(8)
LXX.
Where a party makes a deposit in lieu of giving a bond he shall forthwith give notice to the opposite party by post or otherwise of such deposit having been made.
LXXI.
In all cases where the security is by bond, the bond shall be deposited with the Clerk of the Court until the cause be finally disposed of.
Appeal. LXXII.
The party dissatisfied with the Judgment of the Court may prosecute his appeal against such Judgment provided that such party shall within ten days after the pronouncing thereof:
(1.) Obtain the consent of the Judge to such appeal,
Give notice thereof to the opposite party, and
(3) Give security to be approved by the Clerk of the Court for the costs of the appeal, whatever be the event of the appeal, and for the amount of the judgment, if he be the Defendant, and the appeal be dismissed.
LXXIII.
The ten days referred to in the last Rule shall be reckoned exclusive of the day on which judgment was pronounced.
LXXIV.
The consent of the Judge to an appeal will not, in any case, be given, unless the unsuccessful party be dissatisfied with the decision of the Court in point of law or upon the admission or rejection of evidence.
LXXV.
The appealing party upon obtaining the consent of the Judge shall give notice thereof to the successful party and to the Clerk of the Court.
LXXVI.
If Execution shall have issued before an appealing party shall have fulfilled the conditions of Rule LXXII the Clerk of the Court shall, if the conditions are subsequently complied with, give notice thereof to the Bailiff and proceedings on such Execution shall forthwith be stayed.
LXXVII.
The appeal shall be in the form of a case agreed on by both parties or their Attornies, and if they cannot agree the Judge upon being applied to by them or their Attornies shall settle the same.
LXXVIII.
All cases on appeal shall, unless the Judge shall otherwise order, be presented to him for signature at the Court holden next after the Expiration of twelve clear days from the day on which judgment was pronounced and shall then be signed by the Judge, and be sealed with the seal of the Court; and when signed and sealed one copy thereof shall be deposited with the Clerk of the Court, and another sent by the appellant to the successful party whilst a third copy shall immediately after the time of signing and sealing the same be delivered by the appellant to the Registrar of the Supreme Court, in default whereof the successful party may proceed on the judgment and shall on application to the Court be entitled to such costs as he shall have incurred in consequence of the appellant's proceedings.
LXXIX.
If after the case has been delivered, the appellant do not prosecute his appeal with due diligence according to the practice of the Supreme Court the successful party may apply to the Judge for leave to proceed on the judgment, and leave for that purpose may be granted accordingly, if the Judge shall think fit; and the successful party shall also be entitled to such costs as he shall have incurred in con- sequence of the appellant's proceedings; which costs shall be added to the judgment.
LXXX.
When the Supreme Court has pronounced judgment, either party may deposit the Original Order of that Court or an office copy thereof with the Clerk of the Court of Summary Jurisdiction and within fourty-eight hours from the time of such deposit send a notice thereof to the other party.
LXXXI.
A new trial in pursuance of the order of the Supreme Court, shall be entered for trial at the Court of Summary Jurisdiction which shall be holden next after twelve clear days from the time when such Order or office copy thereof shall have been deposited as aforesaid, unless the parties agree that it shall take place sooner, or the judge otherwise order.
(9)
LXXXII.
If the order of the Supreme Court be that judgment shall be entered for either party then such judgment shall be entered accordingly, and the successful party shall be at liberty to proceed on such judgment as on a judgment of the Court of Summary Jurisdiction.
Abatement of Action.
LXXXIII.
Where one or more of several Plaintiffs or Defendants shell die before judgment, the suit shall not abate, if the cause of action survive to or against the surviving parties respectively.
may
LXXXIV.
Where one or more of several Plaintiffs or Defendants shall die after judgment, proceedings thereon be taken by the Survivors or Survivor or against the Survivors or Survivor without leave of the Court.
LXXXV.
Where a married woman is sued as a feme sole, and she obtains Judgment on the ground of coverture and that her husband was resident within the Colony at the time of action brought, proceedings may be taken upon such Judgment in the name of the wife, at the instance of the husband, without leave of the Court.
Arbitration.
LXXXVI.
The Judge may in any case with the consent of both parties to the suit, order the same to be referred to arbitration to such person or persons, and in such manner, and on such terms as he shall think fit, and the award shall be entered as the judgment in the cause and shall be as binding and effectual to all intents as if given by the Judge; provided that the Judge may, if he think fit, on application to him at the first Court held after the expiration of one week after the entry of such award, set aside the same or make such other order in that behalf as he may deem reasonable and just.
Forms.
LXXXVII.
In proceedings for which forms are not provided in the Schedules, the Clerk of the Court shall frame the forms required, using as guides those so provided.
Passed the Legislative Council of Hongkong, this 3rd Day of June, 1865.
L. D'ALMADA E CASTRO, Clerk of Councils.
SCHEDULES REFERRED TO IN THE FOREGOING ORDERS. SCHEDULE 1.
Notice of Non-service of a Summons.
IN THE COURT OF SUMMARY JURISDICTION.
No. of Plaint
(Seal)
A. B. Plaintiff,
Between
and
C. D. Defendant.
Take notice that the Summons in this cause has not been served for the following reason.
Dated this
To the Plaintiff.
Day of
186
E. F., Bailiff.
339