SUPREME COURT -- SUMMARY JURISDICTION ORDINANCE
Title
SUPREME COURT -- SUMMARY JURISDICTION ORDINANCE
Description
Supreme Court-Summary Jurisdiction.
No. 1 of 1871.
An Ordinatace to amend Ordinance No. 7 of 1862, and to provide for the
Summary, Trial of Cases in the, Supreme Court.
[3rd May, 1871.]
[WHEREAS it-is expedient to, amedd. Ordinance No. 7 of 1862 and to
provide _ for
the summary. trial of cases in the Supreme Court: Be it enacted by the
Goeeruox of Hdngkong, with the advice of the Legislative Council thereof,
as follows:
.' ~ 1, The following terms and expressions shall be understood as
hereinafter defined'
or explained, unless there be,something in the, subject or context
repugnant to such.
definition or explanation,; that is to say: ~..
The expression 'Principal Ordinance'shall mean Ordinance No: 7 of 1862-.
_:
The terms 'Court', and 'Judge' shall mean respectively the Court off'
Sum mary Jurisdiction and the Judge thereof.
The expression 'Sum in Dispute' shall, in proceedings under section 12 of`
the principal Ordinance, mean the annual value of the premises, and,
in other proceedings, shall mean the sum sought to he recovered.
ORDINANCE 'No.' 1 o) 1871.
Supeme E'ourt-Summnaary eTaiisdiction.
2. Sections 16, 17 and 18 of the principal Ordinance are hereby repekled,
subject
as to the last mentioned section to the exception hereinafter contained
in section 45.
3. The provisions of section 34 of the principal Ordinance are hereby
declared to
Rep oalirF
clause:
Declaratory as -
to section 34 of
apply to criminal as well as civil business, and the hearing and
determining of any principal
cause, matter, or thing by the Judge under the said section, shall be
conclusive evidence
of his power and authority so to do.
4. Section 9 of. Ordinance No. 1 of 1869, is hereby amended.by inserting
the nr,aisau,g
clause.
words 'ox criminal' after the word ' civil' in the ninth -line, and
likewise after the
word 'civil' in the tenth line'thereof.
Appearance of Parties.
15. In every cause or matter pending before the Court, the plaintiff and
defendant
if not represented by attorney or by attyney and counsel, as the case may
be, must
appear in. person: Provided always that in case it shall be proved to the
satisfaction of
the Judge, that any plaintiff or defendant who may not be represented as
aforesaid is
prevented by some good or sufficient cause from attending the Court in
person, the
Judge may, in his discretion, permit any relative, friend, or agent of
such plaintiff or
defendant, who shall satisfy the Court that he lies authority in that
behalf, to appear
for such plaintiff or defendant.
r .Attachment of Debts.
6. It shall be lawful for any creditor who has obtained a. judgment in
tie Court
to apply for an order that the jiadgmeiit debtoi,shbuld be orally
-examined before the
Court as to any and whaf debts are owing to him,
7. It shall.be lawful.for the, Court; upon the ex pizr$e applicatidii°of
tti6h'judgment
creditor, either before or after such oral examination, and upon afn4avft
by himself or
his attorney stating that judgment had been recovered;: and that it is
still unsatisfied,
and to what amount, and that any other person is indebted to the judgment
debtor,
and is within the jurisdiction of the Court, to order that` all debts
'Owing or accruing
from such third. person' (hereinafter called garnishee) to the judgment,
debtor;. shall be
attached to answer the judgment debt; and by the same;: or any subsequent
order,' it
may be ordered that the garnishee shall appear before the Court,.to shew
cause why he
should not pay the judgment, creditor the debt due from hiin to the
jiidgment debtor,
or so much thereof as may be sufficient to satisfy the judgment delft: '
8. Service of an order that debts due or' accruing to the j-ddginent
debtor shall be
attached, or notice thereof to the garnishee, -in such manner as the
Court shall direct;
shall bind such debts in his hands.
9. If the garnishee does not forthwith pay.into Court the amount due from
him
to the judgment debtor, or an amount equal to the judgment debt, and does
net diepute
the debt due or claimed to be due from him to the judgment debtor, or if
he does not
appear upon summons, their the Court may order execution to issue, and it
may be
sued forth xecordingly,'without-any previous writ .or process, to levy
the amount due
from such garnishee towards satisfaction of the judgment debt.
Parties to
appear lit
person or by
attorney.
Proviso.
Examination -
ofJndgmBnt
debtor as to.
debts dne.to-
him: -
~No. 8 of HUI-&
B1
Gonrt may order
an attachment
of debts.
No. B of 1855, s.
62.]
Order for
attachment to
bind debts.
[No. 6 0~ 1855, s.
53]
Proceedings to
levy amount due
from garnishee;
to judgment
debtor.
[No. 8 of 1855, a.
O.RDI:NANCE No. l of 18;1.
Supreme Court-Sumn:ary Jurisdiction.
'rroeeea:*g . - 10, If the garnishee disputes his liability, the Court,
instead of making an order
against jarni-
aA
ee. that execution shall issue, may order that the judgment creditor shall
be at liberty to
~Nj 8 of 1865, a.
