715040-1865-RULES-AND-ORDERS-FOR-REGULATING-THE-PRACTICE-OF-THE-COURT-OF-SUMMARY-JURISDICTION-OF-HONGKONG- — Page 9

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THE HONGKONG GOVERNMENT GAZETTE, 10TH JUNE, 1863.

LXXIX.

If after the case has been delivered, the appellant do not prosecute his appeal with due diligence according to the practice of the Supreme Court the successful party may apply to the Judge for leave to proceed on the judgment, and leave for that purpose may be granted accordingly, if the Judge shall think fit; and the successful party shall also be entitled to such costs as he shall have incurred in con- sequence of the appellant's proceedings; which costs shall be added to the judgment.

LXXX.

When the Supreme Court has pronounced judgment, either party may deposit the Original Order of that Court or an office copy thereof with the Clerk of the Court of Summary Jurisdiction and within fourty-eight hours from the time of such deposit send a notice thereof to the other party.

LXXXI.

A new trial in pursuance of the order of the Supreme Court, shall be entered for trial at the Court of Summary Jurisdiction which shall be holden next after twelve clear days from the time when such Order or office copy thereof shall have been deposited as aforesaid, unless the parties agree that it shall take place sooner, or the judge otherwise order.

LXXXII.

2

If the order of the Supreme Court be that judgment shall be entered for either party then such judgment shall be entered accordingly, and the successful party shall be at liberty to proceed on such judgment as on a judgment of the Court of Summary Jurisdiction.

Abatement of Action. LXXXIII.

Where one or more of several Plaintiffs or Defendants shall die before judgment, the suit shall not abate, if the cause of action survive to or against the surviving parties respectively.

LXXXIV.

Where one or more of several Plaintiff's or Defendants shall die after judgment, proceedings thereon may be taken by the Survivors or Survivor or against the Survivors or Survivor without leave of the Court. LXXXV.

Where a married woman is sued as a feme sole, and she obtains Judgment on the ground of coverture and that her husband was resident within the Colony at the time of action brought, proceedings may be taken upon such Judgment in the name of the wife, at the instance of the husband, without leave of the Court.

Arbitration.

LXXXVI.

The Judge may in any case with the consent of both parties to the suit, order the same to be referred to arbitration to such person or persons, and in such manner, and on such terins as he shall think fit, and the award shall be entered as the judgment in the cause and shall be as binding and effectual to all intents as if given by the Judge; provided that the Judge may, if he think fit, on application to him at the first Court held after the expiration of one week after the entry of such award, set aside the same or make such other order in that behalf as he may deem reasonable and just.

Forms.

LXXXVII.

In proceedings for which forms are not provided in the Schedules, the Clerk of the Court shall frame the forms required, using as guides those so provided.

Passed the Legislative Council of Hongkong, this 3rd Day of June, 1865.

L. D'ALMADA E CASTRO,

Clerk of Councils.