COURT OF SUMMARY JURISDICTION ORDINANCE
Title
COURT OF SUMMARY JURISDICTION ORDINANCE
Description
Court of Summary Jurisdiction.
No. 7 of 1862.
An Ordinance to establish a Court of Summary Jurisdiction, and to
authorize the appointment of a Judge thereof.
[22nd March, 1862.]
WHEREAS the business of the Supreme Court of Hongkong, has of late greatly
increased, and it is necessary to relieve the Chief Justice from some of
his
judicial duties, and otherwise to afford to him aid in the administration
of justice:
And whereas the business o£ the Police Courts has also greatly increased,
and it is
desirable to relieve such Courts of all proceedings of a civil nature:
And whereas for
the purposes aforesaid, it is desirable to appoint a Judge to be called
the Judge of the
Court of Summary Jurisdiction: $e it therefore enacted by His Excellency
the
Governor of Hongkong, with the advice of the Legislative Council thereof,
as
follows:-
1. Ordinance No. 9 of 184, No. 3 of 1849, No. 5 of 1$54, and No. 10 of
1857 are
hereby repealed.
2; A Court, for the trial and .decision of causes hi a summary manner by
the
Judge thereof, shall be and is hereby constituted, which Court shall be
called the Court
of Summary Jurisdiction, and the said Court shall be a Court of Record.
3. The jurisdiction of the Supreme Court in its Summary Jurisdiction shall cease sn,nluary Jurla-
and determine, and the same is hereby transferred to the said Court of Summary
Jurisdiction hereby constituted.
ORDINANCE \?o. 7 or, 186.
Court, of Summary Jurisdiction.
cs0n.rnriga;vtson 4. The jurisdiction of the Chief Magistrate and
Assistant Magistrate, or of any
oP3fagistratos
i,'ansfert'ea. Police Magistrate and of Justices of the Peace, of,a civil
nature, shall cease and deter-,
mine, and the same is hereby transferred to the said Court of Summary
Jurisdiction.
hereby constituted.
,lnslge of Court
of aamtnary
1nt9sdict7on to
be appointed.
seal of Court.
Jurisdiction of
Judge,
No 'Ilse of
xenon to be apiit.
{Spy Ord. No. 1
0 1871, sec 35.1
~, The said Court of Summary Jurisdiction shall be holden by and before a
Judge
thereof, to be called the Judge of the Court of Summary Jurisdiction of
Hongkong,
who shall be a barrister-at-law in England or Ireland or an advocate in
Scotland of
not less than five years standing: Provided that, in case of the death,
temporary
illness, or absence of the said Judge, it shall be lawful for the
Governor to appoint any
fit and proper person temporarily to discharge the duties of the said
office.
6, The said Court of Summary Jurisdiction shall have and use, as occasion
may
require! a seal bearing a dovice and impression of the Royal Arms with
the inscription:
'Court of Summary Jurisdiction. $ongkong.'-and every summons and other
process
issued thereout, shall be stamped with such seal.
7, The Judge of the Court of Summary Jurisdiction 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, broach of covenant or contract or promise, injury to the. person or
property, or
other hatter: Provided that, in all cases respectively, the debt or
damages or balance
sought to be recovered shall not exceed the sum of five hundred dollars,
and that the
matter in question shall not relate to the title to any lands, tenements,
or hereditaments,
nor to the taking of any duty payable to Her Majesty, nor to any fee of
office or other
matter where rights in fictzcro may be bound, nor to any general right or
duty:
Provided also, that the said Court shall not have power to hear or
determine any
platter or question, which arose morn than three years before the hearing
thereof,.
unless there has been some contract, acknowledgment, undertaking, or
promise to pay
.in respect thereof by the party to be charged within three years before
the filing of
the plaint: Provided also, that no party shall be precluded or exempted
from suing
or being sued in 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.
$, No cause of action or complaint which shall exist at any one time,
amounting
in the whole to a sum exceeding five 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 Judge of the Court of Summary Jurisdiction 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 may be advised: Provided that if such plaintiff shall
be satisfied
to recover a sum not exceeding five hundred dollars, in full of the whole
of leis demand,
ORDINANCE fro. 7 of 186?.
Court of Summary Jurisdiction.
then the said Judge shall and may entertain the complaint of such
plaintiff, and in
~case any order shall be made in favour of such plaintiff, the same shall
be expressed to
be, and shall be, in full discharge of the whole of such demand.
8. Except by consent or by leave of the Court, no cause or matter within
the
Summary Jurisdiction shall be set down for hearing before at least two
clear days
from the service of the summons where the sum claimed shall be more than
fifty
dollars, nor before twenty-four hours where the sum claimed shall be
fifty dollars or
less than that sum. And, except by consent or by leave of the Court, it
shall not be
,competent to the defendant to enter into any special defence such as
'set off'
'illegality' 1°want of consideration,' or the 'Statute of Limitations,'
unless at least
twelve hours' written notice thereof has been first given to the
plaintiff or his attorney.
10. The Judge of the Court of Summary Jurisdiction shall have authority
to issue
writs of capias ad respondendum in respect of claims exceeding fifty
dollars, and not
exceeding five hundred dollars, and shall have all such powers and
authorities as to
such writs as before the passing of this Ordinance were vested in the
Chief Justice by
virtue of Ordinance No. 6 of 1845, and the forms of procedure heretofore
in use in the
.Supreme Court as to such claims shall be adopted by the Court of Summary
Jurisdictipn,
with such alterations as the Judge of such Court shall deem proper. The
fees of Court
.and costs, in respect of such proceedings, shall be the swine as are at
present allowed.
11. It shall be lawful for the Judge of the Court of Summary Jurisdiction
to costs.
award costs in all actions or complaints as he may think proper; and also
to allow such
reasonable sum or sums of money for the attendance and loss of time of
parties and
witnesses as 'he the said Judge shall think fit.
12. When the term and interest of the tenant of any lands or tenements
where
the value of the premises or the rent payable in respect of such tenancy
did not exceed.
the anniual value of five hundred dollars, shall have ended or shall have
been duly
determ nod by a legal notice to quit, and if such tenant or occupier of
the same or any
part thereof shall neglect or refuse to quit and deliver up possession of
the premises or
part thereof respectively, it shall be lawful for the landlord or his
agent to enter a,
plaint in the said Court, and thereupon a summons shall issue to the
person so neglect-
ing or refusing; and if the tenant or occupier shall not thereupon appear
at the time
and place appointed and show cause to the contrary, and shall still
neglect or refuse to
deliver lip possession of the premises to the landlord or his agent, and
pay the costs
incurred, it shall be lawful for such landlord or agent to give proof to
the Court of the
holding, and of the. end or other determination of the tenancy, with the
time or manner
thereof, and, where the title of the landlord has accrued since the
letting of the
premises, the right by which he claims the possession; and upon proof of
service of
the suminoris and of the neglect or refusal of the tenant or occupier,
the Court may
issue a warrant to the bailiff of the said Court requiring and
authorizing him, within
not less than seven or more than ten clear days from the date of- such
warrant to give
possession of the premises to - such landlord or agent; and such warrant
shall be a
:votive of action,
and special
defences.
if rita of captnsa<t
reaparldtndarn
play be issue as
in supreme
Court.
Possession of
tenements not
exceeding five
liandred dollars
per annnnl, re-
coverableinthe
Court of Sum.
roary Jnrisllio.
lion.
If tenant, Cc.,
neglect to appear
or refuse to give
possession, Court
may, on proof W '
service of sum-
mons, issue a
warrant to
enforce the same.
ORDINANCE No. ;- or 18G2.
Court of Summary Jurisdiction.
sufficient authority to such bailiff to enter upon the premises with such
assistants as
he shall deem necessary, and to give possession accordingly: Provided
that no such
entry be made on a Sunday, Good Friday, or Christmas Day, or except
between the
hours of nine in the morning and four in the afternoon.
1>rnviHionR ay t) 13. Having regard to the annual amount aforesaid, where
an arrear of six months''
arrears Of rent. rent shall be due on any lands or premises, and not paid
after due demand, and no,
sufficient distress on the lands or premises to satisfy such arrear, it
shall be lawful for
the landlord to proceed in manner aforesaid, and for the Court to make a
decree for
putting such landlord into possession, unless the rent and costs of
proceedings be paid
within one fortnight from the pronouncing of such decree.
Ctmsa<lueneas
of trot procead-
iny; unties 8nnr-
tnnry .ruriadlc-
tion.
Plaintiffs sod
defendants to
attend personal-
ly, unless un-
avoidably pro-
vented.
liis;ht of parties
to be assisted by
attorneys or
gents.
Proceedings, or- 14. The several proceedings, orders, decrees, and
dismissals which shall be taken,
tiers, &c., may
be in 'Perm pre- prosecuted, made and pronounced in the said Court of
Summary Jurisdiction may be
scribed in sche-
dule No. 1. in the form prescribed in the schedule No. 1 hereunto annexed,
or as near thereto as
circumstances will admit.
Court rung din- 15. It shall be lawful for the said Judge, and he is
hereby empowered, to dismiss.
miss action or
complaint With any action or complaint which may be brought before him
either with or without costs,
or without coats.
and either on the merits, or without prejudice to further or other
proceedings as he
shall think fit.