6 proceed against the garnishee by summons calling upon him to show cause
why there
should not be execution against him for the alleged debt, or for the
amount due to the
judgment debtor, if less than the judgment debt,, and for cost of suit.
Attacbraent lI. There shall be kept in the office of the Court a debt
attachment book, and in
book to be kept
bytbe clerk or, such book entries shall be made of the attachment and
proceedings thereon, with names,
the Court.
6N,. 8 of 1886, s. dates a7ad statements of the amount recovered and
otherwise; and copies of any entries
made therein may be taken by any person, upon application to the clerk of
the Court.
Foreign Attachment.
eattoneor 12. 7.'roceedingg by foreign attachment may be taken in the
Court, in manner
contract, aet]nne `
and Grower. hereinafter provided, in all actions on contracts, and in
actions of detinue and hover,
provided that the breach of contract or the detention or conversion upon
which such,
actions shall be founded respectively shall have occurred within the
Colony, and that
the sum in dispute shall not exceed five hundred dollars.
rroeeeplngs.by , 13. If it shall appear to the satisfaction of the Judge,
by affidavit or otherwise:-
foreign -
attach.
ment. 1, That the plaintiff has taken out a summons against the defendant
and that
-the case is within the provisions of,the last preceding section; '
2. That the bailiff is unable. to serve the summons upon the defendant by
reason of his absence from the Colony, or that there is probable cause
to believe that the defendant is concealing himself to evade process;
3. That the defendant is beneficially entitled to any monies, securities
for
money, chattels or other property whatsoever (other than lands or any
interest therein) in the custody or under the control of any person
t
within the jurisdiction, or that such person (hereinafter called the
garnishee) is indebted to the defendant;
The Judge mad order. that a writ of foreign attachment in the form or to
the effect
contained in the first schedule of this Ordinance, shall issue, and that
service thereof
shall forthwith be made upon such garnishee: Provided always, that no
such order
shall be made unless the plaintiff or some one on his behalf shall first
enter into a bond
with one ar more sufficient sureties to be approved by the Court in such
sum as the
Court shall think fit to order, the condition of which said bond shall be
that in case
the defendant shall, at any time within the period limited by this
Ordinance in that
behalf, cause the judgment therein,given to be reversed or varied, the
plaintiff will pay
to the defendant ail such sums of honey, damages, costs and charges as
the Court may
order, on account of or in relation to the said action and the said
attachment or either
of them; and such bond shall be in such form as the Court shall approve
or direct:
''Priority of writs. ° : Irk. where two or more writs of foreign
attachment shall be served on the same
garnishee they shall take priority respectively according to the date and
time of the
order made by the Judge for the issue thereof; unless the Judge shall
otherwise direct.
ORDINANCE- Na: :1:-OF 1871..
Supreme Court-SummarrJ Jurisdiction.
15. From the time of the service of the writ upon the garnishee all such
property
as aforesaid to which the defendant mentioned in such writ is
beneficially entitled,
whether sblely or jointly with others, and which is in the custody or
under the control
of the garnishee, and all debts then due or accruing due by the garnishee
to the
defendant, shall to the extent of the defendant's interest therein be
respectively attached
in the hands of such garnishee (subject to any .boner, fide prior title
thereto or lien
thereon) to satisfy the claim of the plaintift.
16. The Judge may at any time,'upon such grounds as he shall deem
sufficient,
order any property attached under such writ to be sold.in such manner as
lie shall
direct and the net proceeds to be paid into Court, or may make an order
cancelling
such writ and dissolving the attachment either absolutely or upon such
terms as he
shall think reasonable.
17. Any garnishee who shall without leave or order of the Court at any
time after
the service of writ and before the attachment shall be dissolved,
knowingly path with
the custody or control of any property attached in his hands, or remove
the same out
of the jurisdiction of the Court, or sell or dispose of the same, or pap
over any debt
due by him to the defendant excepting only to or to the use of the
plaintiff, shall pay
such damages to the plaintiff as the Court shall award and shall be
liable to the same
punishment as is provided in the case of a person guilty of any contempt
before the
Court by section 19 of the principal Ordinance.
18. After the issue of a writ of foreign .attachment, the ,plaintiff may
proceed rroeeedtnga-.,,
upon laxtie of -
with his action as if there had been due service of ,the summons,
aid-shall eo.fitljlish writ. v
his claim to the satisfaction of the Judge, and in case he shall obtain.
a juelbmerit, the -
Judge may at the same or anysubsequent sitting examine the garnishee and
determine v$aminntionof
what property is subject to attachment in his hands under the writ served
upon him, garnishee.
,
aitd in cases where, the defendant shall have appeared and defended the
action, may
forthwith order -such property or ally part thereof to be applied.in
satisfaction of the
judgment and for that's purpose may, if necessary, make any order for the
sale and
realization thereof as the circumstances of the case require.
Property
,ttaebed front
service of writ,
subject to prior
title or lien.
