80
No summary jurisdiction in certain cases.
Power to examine plaintiff's and defendants on oath and to award costs, &c.
Proceedings, orders &c. to be in form prescribed in schedule.
Court may dismiss action or complaint with costs, &c.
Consequences of not proceeding under summary jurisdiction.
ORDINANCE No. 15 OF 1844.
Supreme Court.
shall satisfactorily prove his case, make and pronounce an order or decree for such plaintiff for such sum as shall in such case be demanded by the process, so as such sum does not exceed the summary jurisdiction created by this Ordinance: and the same shall be expressed in such order or decree to be, and shall be, in full discharge of the whole of such demand, and shall be a full and complete bar to any other action or complaint, which may be brought or made thereon in the same or any Court whatever.
115. And be it further enacted and ordained, that nothing herein contained relating to the summary jurisdiction aforesaid shall extend to any debt being the disputed balance of an unsettled account originally exceeding one hundred dollars, nor to any debt, or supposed debt, for any money or thing won, or alleged to have been won, at or by means of any horse-race, cock-match, wager, or any kind of chance, gaming, or play, or to any debt for which there has not been a contract, acknowledgment, undertaking, or promise to pay, within three years before the taking out of the summons.
116. And for the better discovery of the truth, and the more speedily obtaining the end of such actions or complaints, be it further enacted and ordained, that it shall and may be lawful for the said Chief Justice to examine the plaintiff or plaintiffs, defendant or defendants, viva voce on their several corporal oaths; and that it shall be lawful for the said Chief Justice to award costs in all actions or complaints, heard and determined under the aforesaid summary jurisdiction, and to allow to the plaintiff or defendant, and to his, her, or their witnesses such reasonable sum or sums of money for his, her, or their attendance and loss of time as he the said Chief Justice shall think fit.
117. And be it further enacted and ordained, that the several proceedings, orders, decrees, and dismissals, which shall be taken, prosecuted, made, and pronounced in pursuance of the aforesaid summary jurisdiction, shall be in the form prescribed in the schedule hereunto annexed, marked (No. 11) or as near thereto as circumstances will admit.
118. And be it further enacted and ordained, that it shall be lawful for the said Chief Justice, and he is hereby authorized and empowered, to 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.
119. And be it further enacted and ordained, that if any action or suit shall be commenced in the Supreme Court of Hongkong for any debt, or damages, other than hereinbefore excepted, not exceeding the sum of one hundred dollars, and recoverable under and by virtue of the summary jurisdiction given by this Ordinance, the plaintiff or plaintiffs in such action or suit shall not by reason of any verdict for him, her, or them, or otherwise 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 Chief Justice of the said Court shall think fit to certify that such action or suit ought to have been brought and tried before him under the summary jurisdiction of the Court, then such defendant or defendants shall be entitled to costs.
80
No summary jurisdiction in certain cases.
Power to examine plaintiff's
and defendants
on oath and to award costs, &c.
Proceedings, orders &c. to be in form
prescribed in schedule.
Court may
dismiss action or complaint with costs, &c.
Consequences of not proceeding under summary jurisdiction.
ORDINANCE No. 15 OF 1844.
Supreme Court.
shall satisfactorily prove his case, make and pronounce an order or decree for such plaintiff for such sum as shall in such case be demanded by the process, so as such sum does not exceed the summary jurisdiction created by this Ordinance: and the same shall be expressed in such order or decree to be, and shall be, in full discharge of the whole of such demand, and shall be a full and complete bar to any other action or complaint, which may be brought or made thereon in the same or any Court whatever.
115. And be it further enacted and ordained, that nothing herein contained relating to the summary jurisdiction aforesaid shall extend to any debt being the disputed balance of an unsettled account orginally exceeding one hundred dollars, nor to any debt, or supposed debt, for any money or thing won, or alleged to have been won, at or by means of any horse-race, cock-match, wager, or any kind of chance, gaming, or play, or to any debt for which there has not been a contract, acknowledg- ment, undertaking, or promise to pay, whithin three years before the taking out of the
summons.
116. And for the better discovery of the truth, and the more speedily obtaining the end of such actions or complaints, be it further enacted and ordained, that it shall and may be lawful for the said Chief Justice to examine the plaintiff or plaintiffs, defendant or defendants, viva voce on their several corporal oaths; and that it shall be lawful for the said Chief Justice to award costs in all actions or complaints, heard and determined under the aforesaid summary jurisdiction, and to allow to the plaintiff or defendant, and to his, her, or their witnesses such reasonable sum or sums of money for his, her, or their attendance and loss of time as he the said Chief Justice shall think
fit.
117. And be it further enacted and ordained, that the several proceedings, orders, decrees, and dismissals, which shall be taken, prosecuted, made, and pronounced in pursuance of the aforesaid summary jurisdiction, shall be in the form prescribed in the schedule hereunto annexed, marked (No. 11.) or as near thereto as circumstances will admit.
118. And be it further enacted and ordained, that it shall be lawful for the said Chief Justice, and he is hereby authorized and empowered, to 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.
119. And be it further enacted and ordained, that if any action or suit shall be commenced in the Supreme Court of Hongkong for any debt, or damages, other than hereinbefore excepted, not exceeding the sum of one hundred dollars, and recoverable under and by virtue of the summary jurisdiction given by this Ordinance, the plaintiff or plaintiffs in such action or suit shall not by reason of any verdict for him, her, or them,
or otherwi
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 Chief Justice of the said Court shall think fit to certify that such action or suit ought to have been brought and tried before him under the summary jurisdiction of the Court, then such defendant or
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