190 ·
THE HONGKONG GOVERNMENT GAZETTE, 6TMп MAY, 1871.
a
Costs of the Defendant should a Verdict be not found for the remited to the Plaintiff, and thereupon the Chief Justice shall have Power to Const of make an Order that unless the Plaintiff shall within a Time to be Summary therein mentioned give full Security for the Defendant's Costs to
Jurivdim by the Cler the Satisfaction of the Registrar of the said Court, or satisfy the user, Chief Justice that he has à Cause of Action fit to be prosecuted in the Supreme Court, all Proceedings in the Action shall be stayed or in the Event of the Plaintiff being unable or funwilling to give such Security or failing to satisfy the Chief Justice as aforesaid, that the Cause be remitted for Trial before the Court of
Summary Jurisdiction; and thereupon the Plaintiff shall lodge the Original Writ and the Order with the Clerk of the last mentioned Court, who subject to the Order of the Judge shall appoint a Day for the Hearing of the Cause, Notice whereof shall be sent by the Clerk to both Parties or their Attornies; and the said last-mentioned Court shall have all the same Powers and Jurisdiction with respect to the Cause as if the Sum in Dispute did not exceed Five hundred Dollars, and the action had been originally commenced in the said Court, and the Costs of the Parties in respect of the Proceedings subsequent to the Order of the Chief Justice shall be allowed according to the Scale of Costs in Use in the Court of Summary Jurisdiction, and the Costs of the Proceedings in the Supreme Court shall be allowed according to the Scale in Use in such latrer Court.
Crown Suits and Refund of Rates.
Crown.
XXXIV. Whenever a Cause of Action under any Contract Suits under entered into in relation to any Department of the Public Service, $200 by and in which the Sum in Dispute shall not exceed Five hundred 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.
XXXV. Section VIII of the Principal Ordinance, as to the Provisions as Splitting of a Cause of Action or Demand shal not apply to
to splitting Proceedings under Ordinance No. 9 of 1869, or under the last.
Derains not to apply to preceding Section.
Crown Suits.
XXXVI. The Certificate of the Colonial Treasurer in Actions Form of brought by him under Ordinance No. 9 of 1869, shall be in the Form Certificate given in the Second Schedule hereto or to the same Effect and the under Ordi- Nature and Particulars of the Claims, which are required to be set
nance No. 9 forth, shall comprise the several Matters specified at the fead of
of 1869. the different Columns in the said Form; and in Suits for the Recovery of Crown Rent the Certificate shall be signed by the Surveyor General as well as by the Colonial Treasurer.
XXXVII. The Colonial Treasurer may with the Approval of the Special Judge appoint a Special Bailiff for the Service of Suminorses, Bailiff under Subpoenas and other Process in Proceedings under Ordinance No. Ordinance 9 of 1869, and such Special Bailiff shall have in respect of such No. 9 of 1860. Proceedings the like Powers and be entitled to receive the same Fees for the Service of Process therein as the Bailiff appointed
under the Principal Ordinance.
for Refund of
XXXVIII. The Term of Ten Days within which Claims for a Amendment Refund of Rates may be filed under Section V of Ordinance No. of Proceedings 11 of 1867 is hereby extended to Fifteen Days, and in Proceedings Rates under under the said Section for a Refund of Rates, it shall no longer Ordinance be necessary to give Notice to the Colonial Treasurer of the Filing No. 11 of 1867. 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 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.
Trials before a Jury.
Justice may order Action
XXXIX. It shall be lawful for either Party, in any Action in certain commenced in the Court of Summary Jurisdiction to apply to the Cases Chief Chief Justice at his Chambers in the Supreme Court for a Summons to the other Party to show Cause why such Action should not be commenced in tried before a Jury, and on the Hearing of such Summons it the Court to shall be lawful for the Chief Justice, if it shall appear to him be tried before expedient so to do, to order that such Action be tried in the him with &. Supreme Court before the Chief Justice and a Jury under the Provisions hereinafter contained as to the Summary Trial of Ac- tions before the Chief Justice in Cases where the Sum in Dispute exceeds Five hundred Dollars, but does not exceed Two thousand
Jury,
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