698536-1873-Summary-Jurisdiction-Ordinance- — Page 5

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THE HONGKONG GOVERNMENT GAZETTE, 4TH OCTOBER, 1873.

XXXV. The Provisions of the Code of Civil Procedure shall, Special Appli-

subject as aforesaid, apply particularly as to the Matters following:- cation of the

The Service of Process within the Jurisdiction,

Foreign Attachment,

Interim Attachment.

Arrest of Absconding Defendants.

Proceedings on Non-attendance of Parties.

The Hearing and Evidence.

Reference of Matters of Account.

Specific Delivery of Chattels,

Arbitration.

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,

Code.

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 ir Case mary Register. the Plaintiff's Claim is reduced by Payment, an admitted 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.

Transfer of

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 Memorandum that the Suit has Orders on been transferred as aforesaid by Order of the Court. The Suit Suits. shail then be carried on, as if the same had been con-menced in the Jurisdiction of the Court to which it shall have been so transferred, and the Court inay make any special Orders 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 Flaintiff in No Costs in any Suit instituted by him in the original Jurisdiction of the certain 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 shail be of Opinion at the Hearing that the Suit was

one which it was expedient to institute in such Manner.

of l'ees and

2. Until a new Scale of Court Fees and Fees and Costs of Amount of Counsel and Attorney shall have been provided for Use under Court Fees and this Ordinance, by any General Rule or Order of the Supreme Costs of Court, or otherwise, and so far as any such new Scale may be in- Counsel and complete, all Questions relating to the Amount of such Fees and Attorney pend- Costs, shall be referred to the Registrar, who is hereby em- ing Issue of powered to determine the same on Taxation, either with or new Scale. without Reference to the existing Scale, having regard to the Skill, Labour, and Responsibility involved, subject nevertheless to a Review of such Determination on Summary Application to the Court in Chambers; and the Payment of the Costs allowed on such Taxation or Review may be enforced in the same Manner as if the same had been fixed by any such General Rule or Order.

Attorneys and Solicitors.

XL. In all Proceedings 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.

Period.

XLI. The Puisne 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- within what 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.

No. of Sult.