New Territories.
[CAP. 97
finds that the plaintiff in any case has split his cause of action as aforesaid he shall dismiss the action, without prejudice to the plaintiff's right to sue upon the cause of action in such other manner as he may be advised : Provided that if such plaintiff is satisfied to recover a sum not exceeding one thousand dollars then the magistrate shall entertain the action of such plaintiff, and in case any order is made in his favour the same shall be expressed to be, and shall be, in full discharge of the whole cause of action.
[61]
of person to
54. It shall be lawful for the magistrate before whom a claim under this Part is heard to appoint any fit person to execute any process of the court in respect of such claim.
[62]
process.
may be sold
near place of
at or seizure.
55. Any goods or chattels seized under a distress warrant issued by the authority of a magistrate in respect of any claim under this Part may be sold by the bailiff or other officer executing such warrant at or near the place of the seizure of such goods.
[63]
respect of
seized.
56. Where a claim is made to or in respect of property taken in execution under this Part by any person other than the party against whom such execution issued, such claim shall be heard and determined by the magistrate upon a summons calling before him as well such claimant as the party on whose behalf such execution issued, and the decision upon such claim shall be final.
[64]
jurisdiction.
62 of 1948, s.2.
57. No action or proceeding for sums not exceeding one thousand dollars which might be brought under this Part before a magistrate shall be brought in the summary jurisdiction of the Supreme Court unless by the leave of the magistrate or with the consent of the defendant.
[65]
against
58. No action or proceeding against any officer of the Government in his official capacity shall be brought under this Ordinance unless with the consent of the Attorney General.
[67]
59. Any magistrate holding a court under this Part, if in his opinion any action or matter brought before him is of sufficient importance to be dealt with by the Supreme Court, may decline to proceed with the same and in such
85
Provision as Court.
to Supreme
$
New Territories.
[CAP. 97
finds that the plaintiff in any case has split his cause of action as aforesaid he shall dismiss the action, without prejudice to the plaintiff's right to sue upon the cause of action in such other manner as he may be advised : Provided that if such plaintiff is satisfied to recover a sum not exceeding one thousand dollars then the magistrate shall entertain the 62 of 1948, s.2. action of such plaintiff, and in case any order is made in his favour the same shall be expressed to be, and shall be, in full discharge of the whole cause of action.
[61]
of person to
54. It shall be lawful for the magistrate before whom Appointment a claim under this Part is heard to appoint any fit person execute to execute any process of the court in respect of such claim.
[62]
process.
may be sold
near place of
at or seizure.
55. Any goods or chattels seized under a distress Goods seized warrant issued by the authority of a magistrate in respect of any claim under this Part may be sold by the bailiff or other officer executing such warrant at or near the place of the seizure of such goods.
[63]
respect of
seized.
56. Where a claim is made to or in respect of property Claims in taken in execution under this Part by any person other than property the party against whom such execution issued, such claim shall be heard and determined by the magistrate upon a summons calling before him as well such claimant as the party on whose behalf such execution issued, and the decision upon such claim shall be final.
[64]
jurisdiction.
62 of 1948, s.2.
57. No action or proceeding for sums not exceeding Exclusive one thousand dollars which might be brought under this Part before a magistrate shall be brought in the summary jurisdiction of the Supreme Court unless by the leave of the magistrate or with the consent of the defendant.
[65]
against
58. No action or proceeding against any officer of the No action Government in his official capacity shall be brought under officer of this Ordinance unless with the consent of the Attorney without General.
Government
consent.
[67]
59. Any magistrate holding a court under this Part, if in his opinion any action or matter brought before him is of sufficient importance to be dealt with by the Supreme Court, may decline to proceed with the same and in such
85
Provision as Court.
to Supreme
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