16. If any action or suit shell be commenced in the Supreme Court for any
debt or
damages other than hereinbefore excepted, not exceeding the sum of five
hundred dollars,.
and recoverable under and by virtue of the jurisdiction hereby given, the
plaintiff in
such action or suit sh'a.ll not, by reason of any verdict for him, be
entitled to any costs.
whatsoever : and if the verdict shall be given for the defendant or
defendant', in such
action or snit, and the Chief Justice of the said Court shall think fit
to certifyahat such
action or suit ought not to have been brought and tried before him, then
such defend-
ant or defendants shall have double costs, and shall have such remedy as
he or they
could have for his, her, or their costs in any case by law. [Repealed by
Ordinance No..
1 of Is7r.]
17. No person whatever shall be permitted to appear and act in any such
sum-
mary proceeding, for or on behalf of guy plaintiff or defendant therein
where the sum_
claimed does not exceed one hundred dollars, unless it shall be first
proved to the satin--
faction of the Judge, that such plaintiff or defendant is prevented by
some unavoidable
necessity, or some good or sufficient cause from attending such Court in
person. [Re--
pealed by Ordinxnce No. 1 of ISir.]
18. Whenever any plaint or suit shall-Ve iistituted under or by virtue of
this
Ordinance for the recovery o£ any sum oxco
Vi~i;~ori;~ehundred dollars, it shall and may
be lawful for the plaintiff or defendant, with i;,lie consent of tile
Judge, to employ any,
friend, agent, or an attorney of the Supreme Court, to assist at the
trial or .hearing of
the suit; and each party shall respectively bear and defray the
expense-incurred by the
employment of his own attorney, save and except when the Judge shall
certify that the
case was such as to render it fit and advisable for the party or parties
obtaining a.
ORDINANCE No. 7 of 1862,
Court' of Summary Jurisdiction:
decree or order al the Court to have prciessionaf assistance, and that
lie or they. ought
to be re-imbutsei3'kthe ``cost thereof, in which case the cost of
theyemploynienG of such
attorney or attorrisyf shall be defrayed by that party against whom the
decree or order
shall be pronounced: And it is hereby provided, that in such case, no
oilier or further
fee or charge shall be allowed, either between attorney and client, or
party and party,
than those specified in the schedule No. 2 hereunto annexed. [.Repealed
by Ordinance
11To. 1 of 1871.
19. The provision contained in the 27th section of Ordinance No. 6 of
1845, with witnesn nut »c~
tending ttrld prr-
respect to the non-attendance of witnesses pursuant to their sxcbpcenas,
and to persons soils guilty or
contempt, haw
guilty of a contempt of Court, shall apply to and be in. force as to all
matters and Punished.
proceedings in the Court of Summary Jurisdiction.
20. The provisions contained in the 28th section of Ordinance No. 6 of
1816, seours~
made with respect to persons guilty of wilful and corrupt perjury, and
the provisions
contained in the 4th suction of Ordinance No. 2 of 1860 as to
declarations, shall apply
to and be in force as to all matters and proceedings in the said Court.
21. In each and every case in the said Court where the Budge shall have
made F-entioll.
any order or decree for the payment of money, it shall be lawful for the
said Judge,
at the prayer of the party so prosecuting such order or decree, to issue
a writ or
precept, which writ or precept shall be directed to ono or more bailiff
or bailiffs of
the said Court, who is and are hereby authorized and empowered to levy
the amount
thereof of the goods, chattels, and effects, of the defendant, or to
arrest the defendant
as the case may be: Provided that it stall be lawful for the Judge, and
he is hereby noe i«lyaiftaAllpoillempowered aid autliorizsd, when thereto
required by the plaintiff in any suit or
proceeding'tvherein such writ or precept may be issued, to appoint one or
morn special
bailiff or bailiffs, to be -named by the said plaintiff, to execute such
writ or precept,
upon receiving from such plaintiff full and sufficient security against
any improper
use or abuse of such writ or precept.
22. All such orders and decrees `shall be carried into execution in any
district
or place whatsoever within the said Colony, or in any place within the
jurisdiction o£
the Supreme Court, whereYthe defendant, his goods, chattels or effects,
may be found
or be met with: Provided that all executions and processes against the
property of
t4e defendant shall be executed after sunrise and before sunset, and that
any officer
or person executing the same at any other time shall be liable to a fine
of not exceed-
ing fifty dollars, which shall be set by-- the Judge of the said Court
and enforced by
distress and sale of the offender's goo~,~ ~'~``
23. For the purpose of prevetirig ''aid disputes as to the mode of
executing the Mode of execu-
tion,
said last mentioned writ or precept, the' same shall be executed in the
following
manner _ that is to say, the bailiff or bailiffs in the first instance
shall if practicable
levy, on the goods, chattels, and effects of the defendant, and in the
event of such
bailiff or bailiffs not being able to find sufficient goods, chattels or
effects, of the.
defendant, and the defendant' ailinp. to point out to his or their
notice any property; -
OrQers and de-
crees may he
executed any.
where within
the Colnm.
Time of levy.
ORDINANCE No. 7 0F 1862: `
Court of Summary Jurisdiction.
vd$ereon to levy, the said bailiff or bailiffs shall enforce the order or
decree'of the
court by the personal arrest and imprisonment of the defendant as
hereinafter is
mentioned.
24. If any claim shall be made to or in respect of any goods or chattels
taken in
execution under the process of the Court, or in respect of the proceeds
or value
thereof by any landlord for rent or by any person not being the party
against whom
such process has issued, it shall be lawful for the clerk of the Court,
upon application
of the officer charged with the execution of such process, as well before
as after any
action brought against such officer, to issue a summons calling before
the said Court
as well the party issuing such process as the party slaking such claim,
and thereupon
the Judge of the said Court shall adjudicate upon such claim and make
such order
between the parties in respect thereof, and of the costs of the
proceedings, as to him
shall seem fit, and such order shall be enforced in like manner as any
order made in
any action in the same Court.
25. Every defendant who shall be arrested and taken in execution under the
process of the said Court, shall be imprisoned for a space of time not
exceeding six
calendar mouths, unless, before the expiration thereof, the order or
decree of the said
Court shall leave been satisfied: Provided that in case any defendant
shall be dis-
charges from prison without having paid the debt and costs for which he
had been
imprisoned, it shall be lawful for the complainant, at any time within
three years after
such order or decree, to take out fresh execution against any estate or
effects which
such defendant may have become possessed of or entitled to, until such
order or decree
shall be fully satisfied.
imprisonment
by process of
Court not to ex-
ceed six months.
Liability of
after-aeqaired
lixpenaeaof ~ 26. ,Whenever any defendant shall be taken in execution
under any process
alebtora' main-
tenance in pre. under this Ordinance, the complainant at whose suit lie
shall have been taken in
con to be paid
1>y execution execution shall pay the expenses of the necessary and proper
maintenance of the de-
credttor.
fendaut in prison not exceeding the sum of twenty-five teats per diem,
and the amount
of such expenses shall be a debt to the Crown;-, and shall be suable for
and recoverable
by the Governor of the Gaol for the time being.
Execution not 27. No execution awarded against the. hiTds of any party
shall extend to or be
to prejudice
landlords. , construed to extend to deprive any landlord of the power
vested in such landlord by an
Act passed in the eighth year of the reign. o£ Her Majesty Queen
Anne,.intituled
'An Act for the better Security of Rents and to prevent Frauds ,committed
by Te-
nants,' of recovering one year's rent by virtue of and in pursuance of
the said Act.- - ,
Court may order 28. It shall be lawful for the said Judge of lLe- Court of
Summary Jurisdiction
money to be paid
by inatalmenta whenever it shall appear to him that the levy of the full
amount of any order or decree
of the same Court at one time may be attended with great distress to the
defendant,.
and that such distress may be avoided or 'lessened by enlarging the time
for satisfying
such order or decree, to order and direct the amount thereof, together
with the costs;
and charges, to be paid by instalments, at such stated times, and in such
proportional
amounts, as shall be expressed in such order, and as shall be reasonable
and just:
ORDINANCE loo. 7 of 1862.
Court of. Summary Jurisdiction:
Provided that, unless with the consent of the plaintiff, the time for
satisfying any such
order or decree shall not exceed three months from the time of making
such order as
aforesaid; Provided also that if the defendant shall fail to pay ally
such instalment
agreeably to such order, in every such case the plaintiff may proceed to
take out execu-
tion for the amount of such order or decree and the costs and charges
thereof then
remaining due and unsatisfied in like manner as if no such order as
aforesaid had
been made.
28. All orders and decrees or other decisions, so to be made or
pronounced in any Appeal.
such summary proceeding as aforesaid, shall be subject, with the consent
of the Judge,
to an appeal to the Chief Justice; but in case the Judge should refuse
such consent,
the Chief Justice may notwitbstandin' on application, allow such appeal
on such terms
as to him shall seem fit.
30. In case any action or suit shall at any time hereafter be commenced
or brought Actions against
ofcers, 3cc.
against any officer of the said Court of Summary Jurisdiction, or against
any other
person for anything done in pursuance of or under the authority of this
Ordinance, it
shall be lawful for such officer or other person in every such suit or
action to plead the
general issue, and give this Ordinance and the special matter in
evidence; and in case
the plaintiff in such action or suit shall have a verdict pass against
him or be non-suit
or discontinue his action or suit, the defendant shall, in any of the
said cases, be allowed
double costs.
