1 of 1871,
s. 29.
7 of 1862,
a. 9.
Ibid, s. 31.
1 of 1871,
>. 5
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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 One Thousand Dollars.
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 One Thousand Dollars.
4. In all Suits for specific Performance of or for the Reform- ing, 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 Lease, the Value of the Property shall not exceed the Sum of One Thousand Dollars.
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 One Thousand Dollars.
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.
Summary Procedure and Practice.
XXIII. The Registrar of the Supreme Court shall keep a Book Register of called the "Register of Civil Suits, (Summary Jurisdiction,)" Suits. which shall be in the Form contained in the Schedule to this Ordinance, or as near thereto as Circumstances permit, and shall contain the Entries specified in the said Form, and every Suit or Proceeding however instituted under the Provisions of this Ord- inance, shall be numbered in each Year according to the Order in which the same shall be commenced.
commenced by
XXIV. All Suits under this Ordinance shall be commenced by Suits to be a Writ of Summons in the same Manner and Form as is Writ of Bum- prescribed by the Code of Civil Procedure for Suits instituted mons. thereunder, except that every such Writ shall be entitled "In the Supreme Court of Hongkong, (Suminary Jurisdiction.)"
XXV. It shall not be necessary for the Defendant to enter Summary
Hearing. an Appearance to the said Writ, but after Service thereof the Suit shall be heard and determined in a Summary Way without Pleadings: Provided always that the Judge may order either Party to file within such Time as he shall direct, further or better Particulars in Writing of his Claim or Defence, and the Defendant may, by leave of the Court, set up any Defence on Equitable Grounds.
XXVI. The Judge may in any Proceeding before the Court The Judge frame Issues of Law and Fact for the better Trial and Determi- may frame nation of the Cause.
Issues,
XXVII. It shall be lawful for the Judge upon such Grounds Power to as he shall, in his Discretion, think sufficient, to re-open any Case re-open Case. determined by him, within One Mouth of such Determination, (except where either Party shall have appealed and the l'arties shall not agree to the Withdrawal of the Appeal), and to re-hear the Case wholly or in part, and to take fresh Evidence, and to reverse, vary, or confirm his previous Decision.
fences.
XXVIII. Except by Consent or Leave of the Court, no Cause or Notice of Matter within the Summary Jurisdiction of the Court shall be set Action and down for hearing before at least Two clear Days from the Service of Special De- the Summons and except by Cousent or by Leave of the Court, it shall not be competent to the Defendant to enter into any Equitable Defence or into any Special Defence such as "Set off," "Illegality," "Want of Consideration or the "Statute of Limi- tations," unless at least Twelve Hours' written Notice thereof has been first given to the Plaintiff or his Attorney.
aside for Want
XXIX. No Action or Complaint or other Proceeding under the Proceedings Summary Jurisdiction given by this Ordinance, shall be treated or not to be set considered as Invalid or Subject to be set aside, on Account of any of Form. verbal or technical Error; but all Errors and Mistakes not having a tendency to mislead the opposite Party, shall and may in all cases be amended or altered by the Court; and unless the Court shall otherwise direct, all Applications to the Court or in Chambers which may be necessary in the Course of any Suit or Proceeding may be made verbally and without any preliminary Formality.
XXX. In every Cause or Matter pending before the Court, in Appearance of Case it shall be proved to the Satisfaction of the Court, that any Plaintiff or Defendant who may not be represented by Attorney or Attorney and Counsel is prevented by some good or sufficient Cause from attending the Court in Person, the Court may, in its Discretion, permit any Relative Friend, or Agent of such Plaintiff or Defendant, who shall satisfy the Court that he has Authority
in that behalf, to appear for such Plaintiff or Defendant.
Parties.
7 of 1862, s. 23.
Ibid, s. 25.
Ibid, 8, 27.
Ibid, s. 24.
