541023-1905-The-China-and-Corea-Order-in-Council-1904 — Page 25

THE HONGKONG GOVERNMENT GAZETTE, 1ST SEPTEMBER, 1905.

(c.) The Supreme Court and each Provincial Court is substituted for a

Magistrate of any part of His Majesty's dominions.

(d.) For the purposes of Part II. of the said Act of 1881, and of this Article in relation thereto, China, Corea, Wei-hai-Wei, and Hong Kong shall be deemed to be one group of British possessions.

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PART IV.

CIVIL MATTERS.

89. Subject to the provisions of this Order, the civil jurisdiction of every Court General pro- acting under this Order shall, as far as circumstances admit, be exercised principles of, and in conformity with, English law for the time being in force.

on the

vision as to civil juris- diction.

Procedure.

90.-(1.) Every civil proceeding in the Court shall be taken by action, and All proceed- not otherwise, and shall be designated an action.

(2.) For the purpose of any statutory enactment or other provision applicable under this Order to any civil proceeding in the Court, an action under this Order shall comprise and be equivalent to a suit, cause, or petition, or to any civil proceeding, howsoever required by any such enactment or provision to be instituted or carried on.

ings to be by action.

action.

91. Every action shall commence by a summons, issued from the Court, on Commence- the application of the plaintiff, and served on the defendant (in this Order referred ment of to as an original summons): but notwithstanding this provision, proceedings may be taken in and applications may be made to the Court in particular classes of cases, in such manner as may be prescribed by Rules of Court, or where such manner is not so prescribed, in such manner as like proceedings and applications are taken and made in England.

in Supreme

92-(1.) Subject to the provisions of this Order, every action in the Supreme Trial by jury Court which involves the amount or value of 1501. or upwards shall, on the demand court. of either party in writing, filed in the Court seven days before the day appointed for the hearing, be heard with a jury.

(2.) Any other suit may, on the suggestion of any party, at any stage, be heard with a jury, if the Court thinks fit.

(3.) Any suit may be heard with a jury if the Court, of its own motion, at any stage, thinks fit.

93.-(1.) The Supreme Court may, if it thinks fit, hear any action with Trial by

assessors.

(2.) A Provincial Court shall (subject to the provisions of this Order) hear with assessors every action which involves the amount or value of 1507. or upwards. (3.) In all other cases a Provincial Court may, as it thinks fit, hear the action either with or without assessors.

assessors.

94.-(1.) After the issue of a summons by any Court, the decision of that Special case. Court may be given upon a special case submitted to the Court by the parties.

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Costs.

Arbitration.

Reference of

actions to special referces.

Enforcement of submission or award.

Bankruptcy.