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Transfer of Suits.
XL. In Case the Court shall be of Opinion that a Suit com- Transfer of menced in its Summary Jurisdiction ought to be heard in its Suit to Pris- original Jurisdiction, the Court may order that the Entry of such cipal Register. Suit in the Register of Summary Suits be cancelled therein and transferred therefrom to the Principal Register, notwithstanding that such Suit may be within the Provisions of this Ordinance.
XLI. In Case the Court shall be of Opinion that a Suit Transfer of instituted in the Original Jurisdiction of the Court, ought to have Suit to Sum- been instituted in its Summary Jurisdiction, or in Case the mary Register. Plaintiff's Claim is reduced by Payment, an admitted set-off, or otherwise to a Sum not exceeding Five Hundred Dollars and the Suit is in other respects within the Summary Jurisdiction of the Court, the Court may order that the Entry of such Suit in the Principal Register be cancelled therein and transferred to the Register of Summary Suits.
Orders on
XLII. It shall not be necessary on the Transfer of a Suit as Court may aforesaid for the Plaintiff to issue a New Writ, but the Registrar make Special may endorse on the same Writ a Memorandum that the Suit has. Transfer of been transferred as aforesaid by Order of the Court. The Suit Suits. shall then be carried on as if the same had been commenced in the Jurisdiction of the Court to which it shall have been so trausforred, and the Court may make any special Orders in respect of any Suit so transferred which it may deem necessary or expedient for carrying out the Provisions of the last two preceding Sections.
Costs.
XLIII. No Costs shall be allowed to a successful Plaintiff in No Costs in any Suit instituted by him in the original Jurisdiction of the certain Cases. Court which might have been tried in its Summary Jurisdiction, unless the Suit shall have been so instituted by Leave of the Court,
or the Court shall be of Opiuion at the Hearing that the Suit was
one which it was expedient to institute in such Manner.
Attorneys and Solicitors.
XLIV. In all Proceedings before the Court in its Summary May practise Jurisdiction, Attorneys and Solicitors of the Supreme Court, may as Advocates. practice as Advocates,
Appeals.
Period.
XLV. The Puisne Judge of the Court shall as a general Rule When Appeal preside at the Hearing of all Suits in its Summary Jurisdiction; will lie and and in Case either Party to the Suit shall be dissatisfied with his within what Decision of any Question of Fact or of Law arising in the Case, be may within Seven Days from the Date of the Judgment apply to the Full Court in its Original Jurisdiction for Leave to appeal: Provided always that the Court may, in its Discretion, extend the Time hereby limited for such Application either before or after the Expiration thereof.
XLVI. Whenever the Chief Justice shall preside at the Trial of When Appeal a Canse under this Ordinance, there shall be no Appeal.
will not lie.
XLVII. Any Appeal from a Decision given in a Snit com- Appeals in menced before the Passing of this Ordinance, shall be heard before peuding Suits. the Chief Justice according to the Law now in force in relation
to Appeals from the Court of Summary Jurisdiction.
Vacation.
XLVIII. There shall be no Vacation of the Supreme Court in Court upea all its Summary Jurisdiction, but the Court shall be open throughout the Year. the Year for the Hearing of Suits and other Matters under this Ordinance.
Sittings of Court.
XLIX. The Sittings of the Court for the Hearing of Suits and Special Days other Matters under this Ordinance shall take place on snch Days to be fixed. as shall from Time to Time be fixed and determined by the Court.
L. The Forms given in the Schedule to this Ordinance, or Forms in Forms to the like Effect, with such Variations and Additions as Schedule may Circumstances require, may be used for the Purposes therein indi- be used. cated, and Instruments in those Forms shall (as regards the Form thereof) be valid and sufficient.
LI. This Ordinance shall commence and take effect on such Proclamation. Day as shall hereafter be fixed by Proclamation under the Hand
of the Governor.
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SCHEDULE.
Form of Register of Summary Suits.
IN THX SUPREME COURT OF HONGKONE, SUMMARY JURISDICTION,
No, of Suit.
Date of Writ.
Name, Description
and Place of
Abode of Plaintiff.
Suite in the Year 18
Naine, Description
Abobe of Defendant.
Particulars of
Clain.
Date of Hearing
Date of Judgment,
Date of Appeal
Judgment on Appeal.
Particulars of Ex-
ecution Ordered.
Form of Colonial Treasurer's Certificate under Section 18.
Nature and Particulars of Claims for Crown Rent.
2
Name of
Amount Clained.
Defendant.
No. of Crown Lot in respect of which the Rent is claimed, Term of Lease.
4
E
Return of Execu
tion.
Whether Defendant is Original Lesaco or Assignee in pos- session by Purchase or Mortgage.
For what Period the Rent Claimed and when due
Nature and Particulars of Claims for Police, Lighting, Water, and Fire Brigate Rates.
I
2
3
5
Name
No. of Tenerent
Amonnt Claimed.
in respect of which
Whether Defendant is Owner
Defendant
Hates Payable.
or Occupier.
For what Period Rates Claimed and when due.
1
Nature and Particulars of Claims for Spirit License Fees.
2
4
Whether
J
For what Period,
Fee ur Instalment, and when due.
Name
Number,
of
Defendant.
Amount Claimed.
Date and Period of License.
original Licensee or Transferree of License.
and whether catire
I hereby certify that the several Persons whose Naraes are entered in the First Column of the above Schedule have made default in the Payment to the Crown of the Sums appearing opposite to their respective Names in the Second Column, and that the said Persons are severally liable to the Payment thereof in respect of the Clains, the Nature and Particulars of which are truly set forth opposite their respective Names in the Third, Fourth, and Fifth Columns.
or (in uits for Crown Rent,)
I, A.B., Colonial Treasurer of Hongkong, do hereby certify that the several Persons whose Names are entered in the First Column of the above Schedule have made default in the Payment of the Sums appearing opposite to their re- spective Names in the Second Column, in respect of the Crown Rent, and I, A.B., Surveyor General, do hereby certify that the Particulars of the above Claims for Crown Rent against such Persons are truly set forth opposite their respective Names in the Third, Fourth, and Fifth Columns.
Dated the
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Colonial Treasurer.
Surveyor General,
(Here follow all other forms required.]
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