See Shanghai
( 65 )
XXXI. The Court may, in its Discretion, on the Application of Juries of Three. either Party, or of its own Motion, order that a Common or Special Jury be empanelled for the Trial of any Canse under this Ordinance. In every such Case the Jury empanelled shall consist of Three Persons only but save as aforesaid, all the Provisions of the Law in force in the Colony for the Time being relating to Juries in the Supreme Court, except so far as the sume may provide for the Remuneration of Special Jurors, shall apply to Juries of Three Persons empanelled under this Ordinance,
XXXII. The Court may allow such reasonable Sum or Sums of Compensation Money for the Attendance and Loss of Time of Parties, Witnesses to Parties, and Jurors as it shall think fit.
Witnesses, and Jurors,
XXXIII. The Court shall appoint one or more Bailiffs who Bailiff. shall execute all Process of the Court in its Summary Jurisdiction, and the Provisions of the Sheriff's Ordinance, 1873, shall apply to every such Bailiff as if he had been expressly included therein.
XXXIV. In the Execution of Orders or Decrees the Bailiff shall, Execution. in the first Instance, if practicable, levy on the Goods, Chattels and Effects of the Defendant, and in the Event of his not being able to find sufficient Goods, Chattels, or Effects of the Defendant and the Defendant failing to point out to his Notice any Property whereon to levy, the Bailiff shall enforce the Order or Degree of the Court by the personal Arrest and Imprisonment of the Defendant as bereinafter is mentioned.
XXXV. Every Defendant who shall be arrested and taken in Imprisonment Execution under the Process of the Court in its Summary Juris- by Process of diction shall be imprisoned for a Space of Time not exceeding Six Court not to Months, unless before the Expiration thereof, the Order or Decree exceed Six
Months.
of the said Court shall have been satisfied: Provided that in Case any Defendant shall be discharged from Prison without having paid the Debt and Costs for which he had been imprisoned, it shall be lawful for the Complainant, at any Time within Three Years after such Order or Decree to take out Fresh Execution against Liability of- any Estate or Effects which such Defendant may have become after acquired possessed of, or entitled to, until such Order or Decree shall be Effects. fully satisfied.
XXXVI. No Execution awarded against the Goods of any Execution not Party shall extend to, or be construed to extend to deprive any to prejudice Landlord of the Power vested in such Landlord by an Act passed Landlords. in the Eighth Year of the Reign of Her Majesty Queen Anne, intituled "An Act for the better Security of Rents and to prevent Frands committed by Tenants," of recovering One Year's Rent by Virtue of and in Pursuance of the said Act.
XXXVII. If any Claim shall be made to, or in respect of any Interpicader. Goods or Chattels taken in Execution under the Process of Court, or in respect of the Proceeds or Value thereof, by any Landlord for Rent, or by any Person not being the Party against whom such Process has issued, it shall be lawful for the Clerk of the Court, upon Application of the Officer charged with the Execution of such Process, as well before as after any Action brought against such Officer, to issue a Summons calling before the said Court as well the Party issuing such Process as the Party making such Claim, and thereupon the Court shall adjudicate upon such Claim and make such Order between the Parties in respect thereof, and of the Costs of the Proceedings, as to him shall seem Fit, and such Order shall be enforced in like Manner as any Order made in any Action under this Ordinance.
The Code of Civil Procedure. XXXVIII. The Provisions of the Code of Civil Procedure shall Application of Rules No. 11. be applied mutatis mutundis to Suits instituted under this Ord- the Code gene-
inance so far as the same can be made applicable thereto, unless rally. the Court shall in any Case for the avoiding of Delay or in Furtherance of substantial Justice think Fit otherwise to direct and except where the said Provisions may conflict or be incon- sistent with any special Provisions contained in this Ordinance.
XXXIX. The Provisions of the Code of Civil Procedure shall, Special Appli- subject as aforesaid, apply particularly as to the Matters following:- cation of Code.
Foreign Attachment.
Interim Attachment.
Arrest of Absconding Defendants.
The Postponement or Adjournment of Hearing.
The taking of Evidence.
Reference of Matters of Account.
Specific Delivery of Chattels.
Arbitration.
The Allowance of Costs.
The Satisfaction of Judgment by Instalments.
The Maintenance of Prisoners for Debt.
The Power to fix and vary the Scale of Fees of Court and of
Costs of Attorney and Counsel.
The Making of Rules or Orders.
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