706337-1870-GOVERNMENT-NOTIFICATION — Page 8

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THE HONGKONG GOVERNMENT GAZETTE, 17TH DECEMBER, 1879.

[30 & 31 Vic., *. 142 s. 7.)

(see 30 & 31 Vic., c. 142 10.]

Sum which he shall deem just and sufficient under the Circum- stances by Way of Remuneration to the Referee, and such Sum 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.

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 Statement and Defendant within such Time as aforesaid to file a written Answer Answer to to such Statement, and may frame Issues of Law and Fact for the be filed, and better Trial and Determination of the Cause.

may frame Issues.

XXIX. It shall be lawful for the Judge upon such Grounds as Power to he shall in his Discretion think sufficient, to review any Case or re-open Case. Proceeding determined by him, within One Month of such De- termination, (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-hear such Case or Proceeding wholly or in Part, and to take fresh Evidence, and to reverse, vary, or con- firm his previous Decision.

XXX. The Signature of the Judge shall not be required to Signature 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 in the Name and by Order of the Judge and are stamped required. no longer

with the Seal of the Court.

T

may hear any

XXXI. It shall be lawful for the Chief Justice if he shall think At Request of fit in case of the Illness or temporary Absence of the Judge, and the Judge, the at all Times at the Request of the Judge, to hear and determine Chief Justice any Cause pending in the Court and in every such Case so heard Case. and determined, the Decision of the Chief Justice shall be final.

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,

Justice may 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 not in the Court exceeding Five hundred Dollars, it shall be lawful for the De- of Sunuary fendant in the Action, within Eight Days from the Day upon Jurisdiction. which the Writ shall have been served upon him, 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 hy 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 s. Action for Malicious Prosecution, illegal Arrest, illegal Distress, Malicious

Assault, false Imprisonment, Libel, Slander, Seduction or other Prosecution, Action of Tort, may be brought in the Supreme Court to make an in Supremie Affidavit, that the Plaintiff has no visible Means of paying the Court may he Costs of the Defendant. should a Verdict be not found for the remitted to the Plaintiff, and thereupon the Chief Justice shall have Power to Court of make an Order that unless the Plaintiff shall within a Time to be Summary therein mentioned give full Security for the Defendant's Costs to the Chief the Satisfaction of the Registrar of the said Court, or satisfy the Justice. Chief Justice that he has a Cause of Action fit to be prosecuted in the Supreme Court, all Proceedings in the Action shall be stayed or in the Event of the Plaintiff being unable or unwilling to give such Security or failing to satisfy the Chief Justice as aforesaid, that the Cause be remitted for Trial before the Court of Summary Jurisdiction; and thereupon the Plaintiff shall lodge the Original Writ and the Order with the Clerk of the last mentioned Court, who subject to the Order of the Judge shall appoint a Day for the Hearing of the Cause, Notice whereof shall be sent by the Clerk to both Parties or their Attornies; and the said last-mentioned Court shall have all the same Powers and Jurisdiction with respect to the Cause as if the Sum in Dispute did not exceed Five hundred Dollars, and the Action had been originally commenced in the said Court, and the Costs of the Parties in respect of the 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 in the Supreme Court shall be allowed according to the Scale in Use in such latter Court.

&c., brought

Jurisdiction by