Directory_and_Chronicle_1864 — Page 92

COURT OF SUMMARY JURISDICTION.

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V. The said Court of Summary Jurisdiction shall be holden Judge of Court of by and before a Judge thereof, to be called the Judge of the Summary Jurisdiction Court of Summary Jurisdiction of Hongkong, who shall be a

to be appointed. Barrister-at-Law in England or Ireland or an Advocate in Scotland of not less than Five Years standing: Provided that, in case of the Death, temporary Illness, or Ab- sence of the said Judge, it shall be lawful for the Governor to appoint any fit and proper Persou temporarily to discharge the duties of the said Office.

VI, The said Court of Summary Jurisdiction shall have and | Seal of Court. use, as occasion may require, a Seal bearing a Device and Impression of the Royal Arms with the Inscription: Court of Summary Jurisdiction. Hongkong,-and every Summons and other Process issued thereout, shall be stamped with such Seal.

VII. The Judge of the Court of Summary Jurisdiction shall Jurisdiction of have full Power and Authority to hear and determine in a Sum- | Judge. mary Way, and without the Intervention of a Jury, all Disputes and Differences be- tween Party and Party touching any Matter of Debt, Breach of Covenant or Contract or Promise, Injury to the Person or Property, or other Matter. Provided that, in all cases respectively, the Debt or Damages or Balance sought to be recovered shall not exceed the Sum of Five Hundred Dollars, and that the Matter in question shall not relate to the Title to any Lands, Tenements, or Hereditaments, nor to the taking of any Duty payable to Her Majesty, nor to any Fee of Office or other Matter where Rights in futuro may be bound, nor to any general Right or Duty: Provided also, that the said Court shall not have power to hear or determine any Matter or Question, which arose more than Three Years before the hearing thereof, unless there has been some Contract, Acknowledgement, Undertaking, or Promise to pay in respect thereof by the Party to be charged within Three Years before the filing of the Plaint: Provided also, that no Party shall be precluded or exempted from sueing or being sued in the aforesaid Summary Jurisdiction by reason of his or her not having at- tained the full age of Twenty-one Years or by reason of Coverture where the Husband has not been resident within the said Colony of Hongkong.

VIII. No Cause of Action or Complaint which shall exist No Cause of Act- at any one Time, amounting in the whole to a Sum exceeding tion to be split. Five 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 created by this Ordinance; but if the Judge of the Court of Summary Jurisdiction shall find that the Plaintiff in any Case shall have split his Cause of Action or Complaint as aforesaid, he shall dismiss the said Action or complaint with the ordinary Costs of a Dismissal, without Prejudice however to the Plaintiff's Right to sue upon such Cause of Action or Complaint in such other Man- ner as may be advised; Provided that if such Plaintiff shall be satisfied to recover

• Sum not exceeding Five Hundred Dollars, in full of the whole of his Demand, then the said Judge shall and may entertain the Complaint of such Plaintiff, and in 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 such Demand.

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IX. Except by consent or by leave of the Court, no Cause Notice of Action, or Matter with the Summary Jurisdiction shall be set down for and Special Defences. hearing before at least two clear days from the service of the Summons where the sum claimed shall be more than Fifty Dollars, nor before Twenty-hours where the sum claimed shall be Fifty Dollars or less than that sum. And, except by consent or by leave of the Court, it shall not be competent to the Defendant to enter into any Special Defence such as "Set off" "illegality" "want of consideration," or the "Sta- tute of limitations," unless at least twelve hours written notice thereof has been first given to the Plaintiff or his Attorney.