31. No action or complaint or other proceeding under the Summary
Jurisdiction Proceedings not
given by this Ordinance, shall be treated or considered as invalid or
subject to be set watt of forn gfat
aside, on account of any verbal or technical error; but all errors and
mistakes not hav-
ing a tendency to mislead the opposite party, shall and may in all cases
be amended or
altered by the Court.
32. In all actions and complaints or other proceedings in the Court of
Summary
Jurisdiction created by this Ordinance, the fees specified by the
schedule No. 2 here.
unto annexed, shall, unless and until 'otherwise ordered and directed, be
established.
and be deemed and taken as the lawful fees and emoluments of the said
Court and of
the attornies thereof for the discharg-0of the several duties therein
specified ; and the
Judge of the Court shall have full power to compel the payment of the
fees of the Court
in a summary way by. order, and on non-payment, by warrant of distress
and sale
under his hand and sealed with the seal of the Court; and the said fees
shall be received
and accounted for by .the clerk of the ;Court and be paid over to the
Colonial Treasurer.
[Section inserted and numbered 33 by .Ordirutnce No. 9 of 1864 and see
section 49 of Ordi-
nance No. I of 187'1.]
33. [Re-numbered '34' by Ordinance No. 9 of 4864.] The Judge of the Court
of Summary Jurisdiction shall in addition to his duties as such Judge
have full power
to preside at the trial-of all such causes to be tried before a jury and
to hear , and
determine, all such other causes, matters and things which shall be at
any time depend-
ing in the, Supreme Court whether in Court or in Chambers, and also in
all matters
General issue.
Allowance and
recovery of fees.
Clerk to receive
and account for
fees.
The Judge aftbe,
Court to preside
in all such cawsec
in the Supreme
Court as the
Chief Justice
shall direct.
All proceedings
epd,dact'eeK
before him to he
valid~f setn r~Y
the Supreme
!Vrn,rt.
Proviso that no
dt'C'et, &C., of
ChiePJnstfce
sintll be reversed
,by each dodge.
ORDINANCE No. VOF
Court of Sun.rnanj Jurisdiction.
incident to any ministerial office of the said Court, as the Chief
Justice shall from~time
to time direct; and all proceedings, decrees, orders and acts of such
Judge of the Court
of Summary Jurisdiction so to be had made or done shall be deemed and
taken respaet-
ively, as the nature of the case shall require, to be proceedings,
decrees, orders and.
acts of the said Supreme Court, and shall have force and validity and be
executed
accordingly, subject in every case to be reversed, discharged, or altered
by the Chief
Justice: Provided that in all such cases an appeal shall lie to the Chief
Justice, notice
of~sucli appeal to be given within three months: Provided also that the
said Judge of r
the Court of Summary Jurisdiction, when so sitting for the Chief Justice
as aforesaid,
shall have no power or authority to discharge, reverse, or alter any
decree, order, act-
or thing made or done by the said Chief Justice, unless authorised by him
so to do.
Amended by Ordinance No. X of 1871 and therein referred to as 'section
34' and see
section 43 of the sane Ordinance.)
34. This Ordinance shall not come into operation until proclamation be
made to
that effect by command of His Excellency the Governor, and published in
the Hong-
kong Government Gazette.
SCIIEDULE No. 1 'f0 4VIIICIT THIS OIiDINA1CT: liLFI:IiS.
Entry rf Plaint.
llvnpkung
to wit. , zt. ts. of
. )
i n the Colony of Hongkong hereby requires entry to be made in the Court
of Summary Jurisdiction, of
his plaint against C. D. of in the staid Colony, for a sum of,
bcin,g for (Iceze state generally the cause tf activrr)
in the particular hereunto nnneMd fully (set forth. And the said A. T3.
hereby declares that the saint
particular contains a correct, full, and true statement of his demand
against the said C. D. and tba,t the
said C. D. is justly and truly indebted to him the said A. B, in the said
sum of
and thereupon the said A. B, praycth that the said C. D. maybe summoned
to attend Oil the
day of at the said Court, to answer such his demand.
Dated this day of
Raid A. B.
I'u-rnt of Plairtt.mtrh°r section 12 of this 0rdi.ntz.u,co.
A. D. 186
A. B.-P7aintitj:
Ilungkung } to grit. p_ ts.
1
licral>y require,; entry to be made in the Court of Summary Jurisdiction
of his IOnint against C. D. o£ -
in the said Colony (for the said G. D:~' tz;ithhulds.fronztlze,
theXtcssesssur of ; being premi.es situated in tbi
Colony (urfor that the said C. D. oases anti refuses to pay the szcnt if
rlzre by the said C. D. to the said A. B.).
And the said A. B. hereby declares that the particulate hereunto annexe:l
contain a full account of
his demand against the said C. D. and thereupon he prays that the said C.
D. may be summone:i to
attend on at
being next
Dated
to answer such his demand.
A. B.-Plaintiff. ..
ORDINANCE 1o. 7 oF 1362.
Court of Summary Jurisdiction.
ston.tn.oxx.
To
IConykony t you arc hereby sununoned and requitrod to attend the Court of
~nmntnt;p Jurisdiction at
to wit. )
o'clock in the forenoon of the day of Ilion and there to answer the
-demand of entered against you in the said Court for the sutn of being
for (here state ea use of artinn and eonrgtlaint). And herein fail not,
or judgment will be passed, and
execution issued, against yon for the said sutn and costs. And you `till
take notice, that if yon have any
debt or demand to set off against the said plaintiff's claim. you are
hereby required to file or deliver the
Fame at the office of the said Court on or before the day of or you will be
precluded from giving evidence thereof on the trial or hearing. And you
twill further take notice, that a
plaint containing the particulars of the plaintiff's demand against you
has been filed in the office afore-
said, and that you may obtain a copy of the satnc, if you shall think
proper.
Witness 1:, h'., Judr;c of the said court, at vietorio,
the
in the
Endorsed nn the baele of Snntntvns.
day of
y ear of our reign.
[ 1.. S.1
The wi lhin;stunmons teas acrvc<1 on tt.e within named defendant fry
delivering' a true copy thereof on
The (lay of 78(i
To
Snbjmcna.
(0,(llnrtcerl the? crzntntnns.)
[Ion glzony S you, and each of you, arc hereby commanded, that all
excuses being laid aside, you, and each
to wit.
,of yon, be and appear in your own proper poison before the Court of
Summary Jurisdiction, on the
day of at o'clock in the forenoon, to testify all and singular what yon, or
either of yon,
know in a certain cause, or matter of complaint, now pending and
undetermined between
plaintiff, and defendant, then and there to be heard and determined. And
herein fail not at
,your peril.
Witness );. h'., Judge of the said Court, at Victoria,
the
in the
clay of
year of our reign.
Order er Deetee infiavour of Plain-tiff.
A. B.--Plainti,~:
(-;. D, -Defendant.
llutcrldsvt?!t j I t appearing to the Court that the plaintiff bath
proved hisdcmand, (tv7tollyor irt yatt.) it is
to xvit.
ordered and decreed, that the said plaintiff do recover from the said
defendant the sum of
together with
the said A. I3. the plaintiff the said sum,of
costs; and the said C. D. the defendant. is hereby ordered to pay to
in full satisfaction of the said debt and
-costs (forthwith, on demand thereof, or by the following instalments;
namely :-as the erzRe via f be).
Dated the clay of
in the year of our Lord, 186 .
ORDINANCE No. 7 of 1862.
Court of SunzmarJ Jurisdiction.
Ycrm of Dismissal.
A. B.-Plaintiff.
C. D.-Defendant.
1lnnglanmg ~ It appearing to this Court that the plaintiff entered. his
plaint and caused the above defendant
to wit.
to be summoned to attend this Court for (here state the cause of actioxz
or cotnpla-int; ) and the said
plaintiff having failed to prove his said plaint, it is hereby ordered
and decreed by the said Court, that
the plaint of the said A. E. be, and the same is hereby dismissed : And
that the said defendant do recover-
against the said plaintiff the sum of for costs: And the said A. B. the
plaintiff is hereby
ordered and directed forthwith, on demand, to pay the said C. D. the
defendant the said sum of
so awarded for his costs herein as aforesaid, and on failure thereof,
process will issue to take in execution
the goods, chattels, and effects of the said A. B., or his body, to
satisfy the said costs.
Dated the day of
in the year of our Lord, 186
Defendant's cosh;, ............ $
Writ or Precept to T3ailif
COURT or SUMMARY JURISDICTION
To Ills.
Between iA. B. Plaintiff.
and C. D.=Defendant.
Judge.
bailiff, and his assistants.
Tfnxzglcnng ~ You arc: hereby commanded to levy of the goods, chattels,
and effects, lands, tenements, suet'
to lost.
hcreditaments, of
sum of
which
for
of
in the Colony of Hongkong, the
of lately recovered against
damages and costs ; and if yon shall not find any goods,,
chattels, or effects, or any lands, tenements, or liereditaments
belonging to the said defendant whereof to-
levy, then you arc hereby commanded to take and arrest the body of the
said defendant, and him safely
to lodge in one of Her Majesty's gaols, there to remain for the period of
months unless he shall
sooner pay the damages and costs due to satisfy the said
damages and costs, as aforesaid, and have you there this writ.
