82
THE HONGKONG GOVERNMENT GAZETTE, 15TH MARCH, 1862.
Orders to be final,
Actions against Officers, &c.
General Issue.
of Form.
Instalment agreeably to such Order, in every such case the Plaintiff may proceed to take out Execution for the Amount of such Order or Decree and the Costs and Charges thereof then remaining due and unsatisfied in like Manner as if no such Order as afore- said had been made.
XXXII. All Orders and Decrees or other Decision, so to be made or ponounced in any such Summary Proceeding as aforesaid, shall be final and conclusive.
XXXIII. In case any Action or Suit shall at any Time hereafter be commenced or brought against any Officer of the said Court of Summary Jurisdiction or against any other Person for anything done in pursuance of or under the Authority of this Or- dinance, it shall be lawful for such Officer or other Person in every such Suit or Action to plead the general Issue, and give this Ordinance and the special Matter in Evidence; and in case the Plaintiff in such Action or Suit shall have a Verdict pass against him or be non-suit or discontinue his Action or Suit, the Defendant shall, in any of the said Cases, be allowed double Costs.
Proceedings not to XXXIV. No Action or Complaint or other Proceeding under the Summary Ju- he set aside for want risdiction given by this Ordinance, shall be treated or considered as invalid or subject to be set aside, on account of any verbal or technical Error; but all Errors and Mis- takes not having a tendency to mislead the opposite Party, shall and may in all Cases be amended or altered by the Court.
Allowance and Re- covery of Fees.
XXXV. And be it further enacted and ordained, That in all Actions and Com- plaints or other Proceedings in the Court of Summary Jurisdiction created by this Or- dinance, the Fees specified by the Schedule No. 2 hereunto annexed, shall, unless and until otherwise ordered and directed, be established and be deemed and taken as the lawful Fees and Emoluments of the said Court and of the Attornies thereof for the Dis- charge of the several Duties therein specified; and the Judge of the same Court shall have full Power to compel the Payment of the said Fees of the said Court in a Sum- mary Way by Order, and on Non-payment, by Warrant of Distress and Sale under his Hand and sealed with the Seal of the Court; and the said Fees shall be received and ac- and account for Fees. counted for by the Registrar of the said Court and be paid over quarterly to the Co-
lonial Treasurer for the Public Uses of the said Colony.
*
Registrars to receive
The Judge of Court
of Summary Jurisdie- tion to preside in all such Causes in the Supreme Court as the Chief Justice shall di- rect.
be valid as Acts of the Supreme Court.
XXXVI. The said Judge of the Court of Summary Jurisdiction shall in addition to his Duties as such Judge have full Power to preside at the Trial of all such Causes to be tried before a Jury and to hear and determine all such other Causes, Matters and Things which shall be at any Time dependent in the said Supreme Court whether at Law or in Equity, or upon Appeal from any Consular Court in China or Japan, and also in all Matters incident to any Ministerial Office of the said Court or which have been or shall be legally submitted to the said Supreme Court or to the Chief Justice thereof, Chief Justice for the Time being shall from Time to Time direct; and all Proceedings, All Proceedings and Decrees, Orders and Acts of such Judge of the Court of Summary Jurisdiction so to be Decrees before him to had, made or done shall be deemed and taken respectively, as the nature of the Case shall require, Proceedings, Decrees, Orders and Acts of the said Supreme Court, and shall have force and validity and be executed accordingly, subject in every case to be rever- sed, discharged, or altered by the Chief Justice: Provided that no such Proceedings, De- crees, Orders or Acts shall be valid unless and until the same shall be sealed with the Proviso that no De- Seal of the said Supreme Court: Provided also that the said Judge of the Court of Summary Jurisdiction when so sitting for the Chief Justice as aforesaid shall have no Power or Authority to discharge reverse, or alter any Decree, Order, Act or Thing made or done by the said Chief Justice for the Time being, unless authorized by him so to do. XXXVII. Such Judge of the Court of Summary Jurisdiction shall sit for and in sit for Chief Justice the place of the said Chief Justice whenever he shall require him so to do, either during the Absence or Illness of the said Chief Justice or in aid of such Chief Justice and at the same time in a different Court as the said Chief Justice shall require.
cree, &c., of Chief
Justice shall be rever- sed by such Judge.
Such Judge also to
during his Absence or Illness.
Power to mak:Rules and Orders.
Interpretation Clause.
XXXVIII. It shall and may be lawful for the Judge of the Court of Summary Jurisdiction with the consent of the Chief Justice of the said Supreme Court, from Time to Time, by any general Rule or Order, to make such further Regulations for the effectual Execution of this Ordinance as shall seem fit and necessary.
XXXIX. In the Construction of this Ordinance, wherever in describing any Per- son or Party, Matter or Thing, the Word importing the singular Number or mascu- line Gender only is used, the same shall be understood to include and shall be applied to several Persons or Parties as well as one Person or Party, and Females as well as Males, and several Matters or Things as well as one Matter or Thing respectively, unless there be something in the Subject or Context repugnant to such Construction.
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