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THE HONGKONG GOVERNMENT GAZETTE, 15тп MARCH, 1862.
Court may dismiss
may be in the Form prescribed in the Schedule No. 1 hereunto annexed, or as near thereto as Circumstances will admit.
XVIII. It shall be lawful for the said Judge, and he is hereby empowered, to Action or Complaint dismiss any such Action or Complaint before him with Costs; and either on the Merits,
or without Prejudice to further or other Proceedings as he shall think fit.
with Costs.
Consequences of not proceeding under Summary Jurisdic- tion.
Plaintiffs and De- fendants to attend per- sonnally, unless un-
XIX. If any Action or Suit shall be commenced in the said Court of Summary Jurisdiction for any Debt or Damages other than hereinbefore excepted, not exceeding the Sun of Five Hundred Dollars, and recoverable under and by virtue of the Juris- diction hereby given, the Plaintiff in such Action or Suit shall not, by reason of any Verdict for him be entitled to any Costs whatsoever: and if the Verdict shall be given for the Defendant or Defendants in such Action or Suit and the Judge of the said Court shall think fit to certify that such Action or Suit ought not to have been brought and tried before him, then such Defendant or Defendants shall have double Costs and shall have such Remedy as he or they could have for his, her, or their Costs in any case by Law.
XX. No Person whatever shall be permitted to appear and act in any such Sum- mary Proceeding, for or on behalf of any Plaintiff or Defendant therein unless it shall avoidably prevented. be first proved to the Satisfaction of the Chief Justice of the said Supreme Court, that such Plaintiff or Defendant is prevented by some unavoidable Necessity, or some good. or sufficient Cause from attending such Court in Person.
Right of Parties to
be neys or Agents.
XXI. Whenever any Plaint or Suit shall be instituted under or by virtue of this he assisted by Attor- Ordinance for the Recovery of any Sum exceeding One Hundred Dollars, it shall and may be lawful for the Plaintiff or Defendant, to employ any Friend, Agent, or an Attorney of the Supreme Court, to assist at the Trial or Hearing of the Suit; and each Party shall respectively bear and defray the Expense incurred by the Employ-1 ment of his own Attorney, save and except when the Chief Justice shall certify that the Case was such as to render it fit and advisable for the Party or Parties obtaining a Decree or Order of the Court to have professional Assistance, and that he or they ought to be re-imbursed the Cost thereof in which case the Cost of the Employment of such Attorney or Attorneys shall be defrayed by that Party against whom the De- cree or Order shall be pronounced: And it is hereby provided, that in such Costs, no other or further Fee or Charge shall be allowed, either between Attorney and Client, or Party and Party, than those specified in the aforesaid Schedule hereunto annexed.
Witness not attend- ing and Persons guilty
nished.
XXII. The Provision contained in the 26th Section of Ordinance No. 6, with of Contempt how p:- respect to the Non-attendance of Witnesses pursuant to their Subpoenas, and to Per- sons guilty of a Contempt of Court, shall apply to and be in force as to all Matters and Proceedings in the Court of Summary Jurisdiction.
Perjury.
Execution.
XXIII. The Provisions contained in the 27th Section of Ordinance No. 6, made with respect to Persons guilty of wilful and corrupt Perjury shall apply to and be in force as to all Matters and Proceedings under the Summary Jurisdiction of the said Supreme Court.
XXIV. In each and every case in the Court of Summary Jurisdiction where the Judge thereof shall have made any Order or Decree for the Payment of Money, it shall be lawful for the said Judge, at the prayer of the Party so prosecuting such Or- der or Decree to issue a Writ or Precept signed by the said Judge which may be in the Form given in Schedule No. 1 hereunto annexed, which Writ or Precept shall be directed to one or more Bailiff or Bailiffs of the said Court, who is and are hereby authorized and empowered to levy the Amount thereof of the Goods, Chattels, and Ef- fects, Lands, Tenements, and Hereditaments of the Defendant, or to arrest the Defendant as the case may be: Provided that it shall be lawful for the said Chief Justice and he Foxer to appoint is hereby empowered and authorized, when thereto required by the Plaintiff in any Suit or Proceeding wherein such Writ or Precept may be issued, to appoint one or more Special Bailiff or Bailiffs, to be named by the said Plaintiff to execute such Writ or Precept upon receiving from such Plaintiff full and sufficient security against any improper Use or Abuse of such Writ or Precept.
special Bailiffs.
Orders and Decrees XXV. All such Orders and Decrees shall be carried into execution in may be executed any-
Dis- any where within the Co-trict or Place whatsoever within the said Colony, or in any Place within the Jurisdic- lony.
tion of the said Supreme Court, where the Defendant, his Goods, Chattels or Effects, Lands, Tenements, or Hereditaments, may be found or be met with: Provided that all Executions and Processes against the Property of the Defendant shall be executed after Sunrise and before Sunset, and that any Officer or Person executing the same at any other Time shall be liable to a Fine of not exeeding Fifty Dollars, which shall be set
Time of Levy.
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