CO129-151 - Lieut Governor Whitfield - 1871 [7-8] — Page 293

Gr. S O N & 9 9 7 Wong Kong,

(Receive &.AV

wh April)

Judge of the Court of

Silm

Jurisdiction

(The Hoom: Mr. J. Ball.)

Colonial Secretary, (The Hon. J. G. Austin)

Summary Jurisdiction Court,

Recommends extension of ito Jurisdiction at Common Law and the it of a limited Jurisdictio

granting to in Equity

Draft clauses enclosed.

Inclosure No 10 in Major General Whitfeilds Despatch No 124 of 14. August 1871

No. 56.

GOVERNMENT NOTIFICATION.

The following additional Clauses and Schedule, which it is proposed to insert in the Summary Jurisdiction Court Ordinance now before the Legislative Council, are published for general information.

J. GARDINER AUSTIN, Colonial Secretary.

By Command,

Colonial Secretary's Office, Hongkong, 8th April, 1871.

Trials before a Jury.

Justice may order Action

Jury.

It shall be lawful for any Person against whom any Ac- In certain tion shall be commenced in the Court of Summary Jurisdiction to Cases Chief apply to the Chief Justice at his Chambers in the Supreme Court for a Summons to the Plaintiff to show Cause why such Action commenced in should not be tried before a Jury, and on the Hearing of such the Court to Summons it shall be lawful for the Chief Justice, if it shall appear be tried before to him expedient so to do, to order that such Action be tried him with a before the Chief Justice and a Jury under the Provisions here- inafter contained as to the Summary Trial of Actions before the Chief Justice in Cases where the Sum in Dispute exceeds Five hundred Dollars, but does not exceed Two thousand Dollars, and the Costs of such Application, and of the Trial of such Action shall be liable to Taxation by the Registrar of the Supreme Court in Accordance with the Scale provided in the Fourth Schedule to this Ordinance.

+

Summary Trials before the Chief Justice.

and not ex-

Whenever any Person shall have a Claim or Demand Plaintiff in which he is unable to enforce by Action in the Court of Summary Actions, Jurisdiction by reason only that the Sum in Dispute exceeds Five above $500 hundred Dollars, it shall be lawful for such Person, provided the ceeding $2,000 Sum in Dispute shall not exceed Two thousand Dollars, to apply may apply for to the Chief Justice at his Chambers in the Supreme Court for a Summary Summons to the Defendant to show Cause why such Action should rial fore not be tried summarily before the Chief Justice under the Provi- Justice. sious of this and the Principal Ordinance.

the Chief

Justice.

If it shall appear to the Satisfaction of the Chief Jus- Order thereon tice on the Hearing of such Summons, that the Sum in Dispute in Discretion does not exceed Two thousand Dollars, it shall be lawful for the of Chief Chief Justice in his Discretion to order that such Action shall be tried before him accordingly: Provided always that the Chief Justice may also at any Time before Judgment rescind such Order upon such Terms as to Costs or otherwise as he shall think fit.

Upon the Trial of every such Action the following Rules for such Rules shall be observed:-

1. The Action shall be entitled in the Court of Summary Jurisdiction, and shall be commenced in the same Manner as other Actions in the Court, but the following Heading shall be entered in the Summons: "For Summary Trial before the Chief Justice."

2. The Parties shall appear by Counsel except by special

Leave of the Chief Justice.

3. The Chief Justice may frame Issues of Law and of Fact for the better Trial and Determination of the Cause.

4. The Chief Justice may, if he shall think fit, direct that a Jury be empanelled for the Trial of any Issues of Fact arising in the Action, and all the Provisions of the Law in Force for the Time being in relation to Juries shall be deemed to apply to the Trial of such Actions.

5. The Fees of Counsel and Attorney in every such Action shall be liable to Taxation by the Registrar of the Su- preme Court, and shall as between Party and Party be calculated according to the Scale provided in the Fourth Schedule to this Ordinance.

6. It shall be lawful for the Chief Justice in Addition to the Powers contained in Section XI of the Principal Ordinance to divide or apportion the Costs between the Parties or to order the same to be paid by such Party in such Manner and at such Times as he shall in his Discretion think fit.

Trials.

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