THE HONGKONG GOVERNMENT GAZETTE, 6TH MAY, 1871..
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.
and not ex-
XL. Whenever an Action shall be commenced against any Parties in Person in the Supreme Court which might have been commenced Actions in the Court of Summary Jurisdiction, but for the Sum in Dis- above $500 pute exceeding Five hundred Dollars, or whenever any Person ceeding $2,000 shall have a Claim or Demand which he is unable to enforce may apply for by Action in the Court of Summary Jurisdiction by reason only Summary that the Sum in Dispute exceeds Five hundred Dollars, it shall Trial before be lawful for either of such Persons, provided the Sum in Dis- Justice. pute shall not exceed Two thousand Dollars, to apply to the Chief Justice at his Chambers in the Supreme Court for a Summons to the Defendant to show Cause why such Action should not be tried summarily before the Chief Justice in the Supreme Court with or without a Jury.
the Chief
Justice.
XLI. 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 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.
XLII. Upon the Trial of every such Action the following Rules for such Rules shall be observed:-
1. The Action shall be entitled in the Supreme Court "For Summary Trial" and shall be commenced by the Or- dinary Writ of Summons of the Supreme Court.
2. The Parties, if they shall not appear in Person, shall ap- pear by Counsel except by special Leave of the Chief Justice.
3. The Chief Justice may, on the Application of either Party on Summons at Chambers, frame Issues of Law and of Fact for the better Trial and Determination of the Cause. 4. The Chief Justice may, on the Application of either Party on Summons at Chambers, if he shall think fit, direct that a Jury be empanelled for the Trial of any Issues of Fact arising in the Action, and all the Provisions of the Law in Force for the Time being in relation to Juries shall be deemed to apply to the Trial of such Actions. 5. The Fees of Counsel and Attorney in every such Action shall be liable to Taxation by the Registrar of the Su- preme Court, and shall as between Party and Party be calculated according to the Scale provided in the Fourth Schedule to this Ordinance.
Trials.
6. It shall be lawful for the Chief Justice in Addition to the Powers contained in Section XI of the Principal Ordinance to divide or apportion the Costs between the Parties or to order the same to be paid by such Party in such Manner and at such Times as he shall in his Discretion think fit. 7. The Chief Justice may exercise in relation to every such Action, all the Powers and Authorities which are vested in the Judge of the Court of Summary Jurisdiction upon the Trial of Actions in the last ir entioned Court. PROVIDED ALWAYS that it shall be lawful for the Chief Justice Chief Justice from Time to Time, by any Order to be approved by the Legisla- may make tive Council, to frame Rules for the Trial of all such Actions and to Rules, and alter and amend the same and to vary the Scale of Costs contained of Costs.
vary Scales in the Fourth Schedule to this Ordinance.
XLIII. Section XXXIV of the Principal Ordinance shall not Chief Justice apply to the Trial of any such Action.
must preside.
Costs.
where
XLIV. If any Action, which might have been tried and Consequences determined by the Court, shall have been commenced in the Supreme of not Court, the Plaintiff if successful shall not be entitled by Reason proceeding in thereof to any Costs unless the Chief Justice shall certify that the the Court Case was a fit and proper one to be commenced in the Supreme practicable. Court: Provided always that nothing herein contained shall apply Proviso. to Proceedings commenced in the Supreme Court by the Attor- ney General on Behalf of the Crown.
XLV. The Fee of Counsel, if allowed, shall as between Party Fees of and Party be Twenty-five Dollars and no more, and the Scale of Counsel, Fees contained in Schedule 2 of the Principal Ordinance shall, Attorneys, &c. notwithstanding the Repeal hereinbefore contained of Section XVIII thereof, remain in Force, except so far as it relates to Fees of Attornies, which last mentioned Fees shall be regulated in Accordance with the Scale contained in the Third Schedule to this. Ordinance.
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