CA. ON: 54
Hong Kong, 5th January, 1871. (Received 5th January,)
of Summary Jurisdiction
Judge of Sur.
Court
Ball)
Honble Henry John
to Colonial Secretary: (Honble. J. Gardiner Austin )
Summary Court
U r
the revival of the contemplated Bill by which the jurisdiction of- was to have been extended, and Equity jurisdiction conferred
an..
repon it
Enclosure No 6 in Major lomeral Whitfield's Dispatch
No 124 of 14
Auguni't
7871
An Ordinance enacted by the Governor of Hongkong, with the Advice of the Legislative Council thereof, to extend the Jurisdiction and Powers of the Court of Summary Jurisdiction.
Title.
[
., 1870.] THEREAS it is expedient to extend the Jurisdiction, and Preamble.
Powers of the Court of Summary Jurisdiction, and to
WE
make further Provision in relation to the Procedure and Practice
of the Court: Be it enacted by the Governor of Hongkong, with
the Advice of the Legislative Council thereof, as follows:
I. This Ordinance may he cited as "The Summary Jurisdic- Short Title. tion Court Ordinance, 1870.”
II. The following Terms and Expressions shall be understood as Interpretation hereafter defined or explained, unless there be something in the Clause. Subject or Context repugnant to such Definition or Explanation; that is to say:
The Expression "Principal Ordinance" shall mean Ordi-
nance No. 7 of 1862.
The Terms "Court" and "Judge" shall mean respectively the
Court of Summary Jurisdiction and the Judge thereof. The Expression "Sum in Dispute" shall, in Proceedings under Section XII of the Principal Ordinance, mean the annual Value or Rent of the Premises; and in other Proceedings, it shall mean the Sum sought to be re- covered.
The Term Action or Complaint" in the Principal Ordi-
nance shall include Proceedings under this Ordinance.
Jurisdiction.
amount not
III. From and after the Commencement of this Ordinance, it Extension of shall be lawful for the Court to hear and determine, in the Manner Jurisdiction provided by the Principal Ordinance, any Disputes or Differences to Suits between Party and Party therein mentioned, although the Debt
involving or Damages, or Balance sought to be recovered shall exceed Five cxceeding hundred Dollars provided that the same do not exceed One thou-$1000. saud Dollars; and for such Purpose the Principal Ordinance, or such Parts thereof as are not hereby repealed shall be read as if the Words "One thousand Dollars" were inserted throughout the sume in Substitution of the Words "Five hundred Dollars" wherever the last mentioned Words occur.
IV. It shall be lawful for the Court to exercise Equitable Ju- Equitable risdiction in the Suits or Matters hereinafter mentioned, that is to Jurisdiction. Say:----
1. In all Suits by Creditors, Legatees (whether specific, pe- cuniary, or residuary), Devisecs, or next of Kin, in which the personal Estate against or for on Account or Admi- nistration of which the Demand may be made shall not exceed in Amount or Value the Sum of
2. In all Suits for the Execution of Trusts in which the 'Trust Estate or Fund shall not exceed in Amount or Value the Sum of
3. In all Suits for Foreclosure or Redemption, or for enforcing any Charge or Lien, where the Mortgage, Charge, or Lien shall not exceed in Amount the Sum of
4. In all Suits for Specific Performance of or for the Refor- ming, Delivering up, or Cancelling of any Agreement for the Sale, Purchase, or Lease of any Property where in the Case of a Sale or Purchase, the Purchase Money, or in Case of a Leuse, the Value of the Property shall not exceed the Sum of
5. In all Suits for the Dissolution or Winding-up of any Partnership in which the whole Property, Stock, and Credits of such Partnership shall not exceed in Amount or Value the Sum of
6. In all Proceedings for Orders in the Nature of Injunctions, where the same are requisite for granting Relief in any Matter in which Equitable Jurisdiction is given to the Court by this Ordinance.
Attarhment of Debts.
V. It shall be lawful for any Creditor who has obtained a Examination Judgment in the Court to apply for a Rule or Order that the of Judgment Judgment Debtor should be orally examined before the Court Debts due to as to any and what Debts are owing to him.
Deltor as to
him.
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