.
Orders of the 22nd
April, 1850;
Orders of the 3rd
June, 1850.
Orders of the 2nd
November, 1850.
Orders of the 16th
July, 1851.
Enrolment of Decrees
and Orders.
Practice and Pleading in
Equity.
IIabeas Corpus on taking
Bill pro Confesso.
Amendment.
Trustees Relief Act.
Taxation of a Pauper's
Costs.
Practice and Pleading by
way of claim in Equity.
Itefereneea and Warrants.
Practice as to Exceptions
and Orders of course.
Sales under authority of
the Court.
How much of each General Order is
hereby extended to Hongkong.
The whole, except so much as defines
the amount of office fees.
Order 1 ; Order 4, Article 3 ; Orders
numbered from :11 to 15, both inclu-
sive; Order 16, Articles 1, 3, 4, 10,
13, 14, 15, 16, 17, 18, 19, 32, 33, 34,
35, 3 7, 38, 41, 45, 46 ; Orders num-
bered from 20 to 27, both inclusive;
from 29 to 36, both inclusive; from
43 to 58 both inclusive; and from
63 to 90, both inclusive ; Orders 93,
114, 115, 116, 118 ; and Orders num-
bered respectively from 120 to 128,
both inclusive; and also the Sche-
dules in the said General Orders
referred to and thereunto annexed.
The whole Order.
The Whole Order.
The whole of the Orders.
The whole Order.
Orders 1, 2, 3, 6, 7, 8 and 9; Orders
numbered from ;11 to 18, both inclu-
sive; Orders 20, 21, 22, 24, 25, 26,
28, 29, 31 and 32 ; Order 33 (except
as to charges, allowances, and fees;
payable to solicitors); and Order
35 ; and also schedules A, 13, and C,
to the said Orders annexed .and.
therein referred to.
Orders numbered from 1 to 11, both
inclusive.
Orders 1 and 2 ; and Orders numbered
from 4 to 28, both inclusive.
The whole of the Orders.
ORDINANCE No. ; of '1856.
Chancery Procedure.
Dates or Titles of the
General Orders.
Orders of the 7th
August, 1852.
Orders of the 7th
August, 1852.
Orders of the 16th
October, 1852.
Order of the 26th
October, 1852.
Order of the 10th
November, 1852:
Orders of the 16th
December, 1852.
Order of the 4th
March, 1853.
Order of the 26th
July, 1853.
Order of the 9th
December, 1853.
Orders of the I st
June, 1854. .
Order of the 21st
June, 1854.
Orders of the 13th
January; 1855.
SCHEDULE B,-Continued.
Subject Matter of the
General Orders.
Appeals, Rehearings, and
Enrolments.
Pleading and Practice in
Equity under the la R;
16 Viet. c. 86.
Practice in Judges' Cham-
bers in Equity.
Copies of Proceedings in
Equity. `
Copies of Proceedings
and Documents.
Conveyancing Counsel.
Setting clown adjourned
cause for hearing.
Signing of Orders and
Certificates.
The Charitable Trusts'
Act, 185'.
Practice under the 15 and
16 Viet. c. 86 and c. 87.
Copies of Pleadings, Pro-
ceedings, and Documents.
Examinations, Evidence,
and Affidavits.
How much of each General Order is
hereby extended to Hongkong.
The whole of the Orders, except Order
7.
Orders numbered from 7 to 30, both
inclusive; and from 34 to 46, both
inclusive; and Order 48 ; and also
schedules B, C D, and T, to the said
Orders annexed and therein referred
to.
Orders 1 and 2 ; Orders numbered from,
4 to 59, both inclusive; and Order 61 ;
and also the whole of the several
schedules to the said Orders annexed
and therein referred to.
Order 1, articles 1, 2, 3, 4, 6, i, 8, and
9 ; and Orders 2, 3, 4 and 5.
The whole Order, except so much as
provides that copies shall be counted
after the rate of ninety words to the
folio.
The whole of the Orders.
The whole Order, and also the two
schedules thereto annexed and there-
in referred to.
The whole Order.
So much only of the Order as author-
ises proceedings by summons and the
form thereof.
Orders numbered from 1 to 8, both
inclusive; and from 11 to 15, both
inclusive.
Order 1, except the reservations there-
in contained, and also except the prop
vision respecting the counting and
charging for figures.