Judgment ..............................
plaintiff
Witness E. r., Judge of the said Court at Victoria,
the day of
in the
Alias, or Phvrice.
year of our reign.
You are hereby commanded, as before you were commanded, (or, as '
oftentimes ' before yon were
counnanded, and tlt.e)t fOllUrl7 the aboveforxrt.).
ORDIN AN'CE NTo. 7 OF 1862.
Court of Summary Jurisdictio?a.
Order to dbsclrarge DVemdant (nit of Custody,
day of
A. E.-Plaintiff. -
C. D.-Defendant,
_7Iottgkouy } Yon are hereby- authorized to discharge out of your custody
the above named defendant,
to grit.
as far as regards the execution in the above case.
By order of the Court,
To the Governor of the Gaol at Hongkong.
SCHEDULE N-o. 2 TO VIIICII THIS OitDINr1VC.l: REFERS.
Entering Plaint:-
Claim not czcce<ling $10,
50,
Summons, ...................
Subpoena.,
1'ccr to be tre7cett in cases at and trader $50.
Every oath or declaration, , ...............................
Do. of arrest,. ........ , ......... .....
fees to be taken in oaseaabovn $50, and wider $100.
For entering every plaint, action, &c., and particulars of demand, . 4O.bt>
Entering every appearance and defenec, . , , 0.26
Summons for defendant, and copy, : : , , , 0,50
Any notice required during the coarse of proceedings,
....................................... 0.2.5)
Fee on hearing and adjudication, . , O.bU
Each subpcona of witness, and copy, 0.40
Drawing and signing order for costs, decree, or dismissal, each, , 0.50
livery oath or declaration of party or witness examined 0. 25
Warrant to bailiff for executing decree, . 1.25
Executing any decree or order , . , 1.25
Copies of any proceedings, perfolio, . , , 0.12
Filing and entering plaint,.
Summons for defendant and copy, . , 0.51)
If more than one defendant, each additional copy, 0.25
Subpoena and copy, each witness,
............................................... ........... 0.50
Bearing and adjudication, . 1.00
Every oath or declaration of party or witness,
.................................................... 0.2 5
Order for decree or dismissal, each, ........... , 0.50
Precept,
Executing precept, decree or order, . . , .... ,
Any notice required during proceedings, , :
_
Fees to be taken in Proceedings under section 12.
fSee Ord. v'o, (q!
'1971 w. 43.j
ORDINANCE No: 7 of 1862.
Court of Summary Jurisdiction.
Bailiff's 1ecs.
Service of summons, subpoena, order or notice, $0.25'
Putting into execution any order of Court, . . , .. 0.50'
Attorneys Zees.
I] caring and Attendance,
..........................................................................
......... $10.00'
fees to he taken in all cases over $100, except those under section 12.
Filing and entering plaint and particulars of demand,
Summons for defendant, and copy, . 1.00
if more than one defendant, each additional copy, 0.2r>
Filing set-off or other defence, 0.50
Paying money into Court . .............. , 0,50
S0
ubpcena and, copy, each wi.tness, 0.80
If caring and adjudication where the sum sought to be recovered shall not
exceed $200, 1.00'
Exceeding $200 and not exceeding $300, ................... 2.00
300
400
livery oath or declaration of party or witness, : ,. . . ., 0.25
Every reference to clerk or other officer of the Court,
:-,., ............... 1.00
Clerk's report, per folio, ,. . 0.50
Order for costs, decree, or dismissal, each, ,., .. ...... y, 1.00
1?recept, , , , , 2.50°
Executing precept, decree, or order, where the sum to be recovered shall
exceed $100 and not
exceed $250, . , .............. ................. 2.50
Exceeding $200 and not exceeding $500; , 3.i8-
lZeceipt to clerk for money paid out of Court, . , , 0.50
Any notice required during proceedings, .. ,
Copies of any proceedings, per folio, . , O.li>>.
Bailiffs' Fees.
For service of summons, subpoena, order, or notice, $0.50'
For every arrest or execution, , 1.00
When left in possession, per dieni ., , . 1.00'
Attorneys' 1ees.
Upon every sum of $100 in dispute, $3.00
Attendanoe at hearing, , 5.00
Note.-Upon the Judge's certificate being granted, as provided for in
section 18 the attorney of
the successful party shall recover the above fees from the opposite
party: in this cane the percentage
fee shall be calculated upon the gum recovered or successfully resisted.
[14 force by Proclamation of 7th July, 1862, and front flee same date.
All.'
repealed by Ordinance 1'V'o. 14 of 1813.]
NOTE.-For Mules of the Court of Sumnzazy Jurisdiction approved by the
Legislative Council 3rd June 1865, see Gazette o f the 10t1a of the same
month. And for
,futher Rules approved as aforesaid on the 17th SeptentLes 18'2, see
Gazette of the
21st of the same month.
505
Title. [See Ord. No. 1 of 1871.]
Preamble.
Ordinances No. 9 of 1845, No. 3 of 1849, No. 5 of 1854 adn No. 10 of 1857, repealed.
Court of Summary Jurisdiction constituted.
Summary Jurisdiction of Supreme Court transferred.
Civil Jurisdiction of Magistrates transferred.
Judge of Court of Summary Jurisdiction to be appointed.
Seal of Court.
Jurisdiction of Judge.
No cause of action to be split. [See Ord. No. 1 of 1871, sec 35.]
Notice of action, and special defences.
Writs of capias ad respondendum may be issue as in Supreme Court.
Costs.
Possession of tenements not exceeding five hundre dollars per annum, recoverable in the Court of Summary Jurisdiction.
If tenant, &c., neglect to appear or refuse to give possession, Court may, on proof of service of summons, issue a warrant to enforce the same.
Provisions as to arrears of rent.
Proceedings, orders, &c., may be in form prescribed in schedule No. 1.
Court may dismiss action or complaint with or without costs.
Consequences of not proceeding under Summary Jurisdiction.
Plaintiffs adn defendants to attend personally, unless unavoidably prevented.
Right of parties to be assisted by attorneys or agents.
Wtiness not attending and persons guilty of contempt, how punished.
Perjury.
Execution.
Power to appoint special bailiffs.
Orders and decreesmay be executed anywhere within the Colony.
Mode of execution.
Interpleader.
Imprisonment by process of Court not to exceed six months.
Liability of after-acquired effects.
Expenses of debtors' maintenance in prison to be paid by execution creditor.
Execution not to prejudice landlords.
Court may order money to be paid by instalments.
Appeal.
Actions against officers, &c.
General issue.
Proceedings not to be set aside for want of form.
Allowance and recovery of fees.
Clerk to receive and account for fees.
The Judge of the Court to reside in all such causes in the Supreme Court as the Chief Justice shall direct.
All proceedings and decrees before him to be vaalid as acts of the Supreme Court.
Proviso that no decrees, &c., of Chief Justice shall be reversed by such Judge.
Suspending clause.
[See Ord. No. 1 of 1871 sec. 45.]
No. 7 of 1862.
An Ordinance to establish a Court of Summary Jurisdiction, and to
authorize the appointment of a Judge thereof.
[22nd March, 1862.]
WHEREAS the business of the Supreme Court of Hongkong, has of late greatly
increased, and it is necessary to relieve the Chief Justice from some of
his
judicial duties, and otherwise to afford to him aid in the administration
of justice:
And whereas the business o£ the Police Courts has also greatly increased,
and it is
desirable to relieve such Courts of all proceedings of a civil nature:
And whereas for
the purposes aforesaid, it is desirable to appoint a Judge to be called
the Judge of the
Court of Summary Jurisdiction: $e it therefore enacted by His Excellency
the
Governor of Hongkong, with the advice of the Legislative Council thereof,
as
follows:-
1. Ordinance No. 9 of 184, No. 3 of 1849, No. 5 of 1$54, and No. 10 of
1857 are
hereby repealed.
2; A Court, for the trial and .decision of causes hi a summary manner by
the
Judge thereof, shall be and is hereby constituted, which Court shall be
called the Court
of Summary Jurisdiction, and the said Court shall be a Court of Record.
3. The jurisdiction of the Supreme Court in its Summary Jurisdiction shall cease sn,nluary Jurla-
and determine, and the same is hereby transferred to the said Court of Summary
Jurisdiction hereby constituted.
ORDINANCE \?o. 7 or, 186.
Court, of Summary Jurisdiction.
cs0n.rnriga;vtson 4. The jurisdiction of the Chief Magistrate and
Assistant Magistrate, or of any
oP3fagistratos
i,'ansfert'ea. Police Magistrate and of Justices of the Peace, of,a civil
nature, shall cease and deter-,
mine, and the same is hereby transferred to the said Court of Summary
Jurisdiction.
hereby constituted.
,lnslge of Court
of aamtnary
1nt9sdict7on to
be appointed.
seal of Court.
Jurisdiction of
Judge,
No 'Ilse of
xenon to be apiit.
{Spy Ord. No. 1
0 1871, sec 35.1
~, The said Court of Summary Jurisdiction shall be holden by and before a
Judge
thereof, to be called the Judge of the Court of Summary Jurisdiction of
Hongkong,
who shall be a barrister-at-law in England or Ireland or an advocate in
Scotland of
not less than five years standing: Provided that, in case of the death,
temporary
illness, or absence of the said Judge, it shall be lawful for the
Governor to appoint any
fit and proper person temporarily to discharge the duties of the said
office.
