Directory_and_Chronicle_1869 — Page 537

SUMMARY JURISDICTION COURT-HONGKONG.

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LXXVII. The appeal shall be in the form of a case agreed on by both parties or their attornies, and if they cannot agree the judge upon being applied to by them or their attornies shall settle the same.

LXXVIII.--All cases on appeal shall, unless the judge shall otherwise order, be presented to him for signature at the court holden next after the expiration of twelve clear days from the day on which judgment was pronounced, and shall then be signed by the judge, and be sealed with the seal of the court; and when signed and sealed one copy thereof shall be deposited with the clerk of the court, and another sent by the appellant to the successful party, whilst a third copy shall immediately after the time of signing and sealing the same be delivered by the appellant to the Registrar of the Supreme Court, in default whereof the successful party may proceed on the judgment, and shall on application to the court be entitled to such costs as he shall have incurred in consequence of the appellant's proceedings.

LXXIX.-If after the case has been delivered, the appellant do not prosecute his appeal with due diligence according to the practice of the Supreme Court, the successful party may apply to the judge for leave to proceed on the judgment, and leave for that purpose may be granted accordingly, if the judge shall think fit; and the successful party shall also be entitled to such costs as be shall have incurred in consequence of the appellant's proceeding: which costs shall be added to the judgment.

LXXX. When the Supreme Court has pronounced judgment, either party may deposit the original order of the court, or an office copy thereof, with the clerk of the Court of Summary Jurisdiction, and within forty-eight hours from the time of such deposit send a notice thereof to the other party.

LXXXI.—A new trial in pursuance of the order of the Supreme Court, shall be en- tered for trial at the Court of Summary Jurisdiction which shall be holden next after twelve clear days from the time when such order or office copy thereof shall have been deposited as aforesaid, unless the parties agree that it shall take place sooner, or the judge otherwise order.

LXXXII-If the order of the Supreme Court be that judgment shall be entered for either party, then such judgment shall be entered accordingly, and the successful party shall be at liberty to proceed on such judgment as on a judgment of the Court of Summary Jurisdiction.

Abatement of Action.

LXXXIII.

II.—Where one or more of several plaintiffs or defendants shall die before judgment, the suit shall not abate, if the cause of action survive to or against survi- ving parties respectively.

LXXXIV. Where one or more of several plaintiffs or defendants shall die after judgment, proceedings thereon may be taken by the survivor or survivors or against the survivor or survivors without leave of the court.

LXXXV.—Where a married woman is sued as a femme seul, and she obtains judgment on the ground of coverture and that her husband was resident within the colony at the time of action brought, proceedings may be taken upon such judgment in the name of the wife, at the instance of the husband, without leave of the court.

Arbitration.

LXXXVI.-The judge may in any case with the consent of both parties to the suit order the same to be referred to arbitration to such person or persons, and in such manner and on such terms as he shall think fit, and the award shall be entered as the judgment in the cause and shall be as binding and effectual to all intents as if given by the judge: provided that the judge may, if he think fit, on application to him at the first court held after the entry of such award, set aside the same or make such other order in that behalf as he may deem reasonable and just.

Forms.

LXXXVII. In proceedings for which forms are not provided in the schedules, the clerk of the court shall frame the forms required, using as guides those so provided.

Passed the Legislative Council of Hongkong, this 3rd day of June, 1865.

L. D'ALMADA E CASTRO,

Clerk of Council.