7 of 1862, 9 7.
Ibid.
Ibid.
Ibid, s. 8.
Thid, s. 12.
(62)
VIII. The Supreme Court shall have and use, as Occasion may Additionni require, an additional Seal bearing a Device and Impression of the Seal, Koval Arms within an Exergue or Label surrounding the sume with the Inscription "Supreme Court of Hongkong, Summary Jurisdiction"; and every Writ or other Process issued by the Supreme Court is its Summary Jurisdiction shall be stumped with such Seal.
mary
Summary Jurisdiction at Law.
IX. It shall be lawful for the Supreme Court to exercise a Sum- Legal Claims.
Jurisdiction at Law in all Suits where the laimi, Debt, or Damages sought to be recovered do not exceed the Sain of Five Hundred Dollars.
X. All Suits for Suns not exceeding Five Hundred Dollars Limitation of shall be commenced within Three Years next after the Cause of suits. such Suits shall accrue, unless there has been sume Contract, Ae- knowledgment, Endertaking, or Promise to pay in respect thereof by the Party to be charged within Three Years before the Com- mencement of such Suit,
XL No Person shall be precluded from suing for any Debt Infancy or or Damages not exceeding Five Hundred Dollars by reason of his Coverture no not having attained the full Age of Twenty-one Years, or by Bar to the
Hight to sue. reason of Covertare where the Husband shall not be resident in the Colony.
XII. No Person shall maintain any Suit for, or recover any Cases in which Debt in the Court, where sach Debt shall have been contracted Suit cannot be under any of the Circumstances following, that is to say:-
1. Where the Defendant is, in the Opinion of the Judge, under the Age of Twenty-one Years, and the Debt has not been contracted for Necessaries.
2. Where the Debt has been contracted for Liquor, for the Sale of which a License is required by any Ordinance, and where the liquor boná fide delivered at one Time shall not have amounted in "Value to Five Dollars; but nothing herein contained shall extend to prevent Holders of such Licenses from keeping an Account with Lodgers and Travellers in which any Charge for Liquor may be included, und from recovering the Amount thereof.
3. Where the Debt has been contracted for the Use or Hire of a Public Billiard Table, Skittle Ground, Nine Pins, or Bowling Alley.
4. Where the Debt has been contracted for Refreshments supplied to any Person whilst playing at Billiards, Skit- tles, Nine Pins, Powls or other Gaineola like Lescription.
5. Where the Debt shall be contracted for Monev lent by one Member of the Police Force to another Member of the same Force. If sneh Money shall have been lent during the fine when both Parties were Members of anch Force.
maintained.
XIII. No Cause of Action or Complaint which shall exist at Claims not to any one Time amounting in the Whole to a Sum exceeding Five be split. Hundred Dollars as aforesaid, shall be split or divided so as to be made the Ground of two or more different Actions or Complaints in order to bring such Cases within the Summary Jurisdiction of the Court, but if the Court shall find that the Plaintiff in any Case shall have split his Cause of Action or Complaint as aforesaid, the Court shall dismiss the said Action or Complaint without Prejudice, however, to the Plaintiff's Right to sue upon the Cause of Action or Complaint in such other Manner as he may be advised: Provided that it such Plaintiff shall be satisfied to recover a Sum not exceeding Five Hundred Dollars, then the Court shall and may entertain the Complaint of such Plaintiff, and in Case any order shall be made in Favor of such Plaintiff, the same shall be expressed to be, and shall be, in full Discharge of the Whole of sucli Deinand,
XIV. When the Term and Interest of the Tenant of any Lands Possession of or Tenements where the Value of the Premises of the Rent payable Tenements not in respect of such Tenancy did not exceed the Annual Value of exceeding
$500 per Five Hundred Dollars, shall have ended or shall have been duly determined by a legal Notice to quit, and if such Tenant or Occupier verable in the of the same or any Part thereof shall neglect or refuse to quit and Court. deliver up Possesion of the Premises or Part thereof respectively,
Annum reco-
it shall be lawful for the Landlord or his Agent to enter à Suit in the Court, and thereupon a Summons shall issue to the Ferson so neglecting or refusing; and if the Tenant or Occupier shall not If Tenant thereupon appear at the Time and Place appointed and show Cause neglect to to the contrary, and shall still neglect or refuse to deliver up appear or
refuse to give Possession of the Premises to the Landlord or his Agent, and pay Possession, the Costs incurred, it shall be lawful for such Landlord or Agent to Court may
Ibid, 8, 13,
1 of 1871,
3.4.
Ibid, &. 38.
