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THE HONGKONG GOVERNMENT GAZETTE, 15TH MARCH, 1862.
Summary Jurisdiction
Manner.
Judge of Court of V. The sad Court of Summary Jurisdiction shall be holden by and before a Judge to be appointed and by thereof to be called the Judge of the Court of Summary Jurisdiction of Hongkong and whom and in what its Dependencies, who shall be a Barrister-at-Law in England or Ireland or an Advocate of Law in Scotland of not less than Five Years standing and shall be appointed by His Excellency the Governor. Such Judge shall hold his Office during the Pleasure of Her Majesty, subject to Suspension by the Governor in like Manner as other Officers in the Colony: Provided that until the said Office should be so filled up, or in case the said Temporary appoint- Office shall become vacant by Death or otherwise, or in case of the temporary Illness ment may be made. or Absence of the said Judge it shall be lawful for the Governor to appoint any fit and proper Person, being such Barrister or Advocate as aforesaid, temporarily to fill the Chief Justice em- said Office so long as shall be necessary or proper: Provided also that whenever the Judge of the said Court. Chief Justice of the Colony shall think it proper or expedient to sit as sole Judge of the said Court he shall be entitled so to do, and that then and so often as he shall so sit, all the Powers and Authorities of the Judge of the Court of Summary Jurisdiction shall rest in him.
powered to sit as sole
Court to be a Court of Record and to use a Scal.
If Judge accepts other Place of Profit
VI. The said Court of Summary Jurisdiction shall have and use as occasion may require a Seal bearing a Device and Impression of the Royal Arms in a Label with this Inscription: "The Seal of the Court of Summary Jurisdiction of Hongkong," and every Summons and other Process to issue thereout shall be sealed with such Seal.
VII. In case the Judge of the said Court of Summary Jurisdiction other than a or Emolument he shall Judge appointed for a temporary Purpose shall accept, take, or perform any other cease to be entitled to Office or Place of Profit or Emolument he shall cease to be entitled to any Salary or
Emolument as such Judge as aforesaid so long as he shall hold such other Place.
his Salary.
ed.
Proper Officers of
VIII. Such necessary and proper Officers as to the Governor for the Time being Court may be appoint of the Colony shall appear necessary, shall be appointed by him, and such Officers shall hold their several Offices during the Pleasure of Her Majesty, subject to Suspension by the Governor in like Manner as is usual as to other Officers of the said Colony.
Officers of Supreme Court to do like Ser-
Supreme Court.
IX. All Officers of the Supreme Court, who have usually attended the said Supreme vices thereto as they Court sitting in its Summary Jurisdiction, or who have usually served any Process or have heretofore done to done any Service for or in respect of the said Supreme Court sitting in its Summary Jurisdiction shall so far as practicable attend the said Court of Summary Jurisdiction hereby appointed and the Judge thereof, and shall serve the Processes of and shall do the like Services for and in respect of the said Court of Summary Jurisdiction as they have respectively done for or in respect of the said Supreme Court sitting in its Summary Jurisdiction.
Jurisdiction of Judge.
No Cause of Action to be split, but the
willing to receive the
of all Demands.
X. The Judge of the Court of Summary Jurisdiction shall have full Power and Authority to hear and determine in a Summary Way, and without the Intervention of a Jury, all Disputes and Differences between Party and Party touching any Matter of Debt, Breach of Covenant or Contract or Promise, Injury to the Person or Property, or other Matter, and of Libel or Slander, and also of Partnership and Joint Accounts, and of Equitable Rights involving pecuniary Claims only in all Cases respectively, the Debt or Damages or Balance sought to be recovered shall not exceed the Sum of Five Hundred Dollars, except the Matter in question shall relate to the Title of any Lands, Tenements, or Hereditaments, or to the taking of any Duty payable to Her Majesty, or to any Fee of Office or other Matter where Rights in future might be bound, or to any general Right or Duty. But the said Court shall not have Power to hear or deterinine any Matter or Question, which arose more than Three Years since, unless there has been some Contract, Acknowledgement, Undertaking, or Promise to pay in respect thereof by the Party to be charged within Three Years before the filing of the Plaint: Provided that no Party shall be precluded or exempted from seeing or being sued under the aforesaid Summary Jurisdiction by reason of his or her not having attained the full age of Twenty-one Years or by reason of Coverture where the Hus- band shall not be resident within the said Colony of Hongkong.
XI. No Cause of Action or Complaint which shall exist at any one Time, amount Court may decide in the whole to a Sum exceeding Five Hundred Dollars as aforesaid, shall be split or thereon, if Plaintiff is divided so as to be made the ground of two or more different Actions or Complaints, Sum awarded in full in order to bring such Cases within the Summary Jurisdiction created by this Ordi- nance; but if the said Judge of the said Court of Summary Jurisdiction shall find that the Plaintiff in any Case shall have split his Cause of Action or Complaint as aforesaid, he shall dismiss the said Action or Complaint with the ordinary Costs of a Dismissal, without Prejudice however to the Plaintiff's Right to sue upon such Cause of Action or Complaint in such other Manner as he may be advised: Provided that if such Plaintiff shall be satisfied to recover a Sum not exceeding Five Hundred Dollars, in full of the
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