Power to sell,
-
Property
attached, or
dissolve attuqh-
mast.
Penalty for
disposing of
property
attached without
leave of the
Court.
Order thereon
where defendant
appears.- ,
19. The defendant may, notwithstanding the issue of the writ of foreign
attach- pefenaantway
'appear and -
ment, appear and defend the action, and if judgment be, given against
him, may .deranaaetion.
oppose the order for the application of the property attached in
satisfaction thereof,
and in case judgment shall have been°obtained during, the absence of the
defendant
from the Colony; the defendant may at any time within six months from the
date of..
such judgment apply to the Court to review or re-hear the case in the
manner provided.
by.=section 29 hereinafter contained, and it shall be lawful for the
Court in ids di4cre=
tion so to do. _
sf .. 20. In cases where the defendant shall not have appeared: and
defended the
;action, no order for the application of any property so attached as
aforesaid or of she
proceeds thereof as the case may be, in satisfaction of the plaintiff's
judgment shall, be
made unless notice of the issue .of the .writ of foreign attachment .
shall have been
Order forapplicn-
tion of property
where defendant
does not appear:
Supreme Court-Summary Jurisdiction.
rroperty in
hands of public
ofHaers.
Croee action.
inserted twice in the Gazette or (in lieu thereof) in such one or more
newspapers of
the Colony as the Court may direct, nor until a period of thirty days
shall have elapsed
from the date of the service of the writ.
21. Property in the hands or under the control of any, public officer in
his official
capacity may be attached with the consent of the .Attorney General.
Discharge of, Garnishees.
22, The order of the Court made under the provisions hereinbefore
contained as
to attachment of debts and foreign attachment, in pursuance of which any
property
attached in the hands of a garnishee, shall be applied in satisfaction of
a judgment,
shall be a complete bar to 'any proceedings instituted against the
garnishee to recover
the same by any person whomsoever, but all persons claiming an interest
in the pro-
perty attached may appear before the Court for the purpose of opposing
the making of
(such order or of protecting their rights in or to such property:
Provided always that
such order shall be no bar to any proceedings instituted by such persons
against the'
plaintiff or judgment creditor into whose hands such property shall have
passed there-
under, or those claiming under them to recover the same or any part
thereof, unless
such persona had notice of the attachment and had the opportunity of
appearing before
the Court for the purpose of.opppaing suchoxder or protecting their,
rights as afomgiil,
and refused or neglected so to do. -
Procedure, Practice and Evidence.
23. Where a defendant raises a defence by way of set-off which, in the
opinion
of the Court, is not admissible as set=off, the Court may, if it shall
think fit, on his
application, give him liberty to withdraw such defence and to file a
cross summons,
anal may make such order for the hoaxing of the action and cross action
together~or
otherwise, on such terms as to coats, and other matters as seem just.
24. It shall be lawful for the defendant in any action in which if
judgment were
.obtained against him he would be entitled .to relief against-such
judgment on equitable
grounds to plead such grounds by way of defence and the plaintiftmay
reply in answer
to :any..auch plea of the defendant facts which avoid such plea on
equitable grounds:°
'F4opided that if itahall appear. to the Judge that any such equitable
plea or replication
ca~no_h be vdealt with by the Court so as to do justice between the
parties, or does not
4ioclose a good defence upon the merits, he clay order the same to be
struck out upon
such terms as to the. Court may seem reasonable.
25. The-Court shall have power, if it sae fit to do so, upon the
application of the
plaintiff in an action for detention of any chattel to order the return
of the chattel
detained without giving the defendant the option of paying the value,
assessed ax
otherwise agreed upon and in. case the defendant .shall refuse . or fail
without r~ps. onable
gauss to comply with such. arder,,the,Caur -may order him. to be
imprisoned for any
texm. dot exceeding six months:and.esecution to issue against his goods
and chattels
forahe.afnauut of suchassesssdor.agreed.value as aforeiiaidand-for the.
costs zwoverad.
[No: of 1866,
4ect,01,1$, 74;
and No. 6 y 1856,
JAI
'e c d li ry
r Utteles. ve
o ob
fNo.'8of-labs, a.
86; and 4ee 1Vo. 18
2,6. It shall be lawful for the Judge, if hehis. discretion,
think fit; ;to
:permit either party to use his books of account as evidence in support
of his claim or
defence and also to take and admit evidence by affidavit whenever a
special ground for'
receiving the same shall be shown to the satisfaction of the Court by the
party .
tendering it. '
2'7. Whenever any, action or proceeding before the Court, shall involve
or consist,
wholly or partly, of -matters of account which cannot be conveniently
investigated in
the ordinary way, the Judge-may refer such matter of accountto any
competent person,
for a report thereon, and may from time to time remit such report to the
referee for
re-consideration and may determine the action or proceeding before the
Court in
accordance with such report, or not, as he shall think fit. The Judge may
award any
sum which he shall deem just and sufficient under the circumstances by
way of
remuneration to the referee, and such sum shall be costs in the cause and
shall be paid
by such party and at such time as the Court shall order,, and the payment
thereof may
be enforced in the same manner as the payment of costs. .
