DROIT
THE HONGKONG
Government Gazette.
Published by Authority.
VICTORIA, SATURDAY, 8TH APRIL, 1871.
VOL. XVII.
No. 14.
No. 56.
GOVERNMENT NOTIFICATION.
The following additional Clauses and Schedule, which it is proposed to insert in the Summary Jurisdiction Court Ordinance now before the Legislative Council, are published for general information.
By Command,
Colonial Secretary's Office, Hongkong, 8th April, 1871.
Trials before a Jury.
J. GARDINER AUSTIN, Colonial Secretary.
order Action
It shall be lawful for any Person against whom any Ac- In certain tion shall be commenced in the Court of Summary Jurisdiction to Cases Chief apply to the Chief Justice at his Chambers in the Supreme Court Justice may for a Summons to the Plaintiff to show Cause why such Action commenced in should not be tried before a Jury, and on the Hearing of such the Court to Summons it shall be lawful for the Chief Justice, if it shall appear be tried before to him expedient so to do, to order that such Action be tried him with a
Jury. before the Chief Justice and a Jury under the Provisions here- inafter contained as to the Summary Trial of Actions before the Chief Justice in Cases where the Sum in Dispute exceeds Five hundred Dollars, but does not exceed Two thousand Dollars, and the Costs of such Application, and of the Trial of such Action shall be liable to Taxation by the Registrar of the Supreme Court in accordance with the Scale provided in the Fourth Schedule to-
this Ordinance.
Summary Trials before the Chief Justice.
Actions
and not ex-
Whenever any Person shall have a Claim or Demand Plaintiff in which he is unable to enforce by Action in the Court of Summary above $500 Jurisdiction by reason only that the Sum in Dispute exceeds Five hundred Dollars, it shall be lawful for such Person, provided the ceeding $2,000 Sum in Dispute shall not exceed Two thousand Dollars, to apply may apply for to the Chief Justice at his Chambers in the Supreme Court for a summary Summons to the Defendant to show Cause why such Action should Trial before not be tried summarily before the Chief Justice under the Provi- Justice. sions of this and the Principal Ordinance.
the Chief
If it shall appear to the Satisfaction of the Chief Jus- Order thereon tice on the Hearing of such Summons, that the Sum in Dispute in Discretion does not exceed Two thousand Dollars it shall be lawful for the of Chief Justice. Chief Justice in his Discretion to order that such Action shall be tried before him accordingly: Provided always that the Chief Justice may also at any Time before Judgment rescind such Order upon such Terms as to Costs or otherwise as he shall think fit.
Upon the Trial of every such Action the following Rules for such Rules shall be observed:-
•
1. The Action shall be entitled in the Court of Summary Jurisdiction, and shall be commenced in the same Manner as other Actions in the Court, but the following Heading, shall be entered in the Summons: "For Summary Trial before the Chief Justice."
2. The Parties shall appear by Counsel except by special
Leave of the Chief Justice.
3. The Chief Justice may frame Issues of Law and of Fact for the better Trial and Determination of the Cause.
Trials.