the-ordinances-of-the-legislative-counci-1890 — Page 343

ORDINANCE No. 6 OF 1855 . 307


Common Law Procedure.


No. 6 of 1855.

An Ordinance for the Amendment of the Civil Administration Title.
[See Ord. No.
of Justice. 5 of 1856, and
Ord. No. 13 of
[ 25th August, 1855. ] 1873.]

Preamble.
HEREAS it is expedient that the practice and procedure of the 15 & 16
WH Vict. c . 76.
Supreme Court should be amended , and that certain provisions
17 & 18
of " The Common Law Procedure Act, 1852 ," and " The Common Law Vict. c. 125 .

Procedure Act, 1854 ," be adopted : Be it therefore enacted and ordained
by His Excellency the Governor of Hongkong, with the advice of the
Legislative Council thereof, as follows :

Trial without Jury. -Arbitration.

1. The parties to any cause may, by consent in writing, signed by Court may, by
consent, try
them or their attornies or agents, as the case may be, leave the decision questions of
fact.
of any issue of fact to the Court, provided that the Court, upon a rule to
show cause, shall, in its discretion , think fit to allow such trial ; and such

issue of fact may thereupon be tried and determined, and damages
assessed where necessary , in open Court, either in term or vacation, by
the Court ; and the verdict of such Court shall be of the same effect as

the verdict of a jury, save that it shall not be questioned upon the ground
of being against the weight of evidence ; and the proceedings upon and
after such trial , as to the power of the Court, the evidence, and other
wise , shall be the same as in the case of trial by jury.
2. If it be made appear, at any time after the issuing of a writ, Power to
Court to
(commencement of action , ) to the satisfaction of the Court, upon the direct
arbitration
application of either party , that the matter in dispute consists wholly or before trial.
in part of matters of mere account which cannot conveniently be tried
in the ordinary way, it shall be lawful for such Court, upon such appli
cation, if it think fit, to decide such matter in a summary manner, or to

order that such matter, either wholly or in part, be referred to an arbi
trator appointed by the parties, or to an officer of the Court, upon such
terins as to costs and otherwise as such Court shall think reasonable ; and

the decision or order of such Court, or the award or certificate of such
referee , shall be enforceable by the same process as the finding of a jury
upon the matter referred .

3. If it shall appear to the Court that the allowance or disallowance Special case
may be
of any particular item or items in such account depends upon a question
stated, and
question of
of law fit to be decided by the Court, or upon a question of fact fit to be fact tried.