17817-1910-Supplementary-Bills-read-a-first-time--Companies — Page 140

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Kowloon) as the Governor may direct, and in such Court to exercise a summary jurisdiction at law and in equity in all actions or matters where the claim, debt or damages sought to be recovered does not exceed the sum of Two hundred dollars and the defendant or defendants is or are residing or carrying on business in any part of the New Territories exclusive of New Kowloon, as defined by see- tion 3 of this Ordinance, or was or were residing or carry- ing on business at the time when the cause of action arose.

59. All actions for suns not exceeding Two hundred Limitation dollars shall be commenced within three years next after of actions. the cause of action accrues, unless there has been some contract, acknowledgment, undertaking, or promise to pay in respect thereof by the party to be charged within three years before the commencement of such action.

60. No person shall be precluded or exempted from Infancy no suing or being sued for any debt or damages not exceeding bar. Two hundred dollars by reason of his not having attained the full ago of twenty-one years.

61. No cause of action which exists at any one time Prohibition amounting in the whole to a sum exceeding Two hundred of splitting dollars shall be split or divided so as

to be made the of claims." ground of two or more different actions in order to bring such cases within the jurisdiction of the Magistrate, but if the Magistrate finds that the plaintiff in any case has split his cause of action as aforesaid, the Magistrate shall dismiss the action, without prejudice, however, to the plain- tiff's right to sue upon the cause of action in such other manner as he may be advised: Provided that if such plaintiff is satisfied to recover a sum not exceeding Two hundred dollars, then the Magistrate shall and may enter- tain the action o. such plaintiff, and in case any order is made in favour of such plaintiff, the same shall be ex- pressed to be, and shall be, in full discharge of the whole cause of action.

62. It shall be lawful for the Magistrate before whom a Appointment claim under l'art III of this Ordinance is heard to appoint of person to from time to time any fit person or persons to execute any execute process of the Court in respect of such claim.

process.

63. Any goods or chattels seized under a Distress War- Goods szized rant issued by the authority of a Magistrate in respect of may be sold any claim under Part III of this Ordinance may be sold at or near by the Bailiff or other Officer excenting such warrant at seizure.

place of or neur the place of the seizure of such goods.

64. Where a claim shall be made to or in respect of Claims in property taken in execution under Part II of this Or- respect of dinance by any person other than the party against whom property such execution issued, such claim shall be heard and deter- seized. mined by the Magistrate upon a summons calling before him as well such claimant as the party on whose behalf such execution issued and the decision of the Magistrate upon such claim shall be final.

65. No action or proceeding which might be brought Exclusive under Part 111 of this Ordinance before a Magistrate shall jurisdiction. be brought in the Summary Jurisdiction of the Supreme Court unless by the leave of the Magistrate or with the the consent of the defendant.

66. Every judgment, order and decision given or made Validation of and every execution and distress issued or levied by a past acts. Magistrate in the New Territories (exclusive of New Kowloon) prior to the passing of this Ordinance in any claim or matter in respect of which the Magistrate would have had jurisdiction if this Ordinance had first been passed shall be deemed to be and always to have been as valid and effectual for all purposes as if this Ordinance had first been passed.

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