28. The Judge may in any. proceeding 'before the Court order the
plaintiff to file, 'rbe Judge ;,~;ky
order written
within such time as he shall direct, a written statement of his claim and
may likewise statement anti
answer to be
order-the defendant within such time as aforesaid to file a written
answer to such flied.
statement.
29. It shall be-lawful for the presiding Judge, upon such. grounds; as:
he shalLln
his discretion think sufficient, and upon such -terms.as -he-ehall
0,-Myisw~amy
case or proceeding determined .by him, within .one month=°of
s*~deteru~tii,-, --.
(except where either party shall have appealed to the Supxepe
Court:andthe pe<tijes
shall not agree to the withdrawal of the appeal), and to
re-hear-suph:ca:q'e or proceeding,
wholly or in part, and to take fresli evidence, and. .to reverse, vary,
.or .confirm bis pre-
vious judgment and to make any order for the re-payment, of any. money
received ,
under such previous judgment and every such order may be enforced in the
same.
manner as an ordinary judgment. ,
30. The signature of the Judge shall not be, required to writs, precepts,
orders,
certificates, and other instruments issuing from the Court, if they
purport to be signed
by the'clerk of the Court by order of the Judge and tire stamped, with
the seal of the
`Court.
r.
~31. It.shall be. lawful for the Chief Justice in, case of then illness
or temporary At request of the
absence of the Judge, and in case he shall think fit at all times. at the
request of the Justice mayhear
any case.
.Judge, to bear and determine any cause pendiug in the Court and in every
such case so
heard and determined, the decision of the Chief Justice shall be final,
subject to the
provisions. of section-29. The hearing and determining of every such
,cause by the
Chief Justice shall be conclusive evidence of his power and authority, so
to do.
32. Where in -airy action of- contract brought or cowmeneed .in the
Supreme In certain oaFe
ChiefJnsticemay
Qquxt,, tha c4xm e;;Oorse,4 on. the writ ,dtoes not,.eeeed fiye.hun ed a
ilars or where order action to
,, ' .,. - X19 .~, . be tried in the
Account books.
Evidence by .
affidavit.
Matters of
account.
Power to ia-opon,
case.
Signature of
Judgeto
precepts,
&e., no longer
required.
ORDINANC E- No. 1 of 181.
Supreme Court-Summary Jurisdiction.
ConrG'of :hmi
mdry Jurisata
tlon.° _.
such claim, though it originally exceeded five hundred dollars, is
reduced by payment,
an admitted setoff, or otherwise, to a sure not exceeding five hundred
dollars, it shall
be lawful for the defendant in the action, within eight dace from the day
upon which
the writ shall have been served upon him, if the whole or part of the
demand of the
plaintiff be contested, to apply to the Chief Justice at clambers for a
summons to the -
plaintiff to show cause why such action should not be tried in the Court
of Summary
Jurisdiction; acrd on the bearing of such summons the Chief Justice
shall, unless there,
be good cause to the contrary, order such action to be tried accordingly,
and thereupon
the plaintiff shall lodge the original writ and the order with the clerk
of the Court of
Summary Jurisdiction, and the cause and all proceedings therein shall be
'heard ancI
taken in such Court as if the action had been originally commenced in
such Court;
and the costs of the parties in respect of proceedings subsequent to the
order of the
Chief Justice shall be allowed according to the scale of costs in use in
the Court of .
Summary Jurisdiction, and tire costs of the proceedings previously had in
the Supreme
Court shall be allowed according to the scale in use in such latter Court.
33. It shall be lawful for any person against whom, an action for
malicious
~~se~izton, a~e.~:,y~ ros'ecution illegal arrestr illegal distress,
assault, false imprisonment, libel slanderr,
1>rotia71tF1ic: -~. . _; , .~, ,
'seQntA£iou'or other action of tort, may be Lrbu(rLt in the Supreme Court
to make an
Wda'vrts .flat the plaintiff :Las no visible paeans of paying the costs o£
the defendant
'diction by Grla' *.
om~aaaci~e; ah-o'uld a verdrct be not found`fbr the plaintiff, and
thereupon the Chief Justice shall
ao m n vu., a
~428.-ro41. : ~~.~e ~o~r to rrit>alze an ocdexKtTiat ,unless the plaintiff
shall within a time to be-therein.
,meiuttiried give full security -for the defendant's costs to the
satisfaction of the Registrar
of the said Court, or satisfy the Chief Justice drat be has a cause of
action fit to be
' prpsecuted in the Supreme Court, all proceedings in the action shall be
stayed or
iti the event of the plaintiff being unable or unwilling to give such
security or failing to
satisfy the Chief Justiea as aforesaid, that the cause .be remitted for
trial before the Court
of Summary Jurisdiction; and thereupon tire IWintiff shall lodge the
original writ and
the order with the clerk of the, last. mentioned Court, who subject to
the order of the
Judge shall appoint a day for the hearing of the cause, notice whereof
shall, be sent by
thet clerk to both parties or their attornies; and the said
last-mentioned Court shall
have all the same powers and jurisdiction with respect to the .cause as
if the sum in
<fi~ute did not exceed five, hundred.dollars, and the action had been
originally coin--
menced_in the said Court, and the costs of the parties in respect of the
proceedings
subsequent to the order of the Chief Justice'shall be allowed according
to the kale of
costs in use in the Court of Summary Jurisdiction, 'and the costs of the
proceedings in
the Supreme Court shall be allowed according to the scale in use in such
latter Court
''~fiuTts:rtude°$800
by-and aKUrisG,, -:
'the orowli.