6, The said Court of Summary Jurisdiction shall have and use, as occasion
may
require! a seal bearing a dovice and impression of the Royal Arms with
the inscription:
'Court of Summary Jurisdiction. $ongkong.'-and every summons and other
process
issued thereout, shall be stamped with such seal.
7, The Judge of the Court of Summary Jurisdiction 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, broach of covenant or contract or promise, injury to the. person or
property, or
other hatter: Provided that, in all cases respectively, the debt or
damages or balance
sought to be recovered shall not exceed the sum of five hundred dollars,
and that the
matter in question shall not relate to the title to any lands, tenements,
or hereditaments,
nor to the taking of any duty payable to Her Majesty, nor to any fee of
office or other
matter where rights in fictzcro may be bound, nor to any general right or
duty:
Provided also, that the said Court shall not have power to hear or
determine any
platter or question, which arose morn than three years before the hearing
thereof,.
unless there has been some contract, acknowledgment, undertaking, or
promise to pay
.in respect thereof by the party to be charged within three years before
the filing of
the plaint: Provided also, that no party shall be precluded or exempted
from suing
or being sued in 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.
$, No cause of action or complaint which shall exist at any one time,
amounting
in the whole to a sum exceeding five 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 Judge of the Court of Summary Jurisdiction 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 may be advised: Provided that if such plaintiff shall
be satisfied
to recover a sum not exceeding five hundred dollars, in full of the whole
of leis demand,
ORDINANCE fro. 7 of 186?.
Court of Summary Jurisdiction.
then the said Judge shall and may entertain the complaint of such
plaintiff, and in
~case any order shall be made in favour of such plaintiff, the same shall
be expressed to
be, and shall be, in full discharge of the whole of such demand.
8. Except by consent or by leave of the Court, no cause or matter within
the
Summary Jurisdiction shall be set down for hearing before at least two
clear days
from the service of the summons where the sum claimed shall be more than
fifty
dollars, nor before twenty-four hours where the sum claimed shall be
fifty dollars or
less than that sum. And, except by consent or by leave of the Court, it
shall not be
,competent to the defendant to enter into any special defence such as
'set off'
'illegality' 1°want of consideration,' or the 'Statute of Limitations,'
unless at least
twelve hours' written notice thereof has been first given to the
plaintiff or his attorney.
10. The Judge of the Court of Summary Jurisdiction shall have authority
to issue
writs of capias ad respondendum in respect of claims exceeding fifty
dollars, and not
exceeding five hundred dollars, and shall have all such powers and
authorities as to
such writs as before the passing of this Ordinance were vested in the
Chief Justice by
virtue of Ordinance No. 6 of 1845, and the forms of procedure heretofore
in use in the
.Supreme Court as to such claims shall be adopted by the Court of Summary
Jurisdictipn,
with such alterations as the Judge of such Court shall deem proper. The
fees of Court
.and costs, in respect of such proceedings, shall be the swine as are at
present allowed.
11. It shall be lawful for the Judge of the Court of Summary Jurisdiction
to costs.
award costs in all actions or complaints as he may think proper; and also
to allow such
reasonable sum or sums of money for the attendance and loss of time of
parties and
witnesses as 'he the said Judge shall think fit.
12. When the term and interest of the tenant of any lands or tenements
where
the value of the premises or the rent payable in respect of such tenancy
did not exceed.
the anniual value of five hundred dollars, shall have ended or shall have
been duly
determ nod by a legal notice to quit, and if such tenant or occupier of
the same or any
part thereof shall neglect or refuse to quit and deliver up possession of
the premises or
part thereof respectively, it shall be lawful for the landlord or his
agent to enter a,
plaint in the said Court, and thereupon a summons shall issue to the
person so neglect-
ing or refusing; and if the tenant or occupier shall not thereupon appear
at the time
and place appointed and show cause to the contrary, and shall still
neglect or refuse to
deliver lip possession of the premises to the landlord or his agent, and
pay the costs
incurred, it shall be lawful for such landlord or agent to give proof to
the Court of the
holding, and of the. end or other determination of the tenancy, with the
time or manner
thereof, and, where the title of the landlord has accrued since the
letting of the
premises, the right by which he claims the possession; and upon proof of
service of
the suminoris and of the neglect or refusal of the tenant or occupier,
the Court may
issue a warrant to the bailiff of the said Court requiring and
authorizing him, within
not less than seven or more than ten clear days from the date of- such
warrant to give
possession of the premises to - such landlord or agent; and such warrant
shall be a
:votive of action,
and special
defences.
if rita of captnsa<t
reaparldtndarn
play be issue as
in supreme
Court.
Possession of
tenements not
exceeding five
liandred dollars
per annnnl, re-
coverableinthe
Court of Sum.
roary Jnrisllio.
lion.
If tenant, Cc.,
neglect to appear
or refuse to give
possession, Court
may, on proof W '
service of sum-
mons, issue a
warrant to
enforce the same.
ORDINANCE No. ;- or 18G2.
Court of Summary Jurisdiction.
sufficient authority to such bailiff to enter upon the premises with such
assistants as
he shall deem necessary, and to give possession accordingly: Provided
that no such
entry be made on a Sunday, Good Friday, or Christmas Day, or except
between the
hours of nine in the morning and four in the afternoon.
1>rnviHionR ay t) 13. Having regard to the annual amount aforesaid, where
an arrear of six months''
arrears Of rent. rent shall be due on any lands or premises, and not paid
after due demand, and no,
sufficient distress on the lands or premises to satisfy such arrear, it
shall be lawful for
the landlord to proceed in manner aforesaid, and for the Court to make a
decree for
putting such landlord into possession, unless the rent and costs of
proceedings be paid
within one fortnight from the pronouncing of such decree.
Ctmsa<lueneas
of trot procead-
iny; unties 8nnr-
tnnry .ruriadlc-
tion.
Plaintiffs sod
defendants to
attend personal-
ly, unless un-
avoidably pro-
vented.
liis;ht of parties
to be assisted by
attorneys or
gents.
Proceedings, or- 14. The several proceedings, orders, decrees, and
dismissals which shall be taken,
tiers, &c., may
be in 'Perm pre- prosecuted, made and pronounced in the said Court of
Summary Jurisdiction may be
scribed in sche-
dule No. 1. in the form prescribed in the schedule No. 1 hereunto annexed,
or as near thereto as
circumstances will admit.
Court rung din- 15. It shall be lawful for the said Judge, and he is
hereby empowered, to dismiss.
miss action or
complaint With any action or complaint which may be brought before him
either with or without costs,
or without coats.
and either on the merits, or without prejudice to further or other
proceedings as he
shall think fit.
16. If any action or suit shell be commenced in the Supreme Court for any
debt or
damages other than hereinbefore excepted, not exceeding the sum of five
hundred dollars,.
and recoverable under and by virtue of the jurisdiction hereby given, the
plaintiff in
such action or suit sh'a.ll not, by reason of any verdict for him, be
entitled to any costs.
whatsoever : and if the verdict shall be given for the defendant or
defendant', in such
action or snit, and the Chief Justice of the said Court shall think fit
to certifyahat such
action or suit ought not to have been brought and tried before him, then
such defend-
ant or defendants shall have double costs, and shall have such remedy as
he or they
could have for his, her, or their costs in any case by law. [Repealed by
Ordinance No..
1 of Is7r.]
17. No person whatever shall be permitted to appear and act in any such
sum-
mary proceeding, for or on behalf of guy plaintiff or defendant therein
where the sum_
claimed does not exceed one hundred dollars, unless it shall be first
proved to the satin--
faction of the Judge, that such plaintiff or defendant is prevented by
some unavoidable
necessity, or some good or sufficient cause from attending such Court in
person. [Re--
pealed by Ordinxnce No. 1 of ISir.]
18. Whenever any plaint or suit shall-Ve iistituted under or by virtue of
this
Ordinance for the recovery o£ any sum oxco
Vi~i;~ori;~ehundred dollars, it shall and may
be lawful for the plaintiff or defendant, with i;,lie consent of tile
Judge, to employ any,
friend, agent, or an attorney of the Supreme Court, to assist at the
trial or .hearing of
the suit; and each party shall respectively bear and defray the
expense-incurred by the
employment of his own attorney, save and except when the Judge shall
certify that the
case was such as to render it fit and advisable for the party or parties
obtaining a.
ORDINANCE No. 7 of 1862,
Court' of Summary Jurisdiction:
decree or order al the Court to have prciessionaf assistance, and that
lie or they. ought
to be re-imbutsei3'kthe ``cost thereof, in which case the cost of
theyemploynienG of such
attorney or attorrisyf shall be defrayed by that party against whom the
decree or order
shall be pronounced: And it is hereby provided, that in such case, no
oilier or further
fee or charge shall be allowed, either between attorney and client, or
party and party,
than those specified in the schedule No. 2 hereunto annexed. [.Repealed
by Ordinance
11To. 1 of 1871.
