THE HONGKONG GOVERNMENT GAZETTE, 6TH MAY, 1871.
[30 & 31 Vic., c. 142 s. 7.)
[30 & 21 Vic., č. 142 s. 10.]
reasonable Cause to comply with such Order, the Court may order him to be imprisoned for any Term nor exceeding Six Months and Execution to issue against his Goods and Chattels for the Amount of such assessed or agreed Value as aforesaid and for the Costs recovered.
Evidence by Affidavit.
XXVI. It shall be lawful for the Judge, if he shall in his Dis- Account cretion think fit, to permit either Party to use his Books of Account Books. as Evidence in support of his Claim or Defence and also to take and admit Evidence by Affidavit whenever a special Ground for receiving the same shall be shown to the Satisfaction of the Court by the Party tendering it.
XXVII. "Whenever any Action or Proceeding before the Court, Matters of shall involve or consist, wholly or partly, of Matters of Account Account. which cannot be conveniently investigated in the ordinary Way, the Judge may refer such Matter of Account to any competent Person, for a Report thereon, and may from Time to Time remit such Report to the Referee for Re-consideration and may deter- mine the Action or Proceeding before the Court in accordance with such Report, or not, as he shall think fit. The Judge may award any Sum which he shall deem just and sufficient under the Circum- stances by Way of Remuneration to the Referee, and such Sum shall be Costs in the Cause and shall be paid by such Party and at such Time as the Court shall order, and the Payment thereof may be enforced in the same Manner as the Payment of Costs.
written Statement and
XXVIII The Judge may in any Proceeding before the Court The Judge order the Plaintiff to file, within such Time as he shall direct, a may order written Statement of his Claim and may likewise order the Defendant within such Time as aforesaid to file a written Answer Answer to to such Statement.
be filed.
XXIX. It shall be lawful for the presiding Judge, upon such Power to Grounds as he shall in his Discretion think sufficient, and upon such re-open Case. Terms as he shall impose, to review any Case or Proceeding deter- mained by him, within One Month of such Determination, (except where either Party shall have appealed to the Supreme Court and the Parties shall not agree to the Withdrawal of the Appeal), and to re-bear such Case or Proceeding, wholly or in Part, and to take fresh Evidence, and to reverse, vary, or confirm his previous Judgment and to make any Order for the Re-payment of any Money received under such previous Judgment and every such Order may be enforced in the same Manner as an ordinary Judg
ment.
XXX. The Signature of the Judge shall not be required to nature of Writs, Precepts, Orders, Certificates, and other Instruments issuing Judge to from the Court, if they purport to be signed by the Clerk of the Precepts, &c., Court by Order of the Judge and are stamped with the Seal of required. the Court.
no longer
may hear any
XXXI. It shall be lawful for the Chief Justice in Case of the At Request of Illness or temporary Absence of the Judge, and in Case he shall the Judge, the think fit at all Times at the Request of the Judge, to hear and deter- Chief Justice mine any Cause pending in the Court and in every such Case so Case. heard and determined, the Decision of the Chief Justice shall be final, subject to the Provisions of Section XXIX. The Hearing and Determining of every such Canse by the Chief Justice shall be conclusive Evidence of his Power and Authority so to do.
Justice may
Jurisdiction.
XXXII. Where in any Action of Contract brought or com- In certain menced in the Supreme Court, the Claim endorsed on the Writ Cases Chief does not exceed Five hundred Dollars, or where such Claim, order Action though it originally exceeded Five hundred Dollars, is reduced to be tried by Payment, an admitted Set-off, or otherwise, to a Sum uot in the Court exceeding Five hundred Dollars, it shall be lawful for the De- of Summary fendant in the Action, within Eight Days from the Day upon which the Writ shall have been served upon hin, if the whole or part of the Demand of the Plaintiff be contested, to apply to the Chief Justice at Chambers for a Summons to the Plaintiff to show Cause why such Action should not be tried in the Court of Sum- mary Jurisdiction; and on the Hearing of such Summons the Chief Justice shall, unless there be good Cause to the contrary, order such Action to be tried accordingly, and thereupon the Plaintiff shall lodge the Original Writ and the Order with the Clerk of the Court of Summary Jurisdiction, and the Cause and all Proceedings therein shall be heard and taken in such Court as if the Action had been originally commenced in such Court; and the Costs of the Parties in respect of Proceedings subsequent to the Order of the Chief Justice shall be allowed according to the Scale of Costs in Use in the Court of Summary Jurisdiction, and the Costs of the Proceedings previously had in the Supreme Court shall be allowed according to the Scale in Use in such latter Court.
XXXIII. It shall be lawful for any Person against whom an Action for Action for malicious Prosecution, illegal Arrest, illegal Distress, malicious
Prosecution, Assault, falso Imprisonment, Libel, Slunder, Seduction or other &e., brought Action of Tort, may be brought in the Supreme Court to make an in Supreme Affidavit, that the Plaintiff has no visible Means of paying the Court may be
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