',: :.:
Crown suits and refund of rates.
34. Whenever a cause of action under any contract entered into in
relation to an
of of the public service, in which the.sum in dispute .shall not exceed
five-
hundred dollars shall accrue to the Crown against any person, or whenever
any person
shall have a. claim against the Crown under any ouch contract, the chief
officer. of such,
URDI\'A\CI~\o1 oF-I871.
Supreme Cozart=..8uanrnuty Jurisdiction.
department may sue and be sued on behalf of the Government in respect of
such cause =
of action or claim in and by his official capacity and designation:
Provided always that
no such suit shall he commenced without the consent o£ the Attorney
General; and
that nothing .herein contained.shall affect any other remedy in respect
of such cause of
action or claim. .
35. Section 8 of the principal Ordinance, as to the splitting of a cause
of action 1>ruyssfonsha. .
to Splitting
or demand shall not apply to prbceedings under Ordinance No..9 of 1$69,
or under tlie' d-ands not f.(i
aPCdy to Crown°°
last preceding section: a°itw
$6. The certificate of the Colonial Treasurer in actions brought by him
under Form orceira- ..
flcato Under
Ordinance No. 9 of 1869; shall be in the form given in the second
schedule hereto or ordinance No, >i
orlsae.
to the same effect and the nature and particulars of the claims, which
are requited to
be set forth, shall comprise the several matters specified at the head of
the different
columns in the said form; and in suits for the recovery of Crown rent the
certificate
shall be signed by the Surveyor General as well as by the Colonial
Treasurer.
37. The (_,olonial Treasurer may with the approval of the Judge appoint a
special
bailiff for the service of summonses, subpoenas and other process in
proceedings under
Ordinance No. 9 of 1869, arid such special bailiff shall bane in respect
of such proceed-
ings the like powers and be entitled to receive the same foes for the
service of process
therein as the bailiff appointed under the principal Ordinance.
38. The term of ten days within which claims for a refund of rates may.
be filed
under, section v of Ordinance No. 11 of 1867 is hereby extended
to.fifteen days,,; azid rn..`,:
proceedings under the said section for a refubd.of rates; it shall
to gibe notice to the Colonial Treasurer of the filirg.of.the petition as
~heiexp ppvrded;
but every such petition shall be referred.,lay thij Court to- the
Colon>,.who
shall thereupon examine into the correctness o£ the :claim and retu~n_
the sariie to the
Court with an endorsement to the effect =that the same is admitted, or
not admitted,
.as the case may be; and in case the claim shall not be admitted, the
Colonial Treasurer
or some person on his behalf shall appear in opposition thereto on such
day as the .
~Cburt shall appoint: -
Trucla be, fore a jury.
38. -It shall be lawful for eit>zer.'.pa;rty;.in_any.action colnmericed
i1a the Court of
Summary ` Jurisdiction to apply to tlie. Chief 'Tustiee.ap his clrambefs
in the Supreme
Court for a summons to the other party to show, cause why such action
should not be .
tried before a jury, and on the hearing of such summons it shall be
lawful for the
Chief Justice, if it shall appear to him-eapedieiit so to do, to order
that such action be
died in the Supreme Court before, the. Chief Justice and a jury under the
provisions,
hereinafter contained as to the summary trial of actions before the Chief
Justice in
cases where the sum in dispute exceeds five Hundred dollars, but does
not-eaceed'two
thousand dollars, and the costs of such application, and of the trial of
snob action shall
be liable to taxation by the Registrar of the Supreme Court in accordance
with the scale
,provided in the fourth schedule to this Ordinance. -,
SI
pecial bailiff
tinder Ordinance
No. a of 1889.
may. order autiprK-'
Fymmenmd to
the::Court to be '
tad bafnie'h1m'
wi£h-a jury:
ORD IMANCE No. 1 OF 1,971.
S'uyiteme'G~ourt-SummamJ Jurisdiction.
' Summary Trials before the Chief Justice.
iarcieainnacten 40. Whenever an action shall be commenced against any
person in the Supreme
above $500 and -
not exceeding Court which imight have been commenced in the Court of
Summary Jurisdiction, but.