19. The provision contained in the 27th section of Ordinance No. 6 of
1845, with witnesn nut »c~
tending ttrld prr-
respect to the non-attendance of witnesses pursuant to their sxcbpcenas,
and to persons soils guilty or
contempt, haw
guilty of a contempt of Court, shall apply to and be in. force as to all
matters and Punished.
proceedings in the Court of Summary Jurisdiction.
20. The provisions contained in the 28th section of Ordinance No. 6 of
1816, seours~
made with respect to persons guilty of wilful and corrupt perjury, and
the provisions
contained in the 4th suction of Ordinance No. 2 of 1860 as to
declarations, shall apply
to and be in force as to all matters and proceedings in the said Court.
21. In each and every case in the said Court where the Budge shall have
made F-entioll.
any order or decree for the payment of money, it shall be lawful for the
said Judge,
at the prayer of the party so prosecuting such order or decree, to issue
a writ or
precept, which writ or precept shall be directed to ono or more bailiff
or bailiffs of
the said Court, who is and are hereby authorized and empowered to levy
the amount
thereof of the goods, chattels, and effects, of the defendant, or to
arrest the defendant
as the case may be: Provided that it stall be lawful for the Judge, and
he is hereby noe i«lyaiftaAllpoillempowered aid autliorizsd, when thereto
required by the plaintiff in any suit or
proceeding'tvherein such writ or precept may be issued, to appoint one or
morn special
bailiff or bailiffs, to be -named by the said plaintiff, to execute such
writ or precept,
upon receiving from such plaintiff full and sufficient security against
any improper
use or abuse of such writ or precept.
22. All such orders and decrees `shall be carried into execution in any
district
or place whatsoever within the said Colony, or in any place within the
jurisdiction o£
the Supreme Court, whereYthe defendant, his goods, chattels or effects,
may be found
or be met with: Provided that all executions and processes against the
property of
t4e defendant shall be executed after sunrise and before sunset, and that
any officer
or person executing the same at any other time shall be liable to a fine
of not exceed-
ing fifty dollars, which shall be set by-- the Judge of the said Court
and enforced by
distress and sale of the offender's goo~,~ ~'~``
23. For the purpose of prevetirig ''aid disputes as to the mode of
executing the Mode of execu-
tion,
said last mentioned writ or precept, the' same shall be executed in the
following
manner _ that is to say, the bailiff or bailiffs in the first instance
shall if practicable
levy, on the goods, chattels, and effects of the defendant, and in the
event of such
bailiff or bailiffs not being able to find sufficient goods, chattels or
effects, of the.
defendant, and the defendant' ailinp. to point out to his or their
notice any property; -
OrQers and de-
crees may he
executed any.
where within
the Colnm.
Time of levy.
ORDINANCE No. 7 0F 1862: `
Court of Summary Jurisdiction.
vd$ereon to levy, the said bailiff or bailiffs shall enforce the order or
decree'of the
court by the personal arrest and imprisonment of the defendant as
hereinafter is
mentioned.
24. If any claim shall be made to or in respect of any goods or chattels
taken in
execution under the process of the Court, or in respect of the proceeds
or value
thereof by any landlord for rent or by any person not being the party
against whom
such process has issued, it shall be lawful for the clerk of the Court,
upon application
of the officer charged with the execution of such process, as well before
as after any
action brought against such officer, to issue a summons calling before
the said Court
as well the party issuing such process as the party slaking such claim,
and thereupon
the Judge of the said Court shall adjudicate upon such claim and make
such order
between the parties in respect thereof, and of the costs of the
proceedings, as to him
shall seem fit, and such order shall be enforced in like manner as any
order made in
any action in the same Court.
25. Every defendant who shall be arrested and taken in execution under the
process of the said Court, shall be imprisoned for a space of time not
exceeding six
calendar mouths, unless, before the expiration thereof, the order or
decree of the said
Court shall leave been satisfied: Provided that in case any defendant
shall be dis-
charges from prison without having paid the debt and costs for which he
had been
imprisoned, it shall be lawful for the complainant, at any time within
three years after
such order or decree, to take out fresh execution against any estate or
effects which
such defendant may have become possessed of or entitled to, until such
order or decree
shall be fully satisfied.
imprisonment
by process of
Court not to ex-
ceed six months.
Liability of
after-aeqaired
lixpenaeaof ~ 26. ,Whenever any defendant shall be taken in execution
under any process
alebtora' main-
tenance in pre. under this Ordinance, the complainant at whose suit lie
shall have been taken in
con to be paid
1>y execution execution shall pay the expenses of the necessary and proper
maintenance of the de-
credttor.
fendaut in prison not exceeding the sum of twenty-five teats per diem,
and the amount
of such expenses shall be a debt to the Crown;-, and shall be suable for
and recoverable
by the Governor of the Gaol for the time being.
Execution not 27. No execution awarded against the. hiTds of any party
shall extend to or be
to prejudice
landlords. , construed to extend to deprive any landlord of the power
vested in such landlord by an
Act passed in the eighth year of the reign. o£ Her Majesty Queen
Anne,.intituled
'An Act for the better Security of Rents and to prevent Frauds ,committed
by Te-
nants,' of recovering one year's rent by virtue of and in pursuance of
the said Act.- - ,
Court may order 28. It shall be lawful for the said Judge of lLe- Court of
Summary Jurisdiction
money to be paid
by inatalmenta whenever it shall appear to him that the levy of the full
amount of any order or decree
of the same Court at one time may be attended with great distress to the
defendant,.
and that such distress may be avoided or 'lessened by enlarging the time
for satisfying
such order or decree, to order and direct the amount thereof, together
with the costs;
and charges, to be paid by instalments, at such stated times, and in such
proportional
amounts, as shall be expressed in such order, and as shall be reasonable
and just:
ORDINANCE loo. 7 of 1862.
Court of. Summary Jurisdiction:
Provided that, unless with the consent of the plaintiff, the time for
satisfying any such
order or decree shall not exceed three months from the time of making
such order as
aforesaid; Provided also that if the defendant shall fail to pay ally
such instalment
agreeably to such order, in every such case the plaintiff may proceed to
take out execu-
tion for the amount of such order or decree and the costs and charges
thereof then
remaining due and unsatisfied in like manner as if no such order as
aforesaid had
been made.
28. All orders and decrees or other decisions, so to be made or
pronounced in any Appeal.
such summary proceeding as aforesaid, shall be subject, with the consent
of the Judge,
to an appeal to the Chief Justice; but in case the Judge should refuse
such consent,
the Chief Justice may notwitbstandin' on application, allow such appeal
on such terms
as to him shall seem fit.
30. In case any action or suit shall at any time hereafter be commenced
or brought Actions against
ofcers, 3cc.
against any officer of the said Court of Summary Jurisdiction, or against
any other
person for anything done in pursuance of or under the authority of this
Ordinance, it
shall be lawful for such officer or other person in every such suit or
action to plead the
general issue, and give this Ordinance and the special matter in
evidence; and in case
the plaintiff in such action or suit shall have a verdict pass against
him or be non-suit
or discontinue his action or suit, the defendant shall, in any of the
said cases, be allowed
double costs.
31. No action or complaint or other proceeding under the Summary
Jurisdiction Proceedings not
given by this Ordinance, shall be treated or considered as invalid or
subject to be set watt of forn gfat
aside, on account of any verbal or technical error; but all errors and
mistakes not hav-
ing a tendency to mislead the opposite party, shall and may in all cases
be amended or
altered by the Court.
32. In all actions and complaints or other proceedings in the Court of
Summary
Jurisdiction created by this Ordinance, the fees specified by the
schedule No. 2 here.
unto annexed, shall, unless and until 'otherwise ordered and directed, be
established.
and be deemed and taken as the lawful fees and emoluments of the said
Court and of
the attornies thereof for the discharg-0of the several duties therein
specified ; and the
Judge of the Court shall have full power to compel the payment of the
fees of the Court
in a summary way by. order, and on non-payment, by warrant of distress
and sale
under his hand and sealed with the seal of the Court; and the said fees
shall be received
and accounted for by .the clerk of the ;Court and be paid over to the
Colonial Treasurer.
[Section inserted and numbered 33 by .Ordirutnce No. 9 of 1864 and see
section 49 of Ordi-
nance No. I of 187'1.]
33. [Re-numbered '34' by Ordinance No. 9 of 4864.] The Judge of the Court
of Summary Jurisdiction shall in addition to his duties as such Judge
have full power
to preside at the trial-of all such causes to be tried before a jury and
to hear , and
determine, all such other causes, matters and things which shall be at
any time depend-
ing in the, Supreme Court whether in Court or in Chambers, and also in
all matters
General issue.
Allowance and
recovery of fees.
Clerk to receive
and account for
fees.
The Judge aftbe,
Court to preside
in all such cawsec
in the Supreme
Court as the
Chief Justice
shall direct.
All proceedings
epd,dact'eeK
before him to he
valid~f setn r~Y
the Supreme
!Vrn,rt.
Proviso that no
dt'C'et, &C., of
ChiePJnstfce
sintll be reversed
,by each dodge.
