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THE HONGKONG GOVERNMENT GAZETTE, 4TH OCTOBER, 1873.
[7 of 1862, S. 7.]
[Ibid.]
[Fid.]
[[hid, s. 8.]
(1 of 1871,
s. 34.]
[vid, s. 38.]
[Ibid, s. 36.]
[Ibid.]
VI. Except in the Case of the Judge of the Court of Summary Claims for Jurisdiction, no Claims in respect of Compensation for Abolition Abolition of of Office under this Ordinance shall be allowed.
Oflice.
VII. The Seal of the Court of Summary Jurisdiction and all Custody of Seal the Records thereof shall be deposited for Custody in the Supreme and Records. Court.
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VIII. The Supreme Court shall have and use, as Occasion may Additional require, an additional Seal bearing a Device and Impression of the Seal. Royal Arms within an Exergue or Label surrounding the same with the Inscription Supreme Court of Hongkong, Summary Jurisdiction;" and every Writ or other Process issued by the Supreme Court in its Summary Jurisdiction shall be stamped with such Seal.
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 Infaney 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
Right to suc. Twenty-one Years, or by reason of Coverture where the Husband shall not be resident in the Colony.
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 ary 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 on 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 1867 and No. 9 of 1869.
11 of 1807.
XIV. The Term 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 Netice 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 Indorsement to the Effect that the same is admitted, or not admitted, as the Case may be; 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.
XV. The Certificate of the Colonial Treasurer in Actions Form of Certi- brought by him under Ordinance No. 9 of 1869, shall be in the ficate of Form given in the Schedule hereto, or to the same Effect, and the Colonial 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 Colmus in the said Form.
Treasurer
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.
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