100
Appeal.
Actions against Officers, &c.
General Issue.
THE HONGKONG GOVERNMENT GAZETTE, 29TH MARCH, 1862.
Proceedings not to
of Form.
thereof then remaining due and unsatisfied in like Manner as if no such Order as afore- said had been made.
XXIX. All Orders and Decrees or other Decisions, so to be made or pronounced in any such Summary Proceeding as aforesaid, shall be subject, with the consent of the Judge, to an Appeal to the Chief Justice; but in case the Judge should refuse such consent, the Chief Justice may notwithstanding, on application, allow such Appeal on such terms as to him shall seem fit..
XXX. In case any Action or Suit shall at any Time hereafter be commenced or brought against any Officer of the said Court of Summary Jurisdiction, or against any other Person for anything done in pursuance of or under the Authority of this Or- dinance, it shall be lawful for such Officer or other Person in every such Suit or Action to plead the general Issue, and give this Ordinance and the special Matter in Evidence; and in case the Plaintiff in such Action or Suit shall have a Verdict pass against him or be non-suit or discontinue his Action or Suit, the Defendant shall, in any of the said Cases, be allowed double Costs.
XXXI. No Action or Complaint or other Proceeding under the Summary Ju- be set aside for want risdiction given by this Ordinance, shall be treated or considered as invalid or subject to be set aside, on account of any verbal or technical Error; but all Errors and Mis- takes not having a tendency to mislead the opposite Party, shall and may in all Cases be amended or altered by the Court.
Allowance and Re- covery of Fees.
XXXII. In all Actions and Complaints or other Proceedings in the Court of Sum- mary Jurisdiction created by this Ordinance, the Fees specified by the Schedule No. 2 hereunto annexed, shall, unless and until otherwise ordered and directed, be established and be deemed and taken as the lawful Fees and Emoluments of the said Court and of the Attornies thereof for the Discharge of the several Duties therein specified; and the Judge of the Court shall have full Power to compel the Payment of the Fees of the Court in a Summary Way by Order, and on Non-payment, by Warrant of Distress and Clerk to receive and Sale under his Hand and sealed with the Seal of the Court; and the said Fees shall be received and accounted for by the Clerk of the Court and be paid over to the Colonial
account for Fees.
such Causes in the
Chief Justice shall di- rect.
be valid as Acts of the Supreme Court.
Treasurer.
The Judge of the XXXIII. The Judge of the Court of Summary Jurisdiction shall in addition to Court to preside in all his Duties as such Judge have full Power to preside at the Trial of all such Causes to Supreme Court as the be tried before a Jury and to hear and determine all such other Causes, Matters and Things which shall be at any Time depending in the Supreme Court whether in Court or in Chambers, and also in all Matters incident to any Ministerial Office of the said All Froceedings and Court, as the Chief Justice shall from Time to Time direct; and all Proceedings, Decrees, Decrees before him to Orders and Acts of such Judge of the Court of Summary Jurisdiction so to be had, made or done shall be deemed and taken respectively, as the nature of the Case shall require, to be Proceedings, Decrees, Orders and Acts of the said Supreme Court, and shall have force and validity and be executed accordingly, subject in every case to be reversed, discharged, or altered by the Chief Justice: Provided that in all such Cases an Proviso that no De- Appeal shall lie to the Chief Justice, notice of such Appeal to be given within Three Months: Provided also that the said Judge of the Court of Summary Jurisdiction, when so sitting for the Chief Justice as aforesaid, shall have no Power or Authority to discharge, reverse, or alter any Decree, Order, Act or Thing made or done by the said Chief Justice, unless authorized by him so to do.
cree, &c., of Chief
Justice shall be rever- sed by such Judge.
i
Suspending Clause.
XXXIV. This Ordinance shall not come into operation until Proclamation be made to that effect by Command of His Excellency the Governor, and published in the Hongkong Government Gazette.
Passed the Legislative Council of Hongkong, this 22nd Day of March, 1862.
L. D'ALMADA E CASTRO,
Clerk of Councils.