ORDINANCE No. VOF
Court of Sun.rnanj Jurisdiction.
incident to any ministerial office of the said Court, as the Chief
Justice shall from~time
to time direct; and all proceedings, decrees, orders and acts of such
Judge of the Court
of Summary Jurisdiction so to be had made or done shall be deemed and
taken respaet-
ively, as the nature of the case shall require, to be proceedings,
decrees, orders and.
acts of the said Supreme Court, and shall have force and validity and be
executed
accordingly, subject in every case to be reversed, discharged, or altered
by the Chief
Justice: Provided that in all such cases an appeal shall lie to the Chief
Justice, notice
of~sucli appeal to be given within three months: Provided also that the
said Judge of r
the Court of Summary Jurisdiction, when so sitting for the Chief Justice
as aforesaid,
shall have no power or authority to discharge, reverse, or alter any
decree, order, act-
or thing made or done by the said Chief Justice, unless authorised by him
so to do.
Amended by Ordinance No. X of 1871 and therein referred to as 'section
34' and see
section 43 of the sane Ordinance.)
34. This Ordinance shall not come into operation until proclamation be
made to
that effect by command of His Excellency the Governor, and published in
the Hong-
kong Government Gazette.
SCIIEDULE No. 1 'f0 4VIIICIT THIS OIiDINA1CT: liLFI:IiS.
Entry rf Plaint.
llvnpkung
to wit. , zt. ts. of
. )
i n the Colony of Hongkong hereby requires entry to be made in the Court
of Summary Jurisdiction, of
his plaint against C. D. of in the staid Colony, for a sum of,
bcin,g for (Iceze state generally the cause tf activrr)
in the particular hereunto nnneMd fully (set forth. And the said A. T3.
hereby declares that the saint
particular contains a correct, full, and true statement of his demand
against the said C. D. and tba,t the
said C. D. is justly and truly indebted to him the said A. B, in the said
sum of
and thereupon the said A. B, praycth that the said C. D. maybe summoned
to attend Oil the
day of at the said Court, to answer such his demand.
Dated this day of
Raid A. B.
I'u-rnt of Plairtt.mtrh°r section 12 of this 0rdi.ntz.u,co.
A. D. 186
A. B.-P7aintitj:
Ilungkung } to grit. p_ ts.
1
licral>y require,; entry to be made in the Court of Summary Jurisdiction
of his IOnint against C. D. o£ -
in the said Colony (for the said G. D:~' tz;ithhulds.fronztlze,
theXtcssesssur of ; being premi.es situated in tbi
Colony (urfor that the said C. D. oases anti refuses to pay the szcnt if
rlzre by the said C. D. to the said A. B.).
And the said A. B. hereby declares that the particulate hereunto annexe:l
contain a full account of
his demand against the said C. D. and thereupon he prays that the said C.
D. may be summone:i to
attend on at
being next
Dated
to answer such his demand.
A. B.-Plaintiff. ..
ORDINANCE 1o. 7 oF 1362.
Court of Summary Jurisdiction.
ston.tn.oxx.
To
IConykony t you arc hereby sununoned and requitrod to attend the Court of
~nmntnt;p Jurisdiction at
to wit. )
o'clock in the forenoon of the day of Ilion and there to answer the
-demand of entered against you in the said Court for the sutn of being
for (here state ea use of artinn and eonrgtlaint). And herein fail not,
or judgment will be passed, and
execution issued, against yon for the said sutn and costs. And you `till
take notice, that if yon have any
debt or demand to set off against the said plaintiff's claim. you are
hereby required to file or deliver the
Fame at the office of the said Court on or before the day of or you will be
precluded from giving evidence thereof on the trial or hearing. And you
twill further take notice, that a
plaint containing the particulars of the plaintiff's demand against you
has been filed in the office afore-
said, and that you may obtain a copy of the satnc, if you shall think
proper.
Witness 1:, h'., Judr;c of the said court, at vietorio,
the
in the
Endorsed nn the baele of Snntntvns.
day of
y ear of our reign.
[ 1.. S.1
The wi lhin;stunmons teas acrvc<1 on tt.e within named defendant fry
delivering' a true copy thereof on
The (lay of 78(i
To
Snbjmcna.
(0,(llnrtcerl the? crzntntnns.)
[Ion glzony S you, and each of you, arc hereby commanded, that all
excuses being laid aside, you, and each
to wit.
,of yon, be and appear in your own proper poison before the Court of
Summary Jurisdiction, on the
day of at o'clock in the forenoon, to testify all and singular what yon, or
either of yon,
know in a certain cause, or matter of complaint, now pending and
undetermined between
plaintiff, and defendant, then and there to be heard and determined. And
herein fail not at
,your peril.
Witness );. h'., Judge of the said Court, at Victoria,
the
in the
clay of
year of our reign.
Order er Deetee infiavour of Plain-tiff.
A. B.--Plainti,~:
(-;. D, -Defendant.
llutcrldsvt?!t j I t appearing to the Court that the plaintiff bath
proved hisdcmand, (tv7tollyor irt yatt.) it is
to xvit.
ordered and decreed, that the said plaintiff do recover from the said
defendant the sum of
together with
the said A. I3. the plaintiff the said sum,of
costs; and the said C. D. the defendant. is hereby ordered to pay to
in full satisfaction of the said debt and
-costs (forthwith, on demand thereof, or by the following instalments;
namely :-as the erzRe via f be).
Dated the clay of
in the year of our Lord, 186 .
ORDINANCE No. 7 of 1862.
Court of SunzmarJ Jurisdiction.
Ycrm of Dismissal.
A. B.-Plaintiff.
C. D.-Defendant.
1lnnglanmg ~ It appearing to this Court that the plaintiff entered. his
plaint and caused the above defendant
to wit.
to be summoned to attend this Court for (here state the cause of actioxz
or cotnpla-int; ) and the said
plaintiff having failed to prove his said plaint, it is hereby ordered
and decreed by the said Court, that
the plaint of the said A. E. be, and the same is hereby dismissed : And
that the said defendant do recover-
against the said plaintiff the sum of for costs: And the said A. B. the
plaintiff is hereby
ordered and directed forthwith, on demand, to pay the said C. D. the
defendant the said sum of
so awarded for his costs herein as aforesaid, and on failure thereof,
process will issue to take in execution
the goods, chattels, and effects of the said A. B., or his body, to
satisfy the said costs.
Dated the day of
in the year of our Lord, 186
Defendant's cosh;, ............ $
Writ or Precept to T3ailif
COURT or SUMMARY JURISDICTION
To Ills.
Between iA. B. Plaintiff.
and C. D.=Defendant.
Judge.
bailiff, and his assistants.
Tfnxzglcnng ~ You arc: hereby commanded to levy of the goods, chattels,
and effects, lands, tenements, suet'
to lost.
hcreditaments, of
sum of
which
for
of
in the Colony of Hongkong, the
of lately recovered against
damages and costs ; and if yon shall not find any goods,,
chattels, or effects, or any lands, tenements, or liereditaments
belonging to the said defendant whereof to-
levy, then you arc hereby commanded to take and arrest the body of the
said defendant, and him safely
to lodge in one of Her Majesty's gaols, there to remain for the period of
months unless he shall
sooner pay the damages and costs due to satisfy the said
damages and costs, as aforesaid, and have you there this writ.
Judgment ..............................
plaintiff
Witness E. r., Judge of the said Court at Victoria,
the day of
in the
Alias, or Phvrice.
year of our reign.
You are hereby commanded, as before you were commanded, (or, as '
oftentimes ' before yon were
counnanded, and tlt.e)t fOllUrl7 the aboveforxrt.).
ORDIN AN'CE NTo. 7 OF 1862.
Court of Summary Jurisdictio?a.
Order to dbsclrarge DVemdant (nit of Custody,
day of
A. E.-Plaintiff. -
C. D.-Defendant,
_7Iottgkouy } Yon are hereby- authorized to discharge out of your custody
the above named defendant,
to grit.
as far as regards the execution in the above case.
By order of the Court,
To the Governor of the Gaol at Hongkong.
SCHEDULE N-o. 2 TO VIIICII THIS OitDINr1VC.l: REFERS.
Entering Plaint:-
Claim not czcce<ling $10,
50,
Summons, ...................
Subpoena.,
1'ccr to be tre7cett in cases at and trader $50.
Every oath or declaration, , ...............................
Do. of arrest,. ........ , ......... .....
fees to be taken in oaseaabovn $50, and wider $100.
For entering every plaint, action, &c., and particulars of demand, . 4O.bt>
Entering every appearance and defenec, . , , 0.26
Summons for defendant, and copy, : : , , , 0,50
Any notice required during the coarse of proceedings,
....................................... 0.2.5)
Fee on hearing and adjudication, . , O.bU
Each subpcona of witness, and copy, 0.40
Drawing and signing order for costs, decree, or dismissal, each, , 0.50
livery oath or declaration of party or witness examined 0. 25
Warrant to bailiff for executing decree, . 1.25
Executing any decree or order , . , 1.25
Copies of any proceedings, perfolio, . , , 0.12
Filing and entering plaint,.
Summons for defendant and copy, . , 0.51)
If more than one defendant, each additional copy, 0.25
Subpoena and copy, each witness,
............................................... ........... 0.50
Bearing and adjudication, . 1.00
Every oath or declaration of party or witness,
.................................................... 0.2 5
Order for decree or dismissal, each, ........... , 0.50
Precept,
Executing precept, decree or order, . . , .... ,
Any notice required during proceedings, , :
_
Fees to be taken in Proceedings under section 12.
fSee Ord. v'o, (q!
'1971 w. 43.j
ORDINANCE No: 7 of 1862.