The whole of the Orders, except Order
11.
~So much as relates to 10 and 11 Viet. c. 90 and orders made thereunder
repealed,
by -Ordinance No. 7 of 1873. ,So much as relates to 8 and 9 Viet. e. 16 ;
15 and 16
Viet. c. 48; 17 and 18 Viet. c. 25 repealed by Ordinance No. 4 of 1887.
338
Title.
Preamble.
Acts of Parliament and Orders in Chancery extended to Hongkong.
To be construed with Ordinance No. 5 of 1856.
The seal of the Court, its Judges, and its officers, to be within the meaning of the extended provisions.
Rules for the interpretation of the extended enactments and orders.
1. Enactments and orders are of equal authority.
2. Subsequent enactments or orders to abrogate preceding ones, in case of apparent repugnance.
3. Except in the case of enactments, &c., relating to masters in ordinary or lunacy.
4. Provisions respecting printed or stamped proceedings to apply to written and
unstamped proceedings.
Supreme Court to make rules &c.
No. 7 of 1856.
An Ordinance to extend to this Colony certain Enactnaents and
General Orders for reforming Procedure in the High Court
of Chancery and the Offices thereof.
[17th March, 1856.]
WHEREAS it is desirable that sundry important reforms in the
administration of equity proceedings be adopted in this Colony :
Be it enacted and ordained by His Excellency the Governor of Hongkong;.
with the advice of the Legislative Council thereof, as follows:-
Subject Subject to the provisions hereinafter contained, the several
enact-
meats of the Imperial Parliament specified in schedule A to this Ordinance
annexed, and also the several orders of the High Court of Chancery of
Great Britain specified in schedule I3 to this Ordinance also annexed;
shall (to the extent in the said two schedules respectively defined, but.
not otherwise) extend to and come into force and effect within this
Colony'
from the tune of the passing of this present Ordinance. [So much as-
relates to ZO and rl TJict. c. 96 and to the General Orders of the High
Court
of Chancery of the 10th ,Tune, 1848, repealed by Ordinance 11'0. 7 of
1878.]
2. This Ordinance and Ordinance No. 5 of 186, entitled 'An
Ordinance for the Amendment of Procedure in Civil and Criminal Cases,'~
shall be so read and construed together as shall best conduce to the
particular effect of each ordinance and of the prow isi.ons thereby
respectiveiy-°
exteilded to this Colony.
ORDINANCE No. i of 1856.
Chancery Procedure.
3. For the purposes of this Ordinance, the words 'Great Seal' in
the said enactments and orders, respectively so extended to this Colony,
'shall be interpreted to include the seal of the Supreme Court of this
Colony,
and all the provisions thereof which respect the Lord Chancellor, or the
Court of Chancery, or any Superior Court of Equity, or any Judge in
England, shell be interpreted to include the said Supreme Court in Equity
and the Judges thereof, and every officer (howsoever designated) of the
said Supreme Court, or Judge thereof having or exercising functions of
the like hind or analagous to the functions of any officers (howsoever
-designated) of the said Lord Chancellor, Court of Chancery, Superior
Courts of Equity, or Judges in England, shall be deemed to be within
the meaning of any of the provisions of such enactments or orders re-
specting such last mentioned officers.
4. In the interpretation of the enactments and orders hereby extended
to this Colony, the following rules shall be observed within the same.
1. The authority and force of an order are equal to the authority
and force of an enactment.
2. Except in the cases specified in division 3 of this section, every
enactment or order which shall appear to be wholly or
partially repugnant to or inconsistent with some previous
enactment or order, shall be deemed to have abrogated the
same pro Onto.
3. Every enactment or order for regulating the performance of
the powers or duties of a master in ordinary or of a master
in lunacy passed or promulgated subsequently to the passing
of the Act of Parliament of the fifteenth and sixteenth years
of the present Queen, chapter eighty, and the promulgation
of the General Orders for giving effect to the same, shall be so
construed as to enable a Judge in Court or in chambers
to exercise and perform the said powers and duties within
this Colony as nearly as circumstances will permit in the
stead of any such masters respectively.
All provisions contained in any enactment or order respecting
the printing, of bills and claims, or portions of bills and
claims, or respecting the stamping or affixing of stamps on
vellum, parchment, or paper to be used in proceedings in
4.
