ORDINANCE No. 15 of 1844.
Supreme Court.
proper name or names; nor for omitting to state, or erroneously stating, the time or place at which the offence was committed, in any case in which time or place is not of the essence of the offence, provided that the Court shall appear by the indictment or information to have had jurisdiction in the case; nor on the ground of any objection to the form or relevancy of the indictment or information which, if stated before the jury were impanelled, or during the process of the trial, might have been amended by the Court; nor because of any error committed in summoning the jury, or any of them; nor because any person who has served upon the jury has not been returned by the sheriff; nor because of any objection which might have been stated as a ground of challenge of any of the jurors, except the objection of minority.
112. And be it further enacted and ordained, that in all matters and proceedings in the said Supreme Court there shall be taken and allowed such fees as the Court shall from time to time order and direct; and that the fees specified in the schedule hereunto annexed, marked (No. 10), shall be the lawful fees to be taken and allowed in the said Court (other than in proceedings under the summary jurisdiction thereof as hereinafter provided), unless and until the Court shall otherwise order and direct. And all fees received by the Registrar, as well as those received by the inferior officers of the Court, shall be accounted for quarterly by them respectively to the Colonial Treasurer.
118. And be it further enacted and ordained, that the said Court 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 promise, injury to the person or property, or other matter, where the debt or damages sought to be recovered shall not exceed the sum of one 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; Provided, that no party shall be precluded or exempted from suing 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 husband shall not be resident within the said Colony of Hongkong.
114. And be it further enacted and ordained, that no cause of action or complaint which shall exist at any one time and shall amount in the whole to a sum exceeding the sum of one hundred dollars as aforesaid shall be split or divided, so as to be made the ground of two or more different actions or complaints, in order to bring such cases within the summary jurisdiction created by this Ordinance; but if the Chief Justice of the said Court 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 lawfully may: Provided, that if such plaintiff shall be satisfied to recover such sum as, according to this Ordinance, the summary jurisdiction of the said Court is made to extend to, in full of the whole of such his demand, then the said Chief Justice shall and may, if such plaintiff
Fees.
Summary Jurisdiction of Court,
79
No cause of action to be split, but the Court may decide thereon if plaintiff be satisfied to receive the sum awarded in full of all demands,
ORDINANCE No. 15 or 1844.
Supreme Court.
proper name or names; nor for omitting to state, or erroneously stating, the time or place at which the offence was committed, in any case in which time or place is not of the essence of the offence, provided that the Court shall appear by the indictment or information to have had jurisdiction in the case; nor on the ground of any objection to the form or relevancy of the indictment or information which, if stated before the jury were impannelled, or during the process of the trial, might have been amended by the Court; nor because of any error committed in summoning the jury, or any of them; nor because any person who has served upon the jury has not been returned by the sheriff; nor because of any objection which might have been stated as a ground of challenge of any of the jurors, except the objection of minority.
112. And be it further enacted and ordained, that in all matters and proceedings in the said Supreme Court there shall be taken and allowed such fees as the Court shall from time to time order and direct; and that the fees specified in the schedule hereunto annexed, marked (No. 10.) shall be the lawful fees to be taken and allowed in the said Court (other than in proceedings under the summary jurisdiction thereof as hereinafter provided), unless and until the Court shall otherwise order and direct. And all fees received by the Registrar, as well as those received by the inferior officers of the Court, shall be accounted for quarterly by them respectively to the Colonial Treasurer.
118. And be it further enacted and ordained, that the said Court shall have full power and authority to hear and determine in a summary way, and without the inter- vention of a jury, all disputes and differences between party and party, touching any matter of debt, breach of covenant or promise, injury to the person or property, or other matter, where the debt or damages sought to be recovered shall not exceed the sum of one 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; Provided, that no party shall be precluded or exempted from suing 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 husband shall not be resident within the said Colony of Hongkong.
114. And be it further enacted and ordained, that no cause of action or complaint which shall exist at any one time and shall amount in the whole to a sum exceeding the sum of one hundred dollars as aforesaid shall be split or divided, so as to be made the ground of two or more different actions or complaints, in order to bring such cases within the summary jurisdiction created by this Ordinance; but if the Chief Justice of the said Court 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 lawfully may: Pro- vided, that if such plaintiff shall be satisfied to recover such sum as, according to this Ordinance, the summary jurisdiction of the said Court is made to extend to, in full of the whole of such his demand, then the said Chief Justice shall and may, if such plaintiff
Fees.
Summary Jurisdiction of
Court,
79
No cause of action to be split, but the Court may decide thereon if plaintiff be satisfied to receive the sum awarded in full of all demands,
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