2,000 may apply
orwmrnary for the sum in dispute exceeding five hundred dollars, or
whenever, any person shall
trial before the
Chief Justice. have a claim or demand which he is unable to enforce by
action in the Court of Sum-
mary Jurisdiction by reason only that the sum in dispute exceeds five
hundred dollars,
it sball be lawful for either of such persons, provided the sum in
dispute shall not
exceed two thousand dollars, to apply to the Chief Justice at his
chambers in the
SpTe Court for a summons to the defendant to show cause why such action
should
riot be tried summarily-before the .Chief Justice in the Supremo Court
with or ,without
Order thereon in
'discretion of
ChieP-Justice. -
41. If it shall appear to the satisfaction of the Chief Justice on the
hearing o£~
such summons, that the sum in dispute does not exceed two thousand
dollars, it shall.
be lawful for the Chief Justice in his discretion to order that such
action shall be tried`
before him accordingly: Provided always that the Chief Justice may also
at any time
before judgment rescind such order upon such terms as to costs or
otherwise as he
s~ah° think fit.
arses fof such 42. Upon the trial of ;everiy' such. action the following.
rules shall be observed
crfsrs.
I,;.T.ho action 'sh'afl:be'entitled.n the Supreme Court! °' For Summary
Trial'
and shall be commenced' by the ordinary, writ of summons of the Supreine~-
Court.
2. The parties, if they shall not appear in person, shall appear by
counsel
except by special leave o£ the Chief Justice.
3. The Chief Justice may; on the application of either party on summons at
chambers,. frame issues of _ law and of fact for the better trial and
deter-
mination of the cause.
4. The Chief Justice may, on the application o£ either party on
sumttio;os~at
chambers; if he sball,.think fit, direct that a jury be empanelled for the
trial of any issues of fact arising in the action, and all the provisions
of
the law `in force for the time being in relation to juries shall be deemed
to- a'pplyto the- trial -of such actions.
5: The 'fees o£ counsel and attorney in every such action shall be liable
to
taxation by the Registrar of the Supreme Court, and shall as between
party arid party be calculated according to the scale provided in the
fourth
schedule to this Ordinance.
G. It shall be lawful for the Chief Justice in addition to the powers
contained
in section 11 of the principal Ordinance to divide or apportion the .costs
between the parties or to order the same to tie paid by such party in
such,
manner and at such tunes as he shall in has discretion think fit.
ORDINANCENo'1 0F181;
Supreme Court:-.fummary< Jurisdiction.
7. The Chief Justice lay exercise in relatipn to every such action,~all
the
powers and authorities which are vested in the Judge of the Court of
Summary Jurisdiction upon the trial of actions in the Tryst mentioned
Court.
Provided always that it shall be lawful for the Chief Justice from time
to dine, by any ' chief justice
may make rules,
order to be approved by the Legislative Council, to frame rules for the
trial of all such and varyao8lea
of coats.
actions and to alter and' amend tile same and to vary the scalp of costs
contained in
the fourth schedule to this Ordinance.
43. Section 34 of the principal Ordinance shall not apply to the trial of
any such Chief Justice
action.
44. If any action, which might have been tried and determined by the Curt,
sliahl have been comrriebced in the Supreme Court, the plaintiff' if
successful shall not
be entitled by reason thereof to any costs unless the Chief Justice shall
certify tlxat the
case was a fit and proper one to be commenced in the Supremo Court:
Provided always Proviso.
that nothing heroin contained shall apply to proceedings commenced in the
Supreme
Court by the Attorney General on behalf of the Crown.
45. The fee of counsel, if allowed, shall as between party and party- be
twenty-
five'dollars and no more, and the scale of fees, contained in schedule. 2
of the, pxiucipal
Ordinance shall, ilptwithatanding the
repe~L~o~..sect~ti~:~_~St
thereof, remain in force, except so far as it relates to1etis
of.at0t4zes, which last
mentioned fens shall be regulated. in accordance- witq th'e~lewcontalq0
,zil,tlii
schedule to this Ordinance.
46, The costs of 'proceedings for attachment. of' debt's''.ard
foreign,attachment, costs in attao
Meat cases.
specified in the third schedule hereto shall be paid in.addition to, all
other costs payable
in the lotion out of which the proceedings shall arise.. ~ ` - '
47. The costs of an appeal, to the Supreme Court under section 29 of
the.peinci pal Costs on appeal.
Ordinance shall;-as between party and~party, be in accordance with the
scale, provided
°iii-that behalf in ;the fourth schedule to this Ordinance.
48: Whenever the service of writs-of summons, subpas4iid4lfetwprbcesa
shall. Expenses O
- anrvinv.nmi.i
be attended with expense; the bailiff .of' ~h~Court_shall-azo~c~pt by
order of the
J'tidge) be bound to effect such service, unless the reasonable -egpenaes
thereof 'shall'
have been .previously tendered, to =Mina -by the party requiring- such
service; and. such
expenses shall be costs..iu the cause:.
~ 49. It shall be lawful for the Judge in addition to the power vested
in, him by
section 33 of the principal Ordinance, from time 'to time by any such,
order to be
approved by~ the Legislative Council; as therein mentioned, to vary the
scale of Court
fees, and bailiffs' fees, and the scale of fees contained in the third
schedule to this
Ordinance. . : . . .
