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THE HONGKONG GOVERNMENT GAZETTE, 5TH JULY, 1873.

1 of 1871, s. 29.

7 of 1302, s. 9.

Ibid, s. 31.

1 of 1871,

s. 5.

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 Purcliase 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,)" Su ts. 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 very 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.

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 commenced by

Writ of Sum- 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, (Summary 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 ofthe 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-ouen any Case re-open Case. determined by him, within One Month of such Determination, (except where either Party shall have appealed and the Parties 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 Consent 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 Parties.

any Plaintiff or Defendant who may not be represented by Attorney or Attorney and Counsel is prevented by some good or sufficient Canse 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.

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 Cause 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 same 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.