the-ordinances-of-the-legislative-counci-1890 — Page 116

80 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.
No summary
jurisdiction in 115. And be it further enacted and ordained, that nothing herein contained
certain cases.
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.

Power to 116. And for the better discovery of the truth, and the more speedily obtaining
examine
plaintiff's the end of such actions or complaints, be it further enacted and ordained , that it shall
and defendants
on oath and to
award costs, &c. and may be lawful for the said Chief Justice to examine the plaintiff or plaintiffs ,
defendant or defendants, vivá 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.

Proceedings, 117. And be it further enacted and ordained , that the several proceedings, orders ,
orders &c. to be
in form decrees, and dismissals, which shall be taken, prosecuted, made, and pronounced in
prescribed in
schedule.
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.
Court may 118. And be it further enacted and ordained , that it shall be lawful for the said
dismiss action or
complaint with Chief Justice, and he is hereby authorized and empowered, to dismiss any such action
costs, &c.
or complaint before him with costs, and either on the merits, or without prejudice to
further or other proceedings, as he shall think fit.

Consequences of 119. And be it further enacted and ordained, that if any action or suit shall be
not proceeding
under summary
jurisdiction. 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