THE HONGKONG GOVERNMENT GAZETTE, OCTOBER 28, 1910.
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Kowloon) as the Governor may direct, and in such Court to exercise a summary jurisdiction at law and in equity in all actions or matters where the claim, debt or damages sought to be recovered does not excead the sum of Two hundred dollars and the defendant or defendants is or are residing or carrying on business in any part of the New Territories exclusive of New Kowloon, as defined by sec- tion 3 of this Ordinance, or was or were residing or carry- ing on business at the time when the cause of action arose.
Provided that if both parties in any such action or matter shall agree, by a memoraulum signed by them or duly authentiente I by their marks, the Magistrate may on satisfying himself that the effect of the memorandum is fully understood by the parties, exercise a like jurisdiction where the claim debt or damages sought to be recovered does not exceed the sum of one thousand dollars. Provided always that the judgment of such Magistrate shall not be evidence of title between the parties or their privies in any other action or matter in that Court or in any other Court: and such consent shall not perjudien or affect any right of appeal of either of the parties.
59. All actions for sues not exceeding Two hundred Limitation dollars shall be commenced within three years next after of actions. the cause of action avernes, iniless there has been some contract, acknowledgment, undertaking, or promise to pay in respect thereof by the party to be charged within three years before the commencement of such action.
60. No pe son shall be precluded or exempted from Infancy no suing or being sued for any debt or damages not exceeding bar. Two hundred dollars by reason of his not having attained the full age of twenty-one years.
81. No cause of action which exists at any one time Prohibition amounting in the whole to a sum exceeding Two hundred of splitting dollars shall be split or divided so as to be made the of claims. ground of two or more different actions in order to bring such cases within the jurisdiction of the Magistrate, but if the Magistrate fuds that the plaintiff in any case has split his cause of action as aforesaid, the Magistrate shall dismiss the action, without prejudice, however, to the plain- tiff's right to sue upon the cause of action in such other manner as he may be advised : Provided that if such plaintiff is satisfied to recover a sam uot exceeding Two hundred dollars, then the Magistrate shall and may enter- tain the action of such plaintiff, and in case any order is made in favour of such plaintiff, the same shall be ex- pressed to be, and shall be, in full discharge of the whole cause of action.
02. It shall be lawful for the Magistrate before whom a Appointment claim under Part III of this Ordinance is heard to appoint of person to from time to time any fit person or persons to excente any execute process of the Court in respect of such claim.
process.
63. Any goods or chattels seized under a Distress War- Goods seized rant issued by the authority of a Magistrate in respect of may be sold any claim under Part III of this Ordinance may be sold at or near by the Bailiff or other Officer executing such warrant at
place of seizure. or near the place of the seizure of such goods.
64. Where a claim shall be made to or in respect of Claims in property taken in execution under Part III of this Or- respect of dinance by any person other than the party against whom property such execution issued, such claim shall be heard and deter- seized. mined by the Magistrate upon a summons calling before him as well such claimant as the party on whose behalf such execution issued and the decision of the Magistrate upon such claim shall be final.
65. No action or proceeding for sums not exceeding two Exclusive hundred dollars which might be brought under Part III of jurisdiction. this Ordinance before a Magistrate shall be brought in the Summary Jurisdiction of the Supreme Court unless by the leave of the Magistrate or with the consent of the defendant.
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