Conseqnencea'crf
not proceedingin
the Court where
practicable.
Fees of counsel
attorneys, &c.
Judge may
regulate and
vary scale of
fees.
ORDINANCE No. 1 OF 1871.
Supreme Court-Summary Jurisdiction.
---,Costs lnCrown 50. In actions brought by the Colonial Treasurer under
Ordinance No. 9 of 1869
or by or against any public officer under section 34 of this Ordinance,
the costs shall be
in the discretion of the Court in the same manner as in actions between
private parties,
and in every case in which costs shall be decreed against the Colonial
Treasurer or
such other public ofEcer, the same shall be paid by the Crown, and upon a
certificate
under the hand of the Judge, or of the Chief Justice, to the effect that
the sum therein
mentioned is payable by the Crown under the judgment of the Court or of
the Supreme
Court on appeal, it shall be lawful for the Colonial Treasurer and he is
hereby required
to satisfy the same out of any public monies for the time being in his
custody.
question its to 51. In case any question shall arise in relation to the
amount of fees payable to
amount of fees
to beaetermaed any counsel or attorney in any proceeding before the Court,
such question shall be
by the Judge.
summarily and finally determined by the Judge.
aeeursty for 52. The Judge may in all proceedings instituted in the Court,
exercise in his
,coots.
discretion the like powers as are vested in the Supreme Court with
respect to security
for costs, and also with respect to suits in forma pauperis.
Miscellaneous.
Conowrnction of
ordinance.
g3. This Ordinance and the principal Ordinance or so much thereof as is
not
hereby repealed shall be read together and be construed as if they formed
but one
Ordin4uce..
Ordinance not to 54. The provisions of this Ordinance shall not apply to
any action instituted
be retrospective:
before the commencement thereof.
FIRST SCI3EDULE.
IN THE COURT OF SUMMARY JURISDICTION.
Writ of bbrIttaclemnnt
Between A. B. Plaintiff;
and C. D. Defendant.
To Mr. bailiff and his assistants.
Hongkong ~ You are hereby commanded to attach in the hands of [r. F.] or
[G. Ti. I. J. K. respect-
to:wit. ively] all and singular the monies, securities for money,
chattels, or other property what-
soever (other than lands or any interest therein) to which the above
named defendant is beneficially
entitled whether solely or jointly with others and which are or is in the
custody or under the control of
the said [E: F.] or [G. H. I. J. K. respectively] at the time of your
serving him [or them] with this
writ and-also all debts due or accruing due from the sN,id [E. F.] or [G.
11. :. J. K.] or either of them; to
the above named defendant and you are hereby further commanded to summon
the said [E. F.] m
[G. Ii.' I: J. H. and each of them] that be [or they] appear before the
Court on the day of
then and there to be examined touching the premises, and further to do
and receive what the Court
shall then and there consider in this behalf, and have you then there
this writ.
Witness Judge of the said Court at Victoria the
day of 18
By order of the Judge,
Notice to be written under or endorsed upon or annexed to the wit.
Clerk.
ORDINANCE No. 1 OF 1871.
Supreme Court-Summary Jurisdiction.
Take notice that from the time of the service of this writ upon you all
such property as is mentioned
therein is to the extent of the defendant's interest in the said property
hereby attached in your hand,
and; subject to any ban& fide prior title. thereto or lion thereon, is
liable to the satisfaction of the
plaintiff's claim in this action. '
To Mr. E. I'. (or G. H. I. J. and h. severally.
[Sect ion 17 of this Ordinance to be endorsed on the writ.]
SECOND SCHEDULE.
A. B. .
[r»~ s Attorney.]
Form of Colonial TveaswrEr'a G'ertifloate under Ordinance No, 9 of 1869.
IN THE COURT OF SUMMARY JURISDICTION.
Ordinance No. 9 of 1569.
Nature and Particulars of Claims fur Crotvn Itcnt.
1 2 S 4 b
No. of Crown lot in respect Whether defendant is
Name of Amount of which the rent is clnimed. original lessee, orassignee For
what period the rent is
defendant. c:uimed, Term of lease. in possession ny purchase or claimed, and
when due.
mortgage.
lliztntre and Particulars of ,Claihtc for Poliae, Lighting, Miter , and-
fire Brigade Rates.
I 2 I 3 . - .~ b.
Name of Amount No. of tenement in respect Whether defendant is owner For
what period rates
defendant. claimed. of which rotes payable. or occupier. ' .claimed and when
due.
l1 ature and Particular p f Clavms fm, Spirit Licence Fees.
I ~ 2 ~ 3 . 4 . b
Name of ~ Amount Number, date and period Whether original licence For what
period, and
defendant. claimed. f licence. p or transferree of licence. Instalment,
entire fe or
instalment, and when~dne.
0IWINANCIi; No. 'i OF 18,71.
.Supreme Caurt-Summary Jurisdiction.
