98
Provisions as to Arrears of Rent.
THE HONGKONG GOVERNMENT GAZETTE, 29TH MARCH, 1862.
Proceedings,Orders,
&c., may be in Form
XIII. Having regard to the annual Amount aforesaid, where an Arrear of Six Months' Rent shall be due on cny Lands or Premises, and not paid after due demand, 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 Decree for putting such Landlord into possession, unless the Rent and Costs of Proceed- ings be paid within One Fortnight from the pronouncing of such Decree.
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XIV. The several Proceedings, Orders, Decrees, and Dismissals which shall be prescribed in Schedule taken, prosecuted, made and pronounced in the said Court of Summary Jurisdiction may be in the Form prescribed in the Schedule No. 1 hereunto annexed, or as near thereto as Circumstances will admit.
No. 1.
Court may dismiss
Action or Complaint
XV. It shall be lawful for the said Judge, and he is hereby empowered, to dismiss with or without costs, any Action or Complaint which may be brought before him either with or without Costs, and either on the Merits, or without Prejudice to further or other Proceedings as he shall think fit.
Consequences of not proceeding under
tion.
XVI. If any Action or Suit shall be commenced in the Supreme Court for any Debtor Summary Jurisdic- Damages other than hereinbefore excepted, not exceeding the Sum of Five Hundred Dollars, and recoverable under and by virtue of the Jurisdiction 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 Defen- dants in such Action or Suit, and the Chief Justice 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.
Plaintiffs and De- fendants to attend per-
sonally, unless un- avoidably prevented.
Right of Parties to
neys or Agents.
XVII. 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 where the Sum claimed does not exceed One Hundred Dollars, unless it shall be first proved to the Satisfaction of the Judge, that such Plaintiff or Defendant is prevented by some un- avoidable Necessity, or some good or sufficient Cause from attending such Court in
Person.
XVIII. Whenever any Plaint or Suit shall be instituted under or by virtue of this be 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, with the consent of the Judge, 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 Employment of his own Attorney, save and except when the Judge 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 Decree or Order shall be pronounced: And it is hereby provided, that in such case, no other or further Fee or Charge shall be allowed, either between Attorney and Client, or Party and Party, than those specified in the Schedule No. 2 hereunto annexed.
Witness not attend-
XIX. The Provision contained in the 27th Section of Ordinance No. 6 of 1845, ing and Persons guilty with respect to the Non-attendance of Witnesses pursuant to their Subpoenaes, and to Persons 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.
of Contempt, how pu- nished.
Perjury.
Execution.
Power to appoint Special Bailiffs.
XX. The Provisions contained in the 28th Section of Ordinance No. 6 of 1845, made with respect to Persons guilty of wilful and corrupt Perjury, and the provisions contained in the 4th Section of Ordinance No. 2 of 1860 as to Declarations, shall apply to and be in force as to all Matters and Proceedings in the said Court.
XXI. In each and every case in the said Court where the Judge 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 Order or Decree, to issue a Writ or Precept, 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 Effects, of the Defendant, or to arrest the Defen- dant as the case may be: Provided that it shall be lawful for the Judge, and he 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
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