SUPPLEMENT TO THE HONGKONG GOVERNMENT GAZETTE, 27TH SEPT., 1873. 459
*
[7 of 1862, 8. 7.]
[Ibid.]
[Ibid.]
[Ibid, s. 8.]
[1 of 1871,
6. 34.]
[Ibid, s. 38.]
[Ibid, s. 36.]
[Ibid.]
[Ibid, s. 37.]
[Ibid, s. 35.]
Summary Jurisdiction at Law.
IX. It shall be lawful for the Supreme Court to exercise a Sum- Legal Claims. mary Jurisdiction at Law in all Suits where the Claim, Debt, or Damages sought to be recovered do not exceed the Sun of One thousand Dollars, and in all Suits for the Recovery of the Posses- sion of Tenements where the Annual Rent or Value thereof shall not exceed the said Amount.
X. All Suits for Sums not exceeding One thousand Dollars Limitation of shall be commenced within Three Years next after the Cause of Suits. Action shall accrue, unless there has been some Contract, Ac- knowledgment, Undertaking, or Promise to pay in respect thereof by the Party to be charged within Three Years before the Com- mencement of such Suit.
XI. No Person shall be precluded or exempted from suing or Infancy or being sued for any Debt or Damages not exceeding One thousand Coverture no Dollars by reason of his not having attained the full Age of Bar to the Twenty-one Years, or by reason of Coverture where the Husband shall not be resident in the Colony.
Right to sue.
XII. No Cause of Action which shall exist at any one Time Claims not to amounting in the whole to a Sum exceeding One thousand Dollars be split. as aforesaid, shall be split or divided so as to be made the Ground of two or more different Actions in order to bring such Cases within the Summary Jurisdiction of the Court, but if the Court shall find that the Plaintiff in any Case shall have split his Cause of Action as aforesaid, the Court shall dismiss the said Action without Prejudice, however, to the Plaintiff's Right to sue upon the Cause of Action in such other Manner as he may be advised: Provided that if such Plaintiff shall be satisfied to recover a Sum not exceeding One thousand Dollars, then the Court shall and may entertain the Action of such Plaintiff, and in Case any Order shall be made in Favor of such Plaintiff, the same shall be expressed to be, and shall be, in full Discharge of the whole Cause of Action.
Crown Suits.
Crown.
XIII. Whenever a Cause of Action under any Contract entered Suits under into in relation to any Department of the Public Service, in which $1,000 by and the Sum sought to be recovered shall not exceed One thousand against the Dollars shall accrue to the Crown against any Person, or whenever any Person shall have a Claim against the Crown under any such Contract, the Chief Officer of such Department may sue and be sued or Behalf of the Government in respect of such Cause of Action or Claim in and by his official Capacity and Designation: Provided always that no such Suit shall be commenced without the Consent of the Attorney General, and that nothing herein contained shall affect any other Remedy in respect of such Cause of Action or Claim.
Ordinances No. 11 of 1807 and No. 9 of 1869.
11 of 1867.
XIV. The Terin of Ten Days within which Claims for a Refund Provision as to of Rates may be filed under Section V of Ordinance No. 11 of Section 5 of No. 1867, is hereby extended to Fifteen Days, and in Proceedings under the said Section for a Refund of Rates, it shall no longer be necessary to give Notice to the Colonial Treasurer of the Filing of the Petition as therein provided, but every such Petition shall be referred by the Court to the Colonial Treasurer, who shall thereupon examine into the Correctness of the Claim and return the same to the Court with an Endorsement to the Efect that the same is admitted, or not admitted, as the Case may he; and in Case the Claim shall not be admitted, the Colonial Treasurer, or some Person on his Behalf, shall appear in Opposition thereto on such Day as the Court shall appoint.
Colcuial
XV. The Certificate of the Colonial Treasurer in Actions Form of Certi- brought by him under Ordinance No. 9 oi 1869, shall be in the ficate of Form given in the Schedule hereto, or to the same Effect, and the Treasurer Nature and Particulars of the Claims, which are required to be set under Ordi- forth, shall comprise the several Matters specified at the Head of nauce No. 9 the different Columns in the said Form.
of 1869.
XVI. In Suits for the Recovery of Crown Rent, the Certificate Certificate for shall be signed by the Surveyor General as well as by the Recovery of Colonial Treasurer.
Crown Rent.
1869.
XVII. The Colonial Treasurer may, with the Approval of the Special Bailiff Court, appoint a Special Bailiff for the Service of Sunamonses, under Ordi- Subpoenas, and other Process in Proceedings under Ordinance No. nance No. 9 of 9 of 1869, and such Special Bailiff shall have, in respect of such Proceedings, the like Powers and be entitled to receive the same Fees for the Service of Process therein, as the Bailiff of the Court.
XVIII. The Provisions of Section XII shall not apply to Pro- Splitting of ceedings under Ordinance No. 9 of 1869.
Summary Jurisdiction in Equity.
Claims.
XIX. It shall be lawful for the Supreme Court to exercise a Equitable Summary Jurisdiction in Equity in the Saits or Matters hereinafter Claims. mentioned, that is to say :-
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