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Incorporation with former Ordinances.

Except in case of illegal Works, &c. any Complainant may be heard.

Costs may be given.

English Law of
Nuisances to

come in Force
within this
Colony.

Orders, &c. of the Board of Health.

Saving as to Acts done or sanctioned by lawful Authority.

Chinese Burials and Prevention of Nuisances.

any such Nuisance or Offence, or of having neglected or refused to perform any Duty cast upon him by Law for the Prevention or Repression of the same, the said Court or Justices shall find the said person guilty of the said Nuisance or Offence, and shall award against him the Penalty or other Punishment to which Persons guilty of the said Nuisance or Offence are or shall be liable.

IX. This Ordinance shall be read together with the Ordinances enumerated in Section One, and shall be incorporated therewith.

X. All summary Proceedings under this Ordinance, or the said enumerated Ordinances, (except Proceedings under Ordinance No. 8. of 1856, Sections Two to Nine, both inclusive) may be had upon the Information of any Complainant; but the Disposal of Materials of Nuisances, of Building Materials, and of Utensils under Sections Seventeen and Nineteen of the last-mentioned Ordinance, shall be at the absolute Discretion of the Surveyor General.

XI. The Court, or Justices before whom any Proceedings. whatsoever shall be had under this Ordinance or the said enumerated Ordinances, may award Costs and Expenses to be paid by any Offender upon Conviction, and to enforce Payment thereof by any of the Ways and Means prescribed by Ordinance No. 8. of 1856, in respect of Penalties.

XII. All Nuisances prohibited by the Laws for the Time being in Force within England, are equally prohibited within this Colony, and may be abated and punished according to the Provisions of this Ordinance and the said enumerated Ordinances; but notwithstanding this or any other Ordinance against Nuisances now in Force or hereafter to come in Force, all Remedies compatible therewith for the Prevention, Abatement, or Punishment of, or the Compensation for, Nuisances which are or shall be at any Time in Force within England, shall, until express Provision be made to the contrary, extend to and be enforced within this Colony likewise.

XIII. Such of the Orders and Regulations of the General Board of Health established in London under Authority of the Acts of Parliament for the Protection of the Public Health, or any of them, as shall be from Time to Time by the Governor in Executive Council determined and notified, with such Modifications thereof respectively as His Excellency in Council shall think fit to adopt, shall for such Time and to such Extent or with such Modifications as shall be so notified, extend to, and be enforced within this Colony under the Authority of this Ordinance.

XIV. Nothing contained in this Ordinance, or in any of the Ordinances herewith incorporated, shall operate to the Restraint or Punishment of any Act or Thing done under lawful Authority or sanctioned by the same, yet so as that in every Case the Proof of such lawful Authority shall lie upon the Person alleging the

same.

Admission of Practitioners in Court.

No. 13. OF 1856.

An Ordinance for the Admission of Candidates to the Rolls Title. of Practitioners in the Supreme Court, and for the Taxa

tion of Costs.

[21st June, 1856.]

WHEREAS by Ordinance No. 6. of 1845, any Person soever Preamble.

have served for a Period of Three Years as an

'Articled Clerk to any Solicitor, Attorney, or Proctor, actually 'practising as such within this Colony, or who shall have been admitted as a Solicitor, Attorney, or Proctor, in any other 'British Colony, is qualified to be approved, admitted, and enrolled

'by the Supreme Court to practise as a Solicitor, Attorney, and Ordinance No. 'Proctor in the said Court, and that as fully and freely as if he 6. of 1845. had been duly admitted as a Solicitor, Attorney, Writer, or 'Proctor in the several Courts of Great Britain and Ireland re'spectively: And whereas no Provision hath been made for the 'Examination of the said Persons before such Approval, Admission, ' and Enrolment: And whereas it is expedient to make Provision ' in that Behalf, and also to extend the Benefit of the said recited 'Provisions to other duly qualified Persons who shall be so found by the Persons conducting such Examination: And whereas it is ' also expedient that further Provision be made for the Taxation of 'Costs in all cases: Be it therefore enacted by His Excellency the Governor of Hongkong, with the Advice of the Legislative Council thereof, in Manner following, that is to say :

I. From and after the passing of this Ordinance, any Person Qualifications who shall have actually, exclusively, and bonâ fide served for the of Candidates. period of Three Years or upwards (whether computed from any Time previous or from any Time subsequent to the passing of this Ordinance,) as Registrar, Deputy Registrar, Clerk of the Supreme Court, or of a Judge thereof, Clerk to the Attorney-General, or Interpreter to the said Court, or as a Clerk of the Peace, or as an Articled Clerk to any actually practising Attorney, Solicitor, or Proctor of the said Court, or for any one Portion of the said Period in some one of the said Capacities, and for the Residue thereof in some other or others of them, but not in Two or more of them at the same Time, or who shall have been duly admitted as an Attorney, Solicitor, or Proctor in any other of Her Majesty's Colonies, shall be eligible for Admission to practise as an Attorney, Solicitor, and Proctor of the said Supreme Court, but only upon the Conditions herein-after specified.

