1184
Limitation of actions.
Infancy no bar.
Prohibition of splitting of claims.
No. 34 of 1910. NEW TERRITORIES REGULATION.
New Kowloon, as the Governor may direct, and in such court to exercise a summary jurisdiction at law and in equity in all actions or matters where the claim, debt or damages sought to be recovered does not exceed two hundred dollars and the defendant is residing or carrying on business in any part of the New Territories, exclusive of New Kowloon, or was residing or carrying on business there at the time when the cause of action arose:
Provided that if both parties in any such action or matter agree, by a memorandum signed by them or duly authenticated by their marks, the magistrate may, on satisfying himself that the effect of the memorandum is fully understood by the parties, exercise a like jurisdiction where the claim, debt or damages sought to be recovered does not exceed one thousand dollars: Provided always that the judgment of such magistrate shall not be evidence of title between the parties or their privies in any other action or matter in that court or in any other court; and such consent shall not prejudice or affect any right of appeal of either of the parties.
59. All actions for sums not exceeding two hundred dollars shall be commenced within three years next after the cause of action accrues, unless there has been some contract, acknowledgment, undertaking or promise to pay in respect thereof by the party to be charged within three years before the commencement of such action.
60. No person shall be precluded or exempted from suing or being sued for any debt or damages not exceeding two hundred dollars by reason of his not having attained the full age of twenty-one years.
61. No cause of action which exists at any one time amounting in the whole to a sum exceeding two hundred dollars shall be split or divided so as to be made the ground of two or more different actions in order to bring such cases within the jurisdiction of the magistrate, and if the magistrate finds that the plaintiff in any case has split his cause of action as aforesaid he shall dismiss the action, without prejudice to the plaintiff's right to sue upon the cause of action in such other manner as he may be advised: Provided that if such plaintiff is satisfied to recover a sum not exceeding two hundred dollars then the