160
THE HONGKONG GOVERNMENT GAZETTE, 30TH MARCH, 1872.
Suits under $500 by and against the Crown.
Provisions as
35. Whenever a cause of action under any contract entered into in relation to any department of the public service, in which the sum in dispute shall not exceed Five hundred Dollars shall accrue to the Crown against any person, or whenever any person shall have a claim against the Crown under any such contract, the chief officer of such department may sue and be sued on behalf of the Government in respect of such cause of action or claim in and by his official capacity and designation: Provided always that no such suit shall be commenced without the consent of the Attorney General, and that nothing herein contained shall affect any other remedy in respect of such cause of action or claim.
36. Section XIX of this Ordinance, as to the splitting to splitting of a cause of action or demand shall not apply to proceedings demands not to under Ordinance No. 9 of 1869, or under the last preceding apply to Crown suits.
Section.
Certificate to
be signed by Surveyor General and Treasurer.
Special bailiff
under Ordi-
1869.
37. In suits for the recovery of crown rent, the certificate shall be signed by the Surveyor General as well as by the Colonial Treasurer.
38. The Colonial Treasurer may, with the approval of the Court, appoint a special bailiff for the service of summonses, nance No. 9 of subpoenas, and other process in proceedings under Ordinance No. 9 of 1869, and such special bailiff shall have in respect of such proceedings the like powers and be entitled to receive the same Ord. 11 of fees for the service of process therein, as the bailiff of the Court. 1867, and 9 of
1869, to remain in force.
Provision as to
11 of 1867.
39. The Court shall exercise and carry into effect all the powers conferred upon the Court of Summary Jurisdiction by Ordinance No. 11 of 1867, and by Ordinance No. 9 of 1869 : Provided, however, and it is hereby enacted, that the term of ten Section V of days within which claims for a refund of rates may be filed under Section V of Ordinance No. 11 of 1867, is hereby extended to fifteen days, and in proceedings under the said Section for a refund of rates, it shall no longer be necessary to give notice to the Colonial Treasurer of the filing of the petition as therein pro- vided, but every such petition shall be referred by the Court to the Colonial Treasurer, who shall thereupon examine into the correctness of the claim and return the same to the Court with an endorsement to the effect that the same is admitted, or not admitted, as the case may be; and in case the claim shall not be admitted, the Colonial Treasurer or some person on his behalf shall appear in opposition thereto on such day as the Court shall appoint.
Provisions of
the civil code generally to apply to suits under the summary pro-
40. The provisions of this Ordinance, relative to suits for sums of Five hundred Dollars and upwards, shall be where they are not inconsistent with the special provisions herein made for such suits applicable mutatis mutandis to suits for sums of less than Dollars Five hundred, and shall be so applied accordingly cedure clauses. (except so far as the Court may in any case for the avoiding of delay and furtherance of substantial justice, think fit otherwise to direct.)
Power of Court to direct a petition.
Court in its
41. When either on the application for a summons before or at the hearing thereof, it appears to the Court that the nature and circumstances of the case render it unjust or inexpedient to hear and determine the claim in a summary way, the Court may direct proceedings to be taken and carried on by petition, as in suits for sums of Five hundred Dollars and upwards.
Orders may be 42. The Court in its summary jurisdiction shall have the issued by the like authority to make summary orders before suit and with re- ference to an absconding defendant in respect of claims exceeding jurisdiction. Fifty Dollars and not exceeding Five hundred Dollars, as in its
formal jurisdiction.
summary
Compensation
43. The Court may allow such reasonable sum or sums of to parties and money for the attendance and loss of time of parties and witnesses witnesses. as it shall think fit.
Provisions of
Sections
27 and
28 of
No. 6 of 1845
to apply.
In what cases.
Leave to de- fend, when.
44. The provisions of Section XXVII and XXVIII of Or- dinance No. 6 of 1845 shall apply to the Court in its Summary Jurisdiction.
Summary Procedure on Bills of Exchange and Promissory Notes.
45. Suits on Bills of Exchange or Promissory Notes, instituted within Six Months after the same become due and payable, may be commenced by summons, and may be heard and determined in a summary way as hereinafter is provided.
46. The Court shall, on application, within seven days from the service of the summons, give the defendant leave to defend the suit on his paying into Court the sum indorsed, or on evidence on oath showing to the satisfaction of the Court a good legal or equitable defence, or such facts as would make it incumbent on the holder to prove consideration, or such other facts as the Court deems sufficient to support the application, and on such terms as to security and other things as to the Court
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