( 63 )
same.
give Proof to the Court of the Holding and of the Ead or other issue Warrant Determination of the Tenancy, with the Time or Manner thereof, to enforce the and, where the Title of the Landlord has accrued since the Letting of the Premises, the Right by which he claims the Possession; and upon Proof of Service of the Summons and of the Neglect or Refusal of the Tenant or Occupier, the Court may issue a Warrant to the Bailiff requiring and authorizing him, within not less than Seven or more than Ten clear Days from the Date of such Warrant to give Possession of the Premises to such Landlord or Agent; and such Warrant shall be a sufficient Authority to such Bailiff to enter upon the Premises with such Assistants as he shall deem necessary, and to give Possession accordingly: Provided that no such Entry be made on a Sunday, Good Friday, or Christmas Day, or except between the Hours of Nine in the Morning and Four in the Afternoon.
XV. Having regard to the annual Amount aforesaid, where Provisions as an Arrear of Six Months' Rent shall be due on any Lands or to Arrears of Premises, and not paid after due Demand, and no sufficient Dis- Rent. tress on the Lands or Premises to satisfy such Arrear, it shall be lawful for the Landlord to proceed in Manner aforesaid, and for the Court to make a Decree for putting such Landlord into Pos- session, unless the Rent and Costs of Proceedings be paid within One Fortnight from the pronouncing of such Decree,
Crown Suita.
Crown.
XVI. Whenever a Cause of Action under any Contract entered Suits under into in relation to any Department of the Public Service, in $500 by and which the Sum sought be recovered shall not exceed Five Hundred "gainst the Dollars shall accrue to the Crown against any Person, or whenever any Person shall have a Claim against the Crown under any such Contract, the Chief Officer of such Department may sue and be sued on Behalf of the Government in respect of such Cause of Action or Claim in and by his official Capacity and Designation: Provided always that no such Suit shall be commenced without the Consent of the Attorney General, and that nothing herein coutained shall affect any other Remedy in respect of such Cause
of Action or Claim.
11 of 1667.
Ordinances No. 11 of 1807 and No. 9 of 1869. XVII. The Term of Ten Days within which Claims for a Refund Provision as to of Rates may be filed under Section V of Ordinance No. 11 of Section 5 of 1867, is hereby extended to Filteen Days, and in Proceedings under the snid Section for a Refund of Rates, it shall no longer be necessary to give Notice to the Colonial Treasurer of the Filing of the Petition as therein provided, but every such Petition shall be referred by the Court to the Colonial Treasurer, who shall thereupon examine into the Correctness of the Claim and return the same to the Court with an Endorsement to the Effect that the same is admitted, or not admitted, as the Case may bo; and in Case the Claim shall not be admitted, the Colonial Treasurer, or some Person on his Behalf, shall appear in Opposition thereto on such Day as the Court shall appoint.
Ibis, s. 36.
Ibid.
XVIII The Certificate of the Colonial Treasurer in Actions Form of Certi- brought by him under Ordinance No. 9 of 1869, shall be in the ficate of Form given in the Schedule hereto, or to the same Effect, and the Nature and Particulars of the Claims, which are required to be set under Ordi- forth, shall comprise the several Matters specified at the Head of nance No. 9 the different Columns in the said Form.
XIX. In Suits for the Recovery of Crown Rent, the Certificate Certificate to shall be signed by the Surveyor General as well as by the be signed by Colonial Treasurer.
Surveyor General and Treasurer.
Colonial
Treasurer
of 1869.
Ibid, s. 97.
Ibid, s, 95,
1869.
XX. The Colonial Treasurer may, with the Approval of the Special Railiff Court, appoint a Special Bailiff for the Service of Summonses, under Ordi- Subpoenas, and other Process in Proceedings under Ordinance Nonance No. 9 of 9 of 1869, and such Special Bailiff shall have in Respect of such Proceedings the like Powers and be entitled to receive the same Fees for the Service of Process therein, as the Bailiff of the Court.
XXI. The Provisions of Section XIII shall not apply to Pro-Splitting of
Claims, ceedings under Ordinance No. 9 of 1869.
Summary Jurisdiction in Equity. XXII. It shall be lawful for the Supreme Court to exercise a Equitable Summary Jurisdiction in Equity in the Suits or Matters hereinafter Claus. mentioned, that is to say:-
1. In all Snits by Creditors, Legntees (whether specific, pe- See 28 & 29 cuniary, or residuary), Devisces, or next of Kin, in which Vic., c. 99; 3.9 the personal Estate against or for an Account or Admi-31 Vic., c. 142, 8. 9; and nistration of which the Demand may be made shall not als 31 & 32 exceed in Amount or Value the Sum of One Thousand Vic., e. 40, s. Dollars.
12.
66
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