Right or
THE HONGKONG GOVERNMENT GAZETTE, 29тп MARCH, 1862.
of Office or other Matter where Rights in futuro may be bound, nor to any general Duty: Provided also, that the said Court shall not have power to hear or Matter or Question, which arose more than Three Years before the hear- determine any ing thereof, unless there has been some Contract, Acknowledgment, Undertaking, or Promise to pay in respect thereof by the Party to be charged within Three Years be- fore the filing of the Plaint: Provided also, that no Party shall be precluded or exempted from suing or being sued in the aforesaid Suminary Jurisdiction by reason of his or her not having attained the full age of Twenty-one Years or by reason of Coverture where the Husband shall not be resident within the said Colony of Hongkong.
97
No Cause of Action
VIII. No Cause of Action or Complaint which shall exist at any one Time, amount- ing in the whole to a Sum exceeding Five Hundred Dollars as aforesaid, shall be split to be split. or divided so as to be made the ground of two or more different Actions or Com- plaints, in order to bring such Cases within the Summary Jurisdiction created by this Ordinance; but if the Judge of the Court of Summary Jurisdiction shall find that the Plaintiff in any Case shall have split his Cause of Action or Complaint as aforesaid, he shall dismiss the said Action or Complaint with the ordinary Costs of a Dismissal, without Prejudice however to the Plaintiff's Right to sue upon such Cause of Action or Complaint in such other Manner as he may be advised: Provided that if such Plaintiff shall be satisfied to recover a Sum not exceeding Five Hundred Dollars, in full of the whole of his Demand, then the said Judge shall and may entertain the Complaint of such Plaintiff, and in case any Order shall be made in favour of such Plaintiff, the same shall be expressed to be, and shall be, in full Discharge of the whole of such Demand.
IX. Except by consent or by leave of the Court, no Cause or Matter within the Notice of Action, and Summary Jurisdiction shall be set down for hearing before at least two clear days from Special Defences! the service of the Summons where the sum claimed shall be more than Fifty Dollars, nor before twenty-four hours where the sum claimed shall be Fifty Dollars or less than that sum. And, except by consent or by leave of the Court, it shall not be competent to the Defendant to enter into any Special Defence such as Set off" "illegality of consideration," or the "Statute of limitations," unless at least twelve hours' written notice thereof has been first given to the Plaintiff or his Attorney.
"want
Respondendum may
X. The Judge of the Court of Summary Jurisdiction shall have authority to issue Writs of Capias ad Writs of Capias ad Respondendum in respect of Claims exceeding Fifty Dollars, and be issued as in Su- not exceeding Five Hundred Dollars, and shall have all such Powers and Authorities preme Court. as to such Writs as before the passing of this Ordinance were vested in the Chief Justice by virtue of Ordinance No. 6 of 1845, and the Forms of Procedure heretofore in use in the Supreme Court as to such Claims shall be adopted by the Court of Summary Ju- risdiction, with such Alterations as the Judge of such Court shall deem proper. Fees of Court and Costs, in respect of such Proceedings, shall be the same as are at present allowed.
The
XI. It shall be lawful for the Judge of the Court of Summary Jurisdiction to award Costs.
· Costs in all Actions or Complaints as he may think proper; and also to allow such reasonable Sum or Sums of Money for the Attendance and Loss of Time of Parties and Witnesses as he the said Judge shall think fit.
ments not exceeding
able in the Court of
fuse to give posses-
Summons,issue a War-
XII. When the Term and Interest of the Tenant of any Lands or Tenements where Possession of Tene- the Value of the Premises or the Rent payable in respect of such Tenancy did not exceed Five Hundred Dollars the annual Value of Five Hundred Dollars, shall have ended or shall have been duly per Annum, recover- determined by a legal Notice to quit, and if such Tenant or Occupier of the same or any Summary Jurisdiction. part thereof shall neglect or refuse to quit and deliver up possession of the Premises or part thereof respectively, it shall be lawful for the Landlord or his Agent to enter a Plaint in the said Court, and thereupon a Summons shall issue to the Person so neglect. ing or refusing; and if the Tenant or Occupier shall not thereupon appear at the Time If Tenant, &c., ne- and Place appointed and show Cause to the contrary, and shall still neglect or refuse to gleet to appear or re- deliver up possession of the Premises to the Landlord or his Agent, and pay the Costs sion, Court may, on incurred, it shall be lawful for such Landlord or Agent to give Proof to the Court of the proof of Service of holding, and of the end or other determination of the Tenancy, with the Time or Manner rant to enforce the thereof, and, where the Title of the Landlord has accrued since the letting of the same. Premises, the Right by which he claims the possession; and upon Proof of Service of the Summons and of the neglect or refusal of the Tenant or Occupier, the Court may issue a Warrant to the Bailiff of the said Court requiring and authorizing him, within not less than Seven or more than Ten clear Days from the Date of such Warrant to give possession of the I'remises to such Landlord or Agent; and such Warrant shall be a sufficient Authority to such Bailiff to enter upon the Premises with such Assistants as he shall deem necessary, and to give possession accordingly: Provided that no such Entry be made on a Sunday, Good Friday, or Christras Day, or except between the Hours of Nine in the Morning and Four in the Afternoon.