432 SUPPLEMENT TO THE HONGKONG GOVERNMENT GAZETTE, 27т¤ SEPT.,
The Power of the Court as to Costs.
The Satisfaction of Judgment by Instalments.
The Maintenance of Prisoners for Debt.
The Duration of Imprisonment for Debt, and the Continuance
of Liability of the Debtor's Property.
The Making of General Rules or. Orders.
Transfer of Suits.
XXXVI. In Case the Court shall be of Opinion that a Suit Transfer of commenced in its Summary Jurisdiction ought to be heard in its Suit to Prin- original Jurisdiction, the Court may order that the Entry of such cipal Register. Suit in the Register of Summary Suits be cancelled therein and transferred therefrom to the Principal Register, notwithstanding
that such Suit may be within the Provisions of this Ordinance.
XXXVII. In Case the Supreme Court shall be of Opinion that Transfer of a Suit instituted in the Original Jurisdiction of the Court, ought Suit to Sum- to have been instituted in its Summary Jurisdiction, or in Case mary Register. the Plaintiff's Claim is reduced by Payment, an admited set-off, or otherwise to a Sum not exceeding One Thousand Dollars and the Suit is in other respects within the Summary Jurisdiction of the Court, the said Court may order that the Entry of such Suit in the Principal Register be cancelled therein and transferred to the Register of Summary Suits.
Suits.
XXXVIII. It shall not be necessary, on the Transfer of a Suit as Court may aforesaid, for the Plaintiff to issue a new Writ, but the Registrar make special shall endorse on the same Writ a Mer.oranduin that the Suit has Orders on been transferred as aforesaid by Order of the Court. The Suit Transfer of shall then be carried on as if the same had been commenced in the Jurisdiction of the Court to which it shall have been so transferred, and the Court may make any special Crders in respect of any Suit so transferred which it may deem necessary or expedient for carrying out the Provisions of the last two preceding Sections,
Allowance of Costs in certain Cases.
XXXIX. No Costs shall be allowed to a successful Plaintiff in No Costs in any Suit instituted by him in the original Jurisdiction of the cerinin Cases. Court which might have been tried in its Summary Jurisdiction, unless the Suit shall have been so instituted by Leave of the Court, or the Court shall be of Opinion at the Hearing that the Suit was
one which it was expedient to institute in such Manner,
Attorneys and Solicitors.
XL. In all Froceedings before the Court in its Summary Ju- Attorneys may risdiction, Attorneys and Solicitors of the Supreme Court, may practise as practice as Advocates,
Appeals.
Advocates.
within what
XLI. The Pulsne Judge of the Supreme Court shall as a When Appeal general Rule preside at the Hearing of all Suits in its Summary will lie and Jurisdiction; and in Case either Party to the Suit shall be dis-period. satisfied with his Decision of any Question of Fact or of Law arising in the Case, he may, within Seven Days from the Date of the Judgment, apply to the Full Court in its original Jurisdiction for Leave to appeal, and the Full Court may grant Leave to appeal on such Terms as to Notice and other Matters as it may, in its Discretion, think fit: Provided always that the Full Court may, in its Discretion, extend the Time hereby limited for such Application either before or after the Expiration thereof,
XLII. Where the Appeal shall be from a Decision given during Period of the Vacation of the Supreme Court in its original Jurisdiction, the Vacation. Time limited for the Application shall be reckoned exclusively of
the unexpired Period of Vacation.
a Question of
XLIII. Where the Appeal is from the Decision of a Question Appeal from of Fact, the Full Court may deal with the Case solely upon the the Decision of Evidence originally taken or may re-examine any Witness pre- Fact. viously examined and admit any further Evidence, or may hear the Case de novo.
Law.
XLIV. Where the Appeal is from a Ruling or Judgment on a Appeal from Question of Law, or on a Matter of Discretion only, it shall be Decision of a heard upon a Case to be stated by the Parties (and in the Event Question of of any Difference, to be settled by the Full Court) in which Case [c. L. P. A. shall be set forth so much of the Pleadings, Evidence and the 1854, 9. 39 & Ruling or Judgment objected to, as may be necessary to raise the s. 33.] Question for the Decision of the Full Court.
XLV. The Full Court shall have Power on every Appeal General Power whether on a Question of Fact, or of Law, or of Discretion, to try of Full Court the Case de novo, if it shall think it necessary.
on Appeal.
XLVI. The Court may stay Execution on the Application of Stay of Execu- the Appellant for such Time and on such Terms, if any, as to tion. Security or otherwise, as it shall deem just.
1873.
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