Court of Summary Jurisdiction.
Bailiff's 1ecs.
Service of summons, subpoena, order or notice, $0.25'
Putting into execution any order of Court, . . , .. 0.50'
Attorneys Zees.
I] caring and Attendance,
..........................................................................
......... $10.00'
fees to he taken in all cases over $100, except those under section 12.
Filing and entering plaint and particulars of demand,
Summons for defendant, and copy, . 1.00
if more than one defendant, each additional copy, 0.2r>
Filing set-off or other defence, 0.50
Paying money into Court . .............. , 0,50
S0
ubpcena and, copy, each wi.tness, 0.80
If caring and adjudication where the sum sought to be recovered shall not
exceed $200, 1.00'
Exceeding $200 and not exceeding $300, ................... 2.00
300
400
livery oath or declaration of party or witness, : ,. . . ., 0.25
Every reference to clerk or other officer of the Court,
:-,., ............... 1.00
Clerk's report, per folio, ,. . 0.50
Order for costs, decree, or dismissal, each, ,., .. ...... y, 1.00
1?recept, , , , , 2.50°
Executing precept, decree, or order, where the sum to be recovered shall
exceed $100 and not
exceed $250, . , .............. ................. 2.50
Exceeding $200 and not exceeding $500; , 3.i8-
lZeceipt to clerk for money paid out of Court, . , , 0.50
Any notice required during proceedings, .. ,
Copies of any proceedings, per folio, . , O.li>>.
Bailiffs' Fees.
For service of summons, subpoena, order, or notice, $0.50'
For every arrest or execution, , 1.00
When left in possession, per dieni ., , . 1.00'
Attorneys' 1ees.
Upon every sum of $100 in dispute, $3.00
Attendanoe at hearing, , 5.00
Note.-Upon the Judge's certificate being granted, as provided for in
section 18 the attorney of
the successful party shall recover the above fees from the opposite
party: in this cane the percentage
fee shall be calculated upon the gum recovered or successfully resisted.
[14 force by Proclamation of 7th July, 1862, and front flee same date.
All.'
repealed by Ordinance 1'V'o. 14 of 1813.]
NOTE.-For Mules of the Court of Sumnzazy Jurisdiction approved by the
Legislative Council 3rd June 1865, see Gazette o f the 10t1a of the same
month. And for
,futher Rules approved as aforesaid on the 17th SeptentLes 18'2, see
Gazette of the
21st of the same month.
505
Title. [See Ord. No. 1 of 1871.]
Preamble.
Ordinances No. 9 of 1845, No. 3 of 1849, No. 5 of 1854 adn No. 10 of 1857, repealed.
Court of Summary Jurisdiction constituted.
Summary Jurisdiction of Supreme Court transferred.
Civil Jurisdiction of Magistrates transferred.
Judge of Court of Summary Jurisdiction to be appointed.
Seal of Court.
Jurisdiction of Judge.
No cause of action to be split. [See Ord. No. 1 of 1871, sec 35.]
Notice of action, and special defences.
Writs of capias ad respondendum may be issue as in Supreme Court.
Costs.
Possession of tenements not exceeding five hundre dollars per annum, recoverable in the Court of Summary Jurisdiction.
If tenant, &c., neglect to appear or refuse to give possession, Court may, on proof of service of summons, issue a warrant to enforce the same.
Provisions as to arrears of rent.
Proceedings, orders, &c., may be in form prescribed in schedule No. 1.
Court may dismiss action or complaint with or without costs.
Consequences of not proceeding under Summary Jurisdiction.
Plaintiffs adn defendants to attend personally, unless unavoidably prevented.
Right of parties to be assisted by attorneys or agents.
Wtiness not attending and persons guilty of contempt, how punished.
Perjury.
Execution.
Power to appoint special bailiffs.
Orders and decreesmay be executed anywhere within the Colony.
Mode of execution.
Interpleader.
Imprisonment by process of Court not to exceed six months.
Liability of after-acquired effects.
Expenses of debtors' maintenance in prison to be paid by execution creditor.
Execution not to prejudice landlords.
Court may order money to be paid by instalments.
Appeal.
Actions against officers, &c.
General issue.
Proceedings not to be set aside for want of form.
Allowance and recovery of fees.
Clerk to receive and account for fees.
The Judge of the Court to reside in all such causes in the Supreme Court as the Chief Justice shall direct.
All proceedings and decrees before him to be vaalid as acts of the Supreme Court.
Proviso that no decrees, &c., of Chief Justice shall be reversed by such Judge.
Suspending clause.
[See Ord. No. 1 of 1871 sec. 45.]
Abstract
505
Title. [See Ord. No. 1 of 1871.]
Preamble.
Ordinances No. 9 of 1845, No. 3 of 1849, No. 5 of 1854 adn No. 10 of 1857, repealed.
Court of Summary Jurisdiction constituted.
Summary Jurisdiction of Supreme Court transferred.
Civil Jurisdiction of Magistrates transferred.
Judge of Court of Summary Jurisdiction to be appointed.
Seal of Court.
Jurisdiction of Judge.
No cause of action to be split. [See Ord. No. 1 of 1871, sec 35.]
Notice of action, and special defences.
Writs of capias ad respondendum may be issue as in Supreme Court.
Costs.
Possession of tenements not exceeding five hundre dollars per annum, recoverable in the Court of Summary Jurisdiction.
If tenant, &c., neglect to appear or refuse to give possession, Court may, on proof of service of summons, issue a warrant to enforce the same.
Provisions as to arrears of rent.
Proceedings, orders, &c., may be in form prescribed in schedule No. 1.
Court may dismiss action or complaint with or without costs.
Consequences of not proceeding under Summary Jurisdiction.
Plaintiffs adn defendants to attend personally, unless unavoidably prevented.
Right of parties to be assisted by attorneys or agents.
Wtiness not attending and persons guilty of contempt, how punished.
Perjury.
Execution.
Power to appoint special bailiffs.
Orders and decreesmay be executed anywhere within the Colony.
Mode of execution.
Interpleader.
Imprisonment by process of Court not to exceed six months.
Liability of after-acquired effects.
Expenses of debtors' maintenance in prison to be paid by execution creditor.
Execution not to prejudice landlords.
Court may order money to be paid by instalments.
Appeal.
Actions against officers, &c.
General issue.
Proceedings not to be set aside for want of form.
Allowance and recovery of fees.
Clerk to receive and account for fees.
The Judge of the Court to reside in all such causes in the Supreme Court as the Chief Justice shall direct.
All proceedings and decrees before him to be vaalid as acts of the Supreme Court.
Proviso that no decrees, &c., of Chief Justice shall be reversed by such Judge.
Suspending clause.
[See Ord. No. 1 of 1871 sec. 45.]
Title. [See Ord. No. 1 of 1871.]
Preamble.
Ordinances No. 9 of 1845, No. 3 of 1849, No. 5 of 1854 adn No. 10 of 1857, repealed.
Court of Summary Jurisdiction constituted.
Summary Jurisdiction of Supreme Court transferred.
Civil Jurisdiction of Magistrates transferred.
Judge of Court of Summary Jurisdiction to be appointed.
Seal of Court.
Jurisdiction of Judge.
No cause of action to be split. [See Ord. No. 1 of 1871, sec 35.]
Notice of action, and special defences.
Writs of capias ad respondendum may be issue as in Supreme Court.
Costs.
Possession of tenements not exceeding five hundre dollars per annum, recoverable in the Court of Summary Jurisdiction.
If tenant, &c., neglect to appear or refuse to give possession, Court may, on proof of service of summons, issue a warrant to enforce the same.
Provisions as to arrears of rent.
Proceedings, orders, &c., may be in form prescribed in schedule No. 1.
Court may dismiss action or complaint with or without costs.
Consequences of not proceeding under Summary Jurisdiction.
Plaintiffs adn defendants to attend personally, unless unavoidably prevented.
Right of parties to be assisted by attorneys or agents.
Wtiness not attending and persons guilty of contempt, how punished.
Perjury.
Execution.
Power to appoint special bailiffs.
Orders and decreesmay be executed anywhere within the Colony.
Mode of execution.
Interpleader.
Imprisonment by process of Court not to exceed six months.
Liability of after-acquired effects.
Expenses of debtors' maintenance in prison to be paid by execution creditor.
Execution not to prejudice landlords.
Court may order money to be paid by instalments.
Appeal.
Actions against officers, &c.
General issue.
Proceedings not to be set aside for want of form.
Allowance and recovery of fees.
Clerk to receive and account for fees.
The Judge of the Court to reside in all such causes in the Supreme Court as the Chief Justice shall direct.
All proceedings and decrees before him to be vaalid as acts of the Supreme Court.
Proviso that no decrees, &c., of Chief Justice shall be reversed by such Judge.
Suspending clause.
[See Ord. No. 1 of 1871 sec. 45.]
Identifier
https://oelawhk.lib.hku.hk/items/show/171
Edition
1890
Volume
v1
Cap / Ordinance No.
No. 7 of 1862
Number of Pages
12
Files
Collection
Historical Laws of Hong Kong Online
Citation
“COURT OF SUMMARY JURISDICTION ORDINANCE,” Historical Laws of Hong Kong Online, accessed March 1, 2025, https://oelawhk.lib.hku.hk/items/show/171.
