698536-1873-Summary-Jurisdiction-Ordinance- — Page 3

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THE HONGKONG GOVERNMENT GAZETTE, 4тп OCTOBER, 1873.

[1 of 1871, s. 37.]

[Ibid, s. 35.]

[1 of 1871,

5. 20.]

1869.

XVII. The Colonial Treasurer may, with the Approval of the Special Bailiff Court, appoint a Special Bailiff for the Service of Summonses, under Ordi- Subpoenas, and other Process in Proceedings under Ordinance No. nance No. 9 of 9 of 1869, and such Special Bailiff shall have, in respect of such Proceedings, the like Powers and be entitled to receive the same Fees for the Service of Process therein, as the Bailiff of the Court.

XVIII. The Provisions of Section XII shall not apply to Pro- Splitting of ceedings under Ordinance No. 9 of 1869.

Summary Jurisdiction in Equity.

Claims.

XIX. It shall be lawful for the Supreme Court to exercise a Equitable Summary Jurisdiction in Equity in the Suits or Matters hereinafter Claims. mentioned, that is to say:--

1. In all Suits by Creditors, Legatoes (whether specific, pe- [Sce' 28 & 29 cuniary, or residuary), Devisces, or next of Kia, in which Vic., c. 99; 30 the personal Estate against or for an Account or Admi- & 31 Vie., c. 142, s. 9; and nistration of which the Demand may be made shall not so 31 & 32 exceed in Amount or Value the Sum of One thousand Vic., c. 40, s. Dollars.

12.1

2. all Snits 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 vhere in the Case of a Sale or Purchase, the Purchase Money, or in Case of a Lease, the Value of the Property shail 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 Preliminary 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 Code of Civil cominenced by Procedure for Suits instituted thereunder, except that every such Writ of Sani- Writ shall be entitled "In the Supreme Court of Hongkong, (Summary Jurisdiction,)" and shall specify the Day of Hearing, and shall have endorsed thereon full Particulars of the Plaintiff's Claim.

XXII. It shall not be necessary for the Defendant to enter Summary 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 Claim, 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 frame

Issues. nation of the Cause.

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.