a Barrister, or

II. In the Fourth Term of the present and every Succeeding The Court to Year, the Attorney-General, a Barrister, or Registrar of the appoint the AtSupreme Court, of this Colony and Two actually practising torney-General, Attornies of the said Court shall be by Rule of Court appointed Registrar of to be the Examiners for the then next ensuing Twelve Months, into the Supreme the Fitness of Candidates of the Classes described in Section One Court, with for Admission to practise as Attornies, Solicitors, and Proctors, under this Ordinance. And the said Examiners, or any Two of them, of whom the said Attorney-General, Barrister, or Registrar shall be one, shall, at such reasonable Times as the said Court shall appoint and notify, proceed to examine into the Fitness of the

Two Attornies, to be Examin.

ers.

Written
Answers.

Admission of Practitioners in Court.

said Candidates in that Behalf, having due Regard unto their Character, Conduct, Learning, and Length and Assiduity of Service, and their other Credentials, and conforming themselves so far as may be practicable to the Regulations by which the Examinations of Candidates for Admission to practise as Attornies and Solicitors of the Courts of Westminster are governed and directed.

III. Such Questions as are propounded in Print or in Writing to the said Candidates by the Examiners in that Behalf, shall be answered in Writing.

Certificate of IV. The Examiners shall certify the Result of every such the Examiners. Examination to the Supreme Court within One Week from the Completion of the said Examination. And every such Certificate shall be in Writing signed by the Examiners, or any two of them of whom the said Attorney-General, Barrister, or Registrar shall be one, and shall state to the Effect that the Examiners, or the Majority of them, find that the Candidate is or (as the Case may be) is not fit to act as an Attorney, Solicitor, and Proctor of the Supreme Court, or (as the Case may be) that the Examiners have not been able to come to any Finding as to his Fitness in that Behalf.

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V. If the Examiners, or the Majority of them present at the Examination, find that the Candidate is fit, he shall be admitted to practise accordingly; but if they, or the said Majority, find that he is not fit, or come to no Finding, he may, on his Petition to the Supreme Court, be heard in support of his Qualification and claim to such Admission. And if the said Court shall grant the Prayer of such his Petition, he shall be admitted accordingly, notwithstanding any such Finding or Want of Finding as aforesaid.

VI. Except in Cases where the Court on special Application shall give Leave to the contrary, no Admission shall be granted, whether upon such Certificate, or such Petition, as aforesaid, after the Expiration of One Month from the Date of the Return of the Certificate or (as the Case may be) the Date of the Order made upon the Petition.

VII. No Person bonâ fide domiciled within this Colony, and who shall comply with the Provisions of this Ordinance, shall be disqualified from obtaining such Admission as aforesaid merely by reason of Alienage, or that he is by birth a Chinaman.

VIII. The Provisions aforesaid shall not in any way affect the Right of such Persons as shall have been admitted as Attornies, Solicitors, or Writers in one of the Courts at Westminster, Dublin, or Edinburgh, or as Proctors in an Ecclesiastical Court in England, to be admitted to practise in the said Supreme Court as Attornies, Solicitors, and Proctors thereof.

IX. Every Person soever who from henceforward shall be admitted to practise as Attorney, Solicitor, or Proctor, whether under this Ordinance or not, shall, on such admission, pay to the Registrar, or Deputy Registrar of the Supreme Court for the Use of the Crown the Fee of Fifty Dollars, and shall take and subscribe all such Oaths or Affirmations as are appointed by the Acts of Parliament for the Time being in Force in England for Regulating

the

Admission of Practitioners in Court.

the Admission of Persons to practise in the profession of Attorney or Solicitor;-every Jew or Heathen who shall take the Oaths omitting the words "on the true Faith of a Christian," and taking the said Oaths according to his own Conscience.

X. The Jurisdiction of the Supreme Court, in Removing or Striking off the Striking off the Names of Barristers, Attornies, Solicitors, Rolls. Proctors, or Interpreters from the Rolls of the said Court, is not affected by this Ordinance.

XI. So much of the Act of Parliament passed in the Sixth and Seventh Years of Her present Majesty, Chapter Seventy-three, Sections Four, Five, Twenty-eight, Twenty-nine, Thirty-two, Thirty-seven, Thirty-eight, Thirty-nine, Forty, Forty-one, and Forty-three, as relates to the Competence of Attornies or Solicitors to have Clerks bound by Contracts under Articles, the Discharge of such Contracts, Service under such Contracts when made with disabled or disqualified Persons, the Time for making Applications for striking off the Roll Persons admitted and enrolled erroneously but without Fraud, the Agency of Attornies or Solicitors for disqualified Persons, the Delivery, Reference, and Taxation (whether before Payment or after) of Bills of Fees, Charges, and Disbursements for any Business done by Attornies or Solicitors, Applications of parties and Orders of Court for Delivery and Reference in such Cases, and for Delivery up of Deeds, Documents, or Papers, Certificates of Taxation and entering up of Judgments, and the Conditions on which Actions or Suits may be commenced or maintained by Attornies or Solicitors for the Recovery of any Fees, Charges or Disbursements, shall, from the passing of this Ordinance (but subject to the Provisions herein-after contained) extend to this Colony, and to all Business now being done or to be hereafter done within the same.