The seal of
the Court, its
Judges, and
its officers, to
be within the
meaning of
the extended
provisions.
Rules for the
interpretation
of the extend-
ed enactments
and orders.
I. Enact.
menu and
orders arc
of equal
authority.
2. Subse-
quent enact-
ments or
orders to
abrogate
preceding
ones,- in case
of apparent
repugnance.
3. Except
in the case
of enact-
ments, &c.,
relating to
masters in
ordinary or
lunacy.
4. Provi-
sions respect-
ing printed or
stamped
proceedings
to apply to
written and
ORDINAhCE - \ o: 7 .or 1856.
Chancery Procedure.
unstalnped
proceedings.
Chancery, are abrogated, and all provisions contained in any
enactment or order respecting the filing copying service, of
effect of any printed or partially printed bill or claim, or an y
proceedings, written, printed, or engrossed on stamped
vellum, parchment, or paper, shall be respectively inter-
preted to apply to bills or claims in writing onto proceed-
ings written on unstamped vellum, parchment, or paper, as
the case may be.
Supreme 6, The Supreme Court is authorised to make and issue such rules.
Court to
make rules or orders for giving effect to this Ordinance as may be found
meet-
&e.
[Amended by Ordinance No. 4 of 1857.]
SLIIEUULE A (ACTS OF hAIiLIA3I$NT) TO WHICH THIS ORDINANCE REFERS.
Date of the Act.
8 cJ Yict. c. 16.
70 ~ 11 Viet, c. 96.
10 & 11 Viet. c. 97.
l I & 12 Viet. c.10.
12 & 13 Viet. c. i4.
12 & 13 Viet. c. 109.
13 a 14 Viet. e. 35.
13 & 14 WA. c. 60.
15 ~ 16 Yict. c.48.
I:i & 16 Viet. c. 55.
Title or Subject matter How far the Act is hereby extended
of the Act. I to this Colony.
The Companies' Clazcses'I
Consolidation Act 1845.
Trustees' Relief.
Discontinuance of the at-
tendance of Masters in
Ordinary in the Public
Office.
Oaths and Declarations
and Affirmations in
Chancery.
Trustees' further Relief.
Offices of the Court of
Chancery.
The Delay and Expense
of Proceedings in Chau-
ceIy.
The Trustee Act 1850.
The Property of I tcna-
tics.
The Trustee Act Exten-
sion Act.
Section r35 (relating to service of
notices, writs, or other proceedings at`
law or in equity).
The whole Act.
So mach of the Act as is unrepealed-by-
any subsequent Act.
So much of the Act as is unropealed by-
any subsequent Enactment.
The whole Act.
Sections 26 to 31, both inclusive (relat--
ing to writs and proceedings).
The whole Act (except section 35,) and
also the schedule to which the Act
refers.
The whole Act (except section 59)*
Section 6 (relating to Receivers).
`Clie whole Act.
ORDINANCE X'o. T.bi?'1856.
Chancery Procedure:
SCHEDULE A,-Continued.
I-low far the Act is hereby extended
to this Colony.
15 & 16 Viet. e. 80.
15 & 16 Viet. c. 36.
16 & 17 vies, e. 70.
16.& 17 Viet. c. 7 8.
16 & 1'T Viet, c. 98:
168~ 17 Viet. c. 137
.Z 7 8f 18 Trio. -c. 25.
17 & 18 Viet. c. 100
Date of the Act.
Title or Subject matter
of the Act.
An Act to abolish the
Office of Master in
Chancery, &c.
The Practice and Course
of Proceeding in the
Court of Chancery.
The Lunacy Regulation
Act 1853.
Oaths in Chancery and
Affidavits.
Relief of Suitors in' Chan-
cery.
The Charitable Trusts'
Act 1853.
Industrial andProvide-n.t
,8'ocieties. e
Dispatch of Business in
the Court of Chancery.
The sections of the Act numbered re-
spectively 1, i, 8, 11, 13, 14, 15, 19;
20, 21, 23, 24. 26, 27, 28, 29, 30, 31,
32, 33, 34, 35, 36, 3i, 39, 40, 42, 43,
and 60, (except so much of any sec-
tion as relates to the junior clerks on
to mode of nominating the convey-
ancing counsel).
