719069-1862-HONGKONG-ANNO-VICESIMO-QUINTO-VICTORIE-REGINE-NO-OF-1862- — Page 3

THE HONGKONG GOVERNMENT GAZETTE, 15TH MARCH, 1862.

whole of his Demands, then the said Judge shall and may entertain the Complaint of such Plaintiff, and in case any Order shall be made in favour of such Plaintiff, the same shall be expressed to be, and shall be, in full Discharge of the whole of sucli Demand, and shall be a full Discharge of the whole of such Demand, and any Decision of the said Court upon or in respect of such Complaint or Action shall be a full and com- plete bar to any other Action or Complaint which may be brought or made thereon in the same or any Court whatever.

be as in

79

XII. The said Judge of the said Court of Summary Jurisdiction shall have Autho-Writs of Capias ad rity to issue Writs of Capias ad Respondendum in respect of Claims not exceeding Five Respondendum may Hundred Dollars, and shall have all such Powers and Authorities as to such Writs as preme Court. before the passing of this Ordinance were vested in the Chief Justice by virtue of Ordinance No. 6 of 1845, and the Forms of Procedure heretofore in use in the Supreme Court as to such Claims shall be adopted by the Court of Summary Jurisdiction with such Alterations as the Judge of such Court shall deem proper. The Fees of Court and Costs, in respect of such Proceedings shall be the same as heretofore allowed.

ment may be issued

XIII. The said Judge of the said Court of Summary Jurisdiction shall have such Writs of Attach- and the like Powers to issue Writs of Foreign Attachmert in respect of Debtors to an as in Supreme Court. Amount not exceeding Five Hundred Dollars being absent from this Colony as before the passing of this Ordinance were vested in the Supreme Court of Hongkong by Ordi nance No. 2 of 1855, and the Forms of Procedure heretofore used in the Supreme Court in respect of such Writs and Proceedings shall be adopted by the said Court of Sum- mary Jurisdiction with such Alterations as to the said Judge shall secin proper. The Fees of Court and Costs of Proceedings in the Court of Summary Jurisdiction in respect of Writs of Attachment shall be One-half of those heretofore allowed.

XIV. It shall be lawful for the said Judge of the Court of Summary Jurisdiction to award Costs in all Actions or Complaints where the amount recovered shall exceed One Hundred Dollars be heard and determined under the aforesaid Summary Jurisdic- tion, and to allow to the Plaintiff or Defendant, and to his, her, or their interests in all Cases such reasonable Sum or Sums of Money for his, her, or their Attendance and Loss of Time as he the said Judge shall think fit.

ments not exceeding

able by Plaint in the

glect to appear or re-

proof of Service of

XV. When the Term and Interest of the Tenant of any Lands or Tenements where Possession of Tene- the Value of the Premises or the Rent payable in respect of such Tenancy did not exceed Five Hundred Dollars the annual Sum of Five Hundred Dollars, shall have ended or shall have been duly per Annum, recover- determined by a legal Notice to quit, and if such Tenant or Occupier of the same or any Court of Summary part thereof shall neglect or refuse to quit and deliver up possession of the Premises or Jurisdiction. of such part thereof respectively, it shall be lawful for the Landlord or his Agent to enter a Plaint (after the Form in the Schedule No. 1 hereunto annexed) in the Court of Summary Jurisdiction, and thereupon a Summons shall issue to the Person so neglect- ing or refusing; and if the Tenant or Occupier shall not thereupon appear at the Time If Tenant, &c., nê- and Place appointed and show Cause to the contrary, and shall still neglect or refuse to use to give posses- deliver up possession of the Premises to the Landlord or his Agent, it shall be lawful sion, Court may, on for such Landlord or Agent to give Proof to the Court of the holding, and of the end or Summons, issue a War- other determination of the Tenancy, with the Time or Manner thereof, and, where the Ti- rant to enforce the tle of the Landlord has accrued since the letting of the Premises, the Right by which he claims the possession; and upon Proof of Service of the Summons and of the neglect or refusal of the Tenant or Occupier, the Court may issue a Warrant to the Bailiff of the said Court requiring and authorizing him, within not less than Seven or more than Ten clear Days froin the Date of such Warrant to give possession of the Premises to such Landlord or Agent; and such Warrant shall be a sufficient Authority to such Bailiff to enter upon the Premises with such Assistants as he shall deem necessary, and to give possession accordingly: Provided that no such Entry be made on a Sunday, Good Fri- day, or Christmas Day, or except between the Hours of Nine in the Morning and Four in the Afternoon.

same.

Arrears of Rcut.

XVI. Having regard to the annual Amount aforesaid where an Arrear of Twelve Provisions as to Month's Rent shall be due on any Lands or Premises, the same being reserved by Lease or Agreement in writing and not paid after due demand, or where Six Months of such Rent shall be in arrear, and no sufficient Distress on the Lands or Premises to satisfy such arrear, it shall be lawful for the Landlord to proceed in Manner aforesaid, and for the Court to make a Decree for putting such Landlord into possession, unless the Rent and Costs of Proceedings be paid within One Fertnight from the pronouncing of such Decree.

Proceedings,Orders,

XVII. The several Proceedings, Orders, Decrees, and Dismissals which shall be &c., to be in Form taken, prosecuted; made and pronounced in the said Court of Summary Jurisdiction prescribed in Schedule

No. 1.