XII. If any Person shall be desirous of obtaining, under Section Eleven, the Taxation of a Bill of Fees, Charges, or Disbursements, for any Business whatsoever done by an Attorney, Solicitor, or Proctor, whether in an Action or Suit or not in an Action or Suit, nor relating thereto, it shall not be necessary for the said Person to apply to the Supreme Court for any Order in that Behalf; but he shall be at Liberty (if he think fit) to refer such Bill of his own Authority to the Registrar or other Taxing Master of the said Court, who shall thereupon proceed to tax the same in like Manner as he would have done under an Order of Reference for that Purpose in Conformity with the Imperial Enactments, which by Section Eleven are extended to this Colony in Manner aforesaid.

XIII. Any Person not duly admitted as Attorney, Solicitor, or Proctor of the said Supreme Court, who shall either directly or indirectly practise or act within this Colony as an Attorney, Solicitor, or Proctor, shall for every such Offence forfeit and pay to the Crown a Sum not exceeding Two Hundred Dollars, nor less than Fifty Dollars, to be sued for and recovered by the AttorneyGeneral by Action at Law in the Supreme Court.

K 2

No. 14.

Extension of the 6 & 7 Vict. 28, 29, 32, 37, 38, 39, 40, 41, and 43.

c. 73, ss. 4, 5,

Taxation may be had without ference.

Order of Re

Penalty on Persons unlawfully practising or acting as Attornies, &c.

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Court Fees not

to exceed the Rates in the

First Schedule.

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Fees and Costs.

No. 14. OF 1856.

An Ordinance for Fees and Costs.

[31st July, 1856.]

HEREAS no Provision hath been hitherto made by the W Legislature of this Colony for the ascertaining of Court and other Fees and Costs in Equity Proceedings, and some of the 'said Fees, as hitherto levied, are illegal: And whereas the late Reformation in Procedure at Law, and in Equity, and Practice in general, maketh further Legislation with respect to Fees, 'Costs, and Taxation desirable :'

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Be it enacted by His Excellency the Governor of Hongkong, with the Advice of the Legislative Council thereof, as follows:

I. The Three Schedules to this Ordinance annexed shall be deemed to be incorporated therewith, and (except where otherwise expressed) shall be interpreted in Manner following, that is to say: The First and Third Schedules respectively, as relating exclusively to Proceedings on the Equity side of the Supreme Court of Hongkong, or to Business done or to be done in the Practice of Conveyancing: And the Second Schedule, as relating to all Proceedings whatsoever at Law or in Equity in the said Court, not being Proceedings before the Summary Jurisdiction thereof, nor Proceedings by way of Appeal in Rating Cases ;-and also to Business done or to be done in the Practice of Conveyancing :-Yet so as that, where any of the Particulars in the said Three Schedules severally entered shall appear to be thereby respectively extended to other Matters or Occasions, or limited to some special Matters or Occasions, the same shall be so interpreted accordingly.

*

II. From and after the passing of this Ordinance it shall not be lawful to ask or receive, in respect to any Proceedings in Equity or Conveyancing Business, any Fees or Payments of Court or of Office other than according to the Rates and Conditions in the said Schedule expressed. [Residue of Section repealed.]

III. The Rates, Conditions, and Limitations, contained in the said Costs, &c. not Second and Third Schedules respectively, shall be strictly obeyed and enforced at the Taxation of Costs and Charges; and no Allowance shall be granted of any Costs or Charges otherwise than in Conformity to the said Rates, Conditions, and Limitations respectively.

to exceed the Rates in the Second and Third Schedules.

One uniform

Rule of Taxation.

Discretion as to Counsel's Fees in Summary Jurisdiction or Magis.

trates Courts.

IV. The Distinctions of Costs as between Party and Party, and of Costs as between Attorney, or Solicitor, or Proctor, and Client, are henceforward abolished at Law, in Equity, and elsewhere; and all Costs and Charges hereafter to be taxed shall be taxed upon one uniform Scale, and according to the same Conditions, and without regard to the Distinctions aforesaid. [Residue of Section repealed.] V. Repealed.

VI. Repealed.

VII. The allowance of Fees payable to Barristers for attending for the Plaintiff or Defendant before the Summary Jurisdiction of the Supreme Court, or for any Party in a Civil or Criminal Proceeding before any Magistrates or Justices in or out of Sessions,

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