The sections of the Act numbered re-
re-
spectively from 2 to 6, both inclusive;
from 10 to 21, both inclusive; from
23 to 29, both inclusive; and from 31
to 62, both inclusive; and section 66;
And also the schedule to which the
Act refers.
Sections 1 and 2 and 38, (except the
words in section 38, 'shall, subject to
the provision hereinafter contained,
be directed' to the Masters or one of.
them ; ') The sections numbered re-
spectivoly from 40 to 49, both inclusive;
section 50, (except the words therein
'in addition to the Masters or one o£
them;') sections 51 and 64 ; The sec-
tions numbered respectively from 55
to 63, both inclusive; from 66 to 70,
both inclusive; from 75 to 89, both
inclusive; from 98 to 100, both in-
clusive ; and from 113 to 139, both
inclusive; sections 145 and 146; and
the sections numbered respectively
from 148 to 151, both inclusive; and
schedules 1 and 3 in the said Act
referred to.
Sections 1, 5 and 6.
Sections 1, 2 and 3.
Sections 18, 28 and 43, (except so much,
as relates to persons authorised by the
Board therein mentioned).
Section 7 (except so much as requires
the registration of the societies therein
mentioned).
Sections 1, 2,,3 and 4.
ORDINANCE No. 7 olr 1856.
Chancery Procedure.
SCHEDULE B GENERAL ORDERS IN CHANCERY,) TO WHICH THIS ORDINANCE REFERS.
Dates or Titles of theSubject Matter of the
General Orders. General Orders.
Order of 17th March,
1843.
Orders of May, 1845.
Order of the 31st
January, 1846.
Order of the 13th
April, 1847.
Orders of the loth
.Tune, 1848.
Order of the 10th
December, 1849.
Orders of the 22nd
April, 1850;
Orders of the 3rd
June, 1850.
Orders of the 2nd
November, 1850.
Orders of the 16th
July, 1851.
Enrolment of Decrees
and Orders.
Practice and Pleading in
Equity.
IIabeas Corpus on taking
Bill pro Confesso.
Amendment.
Trustees Relief Act.
Taxation of a Pauper's
Costs.
Practice and Pleading by
way of claim in Equity.
Itefereneea and Warrants.
Practice as to Exceptions
and Orders of course.
Sales under authority of
the Court.
How much of each General Order is
hereby extended to Hongkong.
The whole, except so much as defines
the amount of office fees.
Order 1 ; Order 4, Article 3 ; Orders
numbered from :11 to 15, both inclu-
sive; Order 16, Articles 1, 3, 4, 10,
13, 14, 15, 16, 17, 18, 19, 32, 33, 34,
35, 3 7, 38, 41, 45, 46 ; Orders num-
bered from 20 to 27, both inclusive;
from 29 to 36, both inclusive; from
43 to 58 both inclusive; and from
63 to 90, both inclusive ; Orders 93,
114, 115, 116, 118 ; and Orders num-
bered respectively from 120 to 128,
both inclusive; and also the Sche-
dules in the said General Orders
referred to and thereunto annexed.
The whole Order.
The Whole Order.
The whole of the Orders.
The whole Order.
Orders 1, 2, 3, 6, 7, 8 and 9; Orders
numbered from ;11 to 18, both inclu-
sive; Orders 20, 21, 22, 24, 25, 26,
28, 29, 31 and 32 ; Order 33 (except
as to charges, allowances, and fees;
payable to solicitors); and Order
35 ; and also schedules A, 13, and C,
to the said Orders annexed .and.
therein referred to.
Orders numbered from 1 to 11, both
inclusive.
Orders 1 and 2 ; and Orders numbered
from 4 to 28, both inclusive.
The whole of the Orders.
ORDINANCE No. ; of '1856.
Chancery Procedure.
Dates or Titles of the
General Orders.
Orders of the 7th
August, 1852.
Orders of the 7th
August, 1852.
Orders of the 16th
October, 1852.
Order of the 26th
October, 1852.
Order of the 10th
November, 1852:
Orders of the 16th
December, 1852.
Order of the 4th
March, 1853.
Order of the 26th
July, 1853.
Order of the 9th
December, 1853.
Orders of the I st
June, 1854. .
Order of the 21st
June, 1854.
Orders of the 13th
January; 1855.
SCHEDULE B,-Continued.
Subject Matter of the
General Orders.
Appeals, Rehearings, and
Enrolments.
