460 SUPPLEMENT TO THE HONGKONG GOVERNMENT GAZETTE, 27TH SEPT., 1873.
[1 of 1871, 8. 29.]
[7 of 1862,
s. 9.]
[Ibid, s. 31.]
1. In all Suits by Creditors, Legatees (whether specific, pe- [See 28 & 29 cuniary, or residuary), Dovisces, or next of Kin, in which Vie., c.99; 30 the personal Estate against or for an Account or Admi- & 31 Vic., . nistration of which the Demand may be made shall not also 31 & 32 142, s. 9; and exceed in Amount or Value the Sum of One thousand Vic., c. 40, s. Dollars.
12.] 2. In all Suits for the Execution of Trusts in which the Trust Estate or Fund shall not exceed in Amount or Value the Sum of One thousand Dollars.
3. In all Suits for Foreclosure or Redemption, or for enforcing any Charge or Lien, where the Mortgage, Charge, or Lien shall not exceed in Amount the Sum of One thousand Dollars.
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 Purchase 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.
Answer.
Provided always that on the Day of Hearing specified in the Writ Preliminary of Summons, the Judge may make a Preliniinary Inquiry into the Inquiry, Claim, and if satisfied that the Case is within the Provisions of Petition and this Section, may make such Orders and give such Directions with respect to the Filing of a Petition and Answer, and any other Matters, as he may deem necessary for the Proper Adjudication of the Suit.
Summary Procedure and Practice.
XX. The Registrar of the Supreme Court shall keep or cause Register of to be kept a Book called the "Register of Civil Suits, (Summary Suits. Jurisdiction,)" 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 every Suit or Proceeding, however instituted under the Provisions of this Ordinance, shall be numbered in each Year according to the Order in which the same shall be commenced.
mons.
XXI. All Suits under this Ordinance shall be commenced by Suits to be a Writ of Summons in the Form prescribed by the Pode of Civil commenced by Procedure for Suits instituted thereunder, except that every such Writ of Sum- Writ shall be entitled "In the Supreme Pourt of Hongkong, (Summary Jurisdiction,)" and shall specify the Day of Hearing, and shail have endorsed thereon full Particulars of the Plaintiff's Claim.
XXII. It shall not be necessary for the Defendant to enterSummary an Appearance to the said Writ, but after Service thereof the Hearing. Suit shall be heard and determined in a Summary Way without Pleadings: Provided always that the Judge may order the Plaintiff to file within such Time as he shall direct a written Statement of his Plaim, and may likewise order the Defendant within such Time as aforesaid to file a written Answer to such Statement, and may permit any Defence on equitable Grounds.
XXIII. The Judge may, in any Proceeding before the Court, The Judge frame Issues of Law and Fact for the better Trial and Determi- may franie nation of the Canse.
Issues.
XXIV. It shall be lawful for the Judge, upon such Grounds Review of as he shall in his Discretion think sufficient, to review any Judgment. Judgment or Decision given by him, within One Month from the Date thereof (except where either Party shall have obtained Leave to appeal and the Parties shall not agree to the Withdrawal of the Appeal), and upon such Review to re-open and re-hear the Case wholly or in part, and to take fresh Evidence, and to reverse, vary, or confirm his previous Judgment or Decision.
XXV. 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 Three clear Days from the Service Special De- of the Writ of 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,"
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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.
fences.
XXVI. No Action or other Proceeding under the Summary Proceedings Jurisdiction given by this Ordinance, shall be treated or considered not to be set as invalid or subject to be set aside, on account of any verbal or of Form,
aside for Want
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