Pleading and Practice in
Equity under the la R;
16 Viet. c. 86.
Practice in Judges' Cham-
bers in Equity.
Copies of Proceedings in
Equity. `
Copies of Proceedings
and Documents.
Conveyancing Counsel.
Setting clown adjourned
cause for hearing.
Signing of Orders and
Certificates.
The Charitable Trusts'
Act, 185'.
Practice under the 15 and
16 Viet. c. 86 and c. 87.
Copies of Pleadings, Pro-
ceedings, and Documents.
Examinations, Evidence,
and Affidavits.
How much of each General Order is
hereby extended to Hongkong.
The whole of the Orders, except Order
7.
Orders numbered from 7 to 30, both
inclusive; and from 34 to 46, both
inclusive; and Order 48 ; and also
schedules B, C D, and T, to the said
Orders annexed and therein referred
to.
Orders 1 and 2 ; Orders numbered from,
4 to 59, both inclusive; and Order 61 ;
and also the whole of the several
schedules to the said Orders annexed
and therein referred to.
Order 1, articles 1, 2, 3, 4, 6, i, 8, and
9 ; and Orders 2, 3, 4 and 5.
The whole Order, except so much as
provides that copies shall be counted
after the rate of ninety words to the
folio.
The whole of the Orders.
The whole Order, and also the two
schedules thereto annexed and there-
in referred to.
The whole Order.
So much only of the Order as author-
ises proceedings by summons and the
form thereof.
Orders numbered from 1 to 8, both
inclusive; and from 11 to 15, both
inclusive.
Order 1, except the reservations there-
in contained, and also except the prop
vision respecting the counting and
charging for figures.
The whole of the Orders, except Order
11.
~So much as relates to 10 and 11 Viet. c. 90 and orders made thereunder
repealed,
by -Ordinance No. 7 of 1873. ,So much as relates to 8 and 9 Viet. e. 16 ;
15 and 16
Viet. c. 48; 17 and 18 Viet. c. 25 repealed by Ordinance No. 4 of 1887.
338
Title.
Preamble.
Acts of Parliament and Orders in Chancery extended to Hongkong.
To be construed with Ordinance No. 5 of 1856.
The seal of the Court, its Judges, and its officers, to be within the meaning of the extended provisions.
Rules for the interpretation of the extended enactments and orders.
1. Enactments and orders are of equal authority.
2. Subsequent enactments or orders to abrogate preceding ones, in case of apparent repugnance.
3. Except in the case of enactments, &c., relating to masters in ordinary or lunacy.
4. Provisions respecting printed or stamped proceedings to apply to written and
unstamped proceedings.
Supreme Court to make rules &c.
Abstract
338
Title.
Preamble.
Acts of Parliament and Orders in Chancery extended to Hongkong.
To be construed with Ordinance No. 5 of 1856.
The seal of the Court, its Judges, and its officers, to be within the meaning of the extended provisions.
Rules for the interpretation of the extended enactments and orders.
1. Enactments and orders are of equal authority.
2. Subsequent enactments or orders to abrogate preceding ones, in case of apparent repugnance.
3. Except in the case of enactments, &c., relating to masters in ordinary or lunacy.
4. Provisions respecting printed or stamped proceedings to apply to written and
unstamped proceedings.
Supreme Court to make rules &c.
Title.
Preamble.
Acts of Parliament and Orders in Chancery extended to Hongkong.
To be construed with Ordinance No. 5 of 1856.
The seal of the Court, its Judges, and its officers, to be within the meaning of the extended provisions.
Rules for the interpretation of the extended enactments and orders.
1. Enactments and orders are of equal authority.
2. Subsequent enactments or orders to abrogate preceding ones, in case of apparent repugnance.
3. Except in the case of enactments, &c., relating to masters in ordinary or lunacy.
4. Provisions respecting printed or stamped proceedings to apply to written and
unstamped proceedings.
Supreme Court to make rules &c.
Identifier
https://oelawhk.lib.hku.hk/items/show/98
Edition
1890
Volume
v1
Cap / Ordinance No.
No. 7 of 1856
Number of Pages
6
Files
Collection
Historical Laws of Hong Kong Online
Citation
“CHANCERY PROCEDURE ORDINANCE,” Historical Laws of Hong Kong Online, accessed January 15, 2025, https://oelawhk.lib.hku.hk/items/show/98.