I hereby certify that-the several.peraons whose names are entered in the
first column :of the above
'schedule have made default in the payment to the Crown of the sums
appearing opposite to their
reypective names in the second column, and that the said persons are
severally liable to the payment
thereof in respect of the claims, the nature and particulars of which are
truly set forth opposite their
respective names in the third, fourth, and fifth columns.
' or (in suits for Crown rent,)
' 3, A.B., Colonial Treasurer of Hongkong, do hereby certify that the
several persons whose names
are entered in the first column of the above schedule have made default
in the payment of the sums
appearing opposite to their respective names in the second column, in
respect of Crown rent, and-1, A.B.,
Surveyor General, do hereby certify that the particulars of the above
claims for Crown rent against such
persons are truly set forth opposite their.respective names in the third,
fourth, and fifth columns.
THIRD SCHEDULE
COSTS OF ATTORNEY.
Colonial Treasurer,
eA-hearingfeo o£ $10 and $6.£or every $100 or part of $100 0£ the sum in
dispute, in excess of $200.
Par procuring the arrest-.of adefendant on a writ of ca, ad re., ... .
............... $10
Costs in Proiieetlamga for Attachment of Debts and in Farevgn Attachment,
Examination of each garnishee; ...... ........... : $5
Examination of judgment debtoi,
.......................................... , . :$fi
Every affidavit, ............ ................... : ,.$X
Every application to the Court, or in chambers, ........................ $5
.N..B.--The costs specified above shall cover all costs between party and
party except fees of Court
and other necessary disbursements and except counsel's fees when allowed.
Costs-of one. dayjs hearing only, to be allowed in each case, except by
special order of the Judge.
FEES OF COURT.
In Proceedings for Attanlamnnt of Debts and Foreign Attw.,hment.
an every
order of the Cour£,, .
, ....................... ......................... $1
Dp everi~;writ,-For each garnishee, , , , , $l
f'ounsel,
Attorney,
FOURTH SCHEDULE.
CpST.S.-BE.TWEliId 1'AItTY AND PARTY-OF SUMMARY TItIA7.S 13FFORLr THE
CHIEF JUSTICE UNDER THIS ORDINIANCE.
Snvrrmona in Chambers.
Costs of Hearing.
Counsel, , :
Attorney, $26, and $2.50.for every $100 or part of $loa of the sum in
dispute above $500.
..... , $2o to $1 OJ
No. 1 of 1871.
Supreme Court -- Summary Jurisdiction.
COSTS OF APPEAL TO THE SUPREME COURT TENDER SECTION 29 Oh` THE
PRINCIPAL ORDINANCE.
Attorney, $20 and $2.00 for every $100 or part.of $100 of the- sum in
dispute nbove.$200.
N.Il.-The costs specified in this schedule shall coverall
costs-,vhatever,under tlds Ordinance, escel>t
fees of Court and other necessary disbursements.
The delivery of a brief to a counsel shall operate as a retainer.
[Repealed by Ordinance No. 14 of 1878.]
1086
Title.
Preamble.
Interpretation clause.
1087
Repealing clause.
Declaratory as to section 34 of principal Ordinance.
Amending clause.
Parties to appear in person or by attorney.
Proviso.
Examination of Judgment debtor as to debts due to him.
[No. 6 of 1855, s. 51.]
Court may order an attachment of debts.
No. 6 of 1855, s. 52.]
Order for attachment to bind debts.
[No. 6 of 1855, s. 53]
Proceedings to levy amount due from garnishee to judgment debtor.
[No. 6 of 1855, s. 54.]
1088
Proceeding against garnishee.
[No. 6 of 1855, s. 55.]
Attachment book to be kept by the clerk by the clerk of the Court.
[No. 6 of 1855, s. 57.]
Actions of contract, detinue and trover.
Proceedings by foreign attachment.
Priority of writs.
1089
Property attached from service of writ, subject to prior title or lien.
Power to sell property attached, or dissolve attachment.
Penalty for disposing of property attached without leave of the Court.
Proceedings upon issue of writ.
Examination of garnishee.
Order thereon where defendant appears.
Defendant may appear and defend action.
Order for application of property where defendant does not appear.
1090
Property in hands of public officers.
Discharge of garnishee parting with property under order of the Court.
Cross action.
Equitable defences.
[No. 6 of 1855, sects. 71, 73, 74, and No. 5 of 1856, s. 7.]
Specific delivery of chattels.
[No. 6 of 1855, s. 66, and see No. 13 of 1864, s.3.]
1091
Account books.
Evidence by affidavit.
Matters of account.
The judge may order written statement and answer to be filed.
Power to re-open case.
Signature of Judge to precepts, &c., no longer required.
At request of the Judge, the Chief Justice may hear any case.
In certain case Chief Justice may order action to be tried in the
1092
Court of Summary Jurisdiction.
[30 & 31 Vict., c. 142 s. 7.]
Action for malicious prosection, &c., brought in Supreme Court may be remitted to the Court of Summary Jurisdiction by the Chief Justice.
[30 & 31 Vict., c. 142 s. 10.]
Suits under $500 by and against the Crown.
1093
Provisions as to splitting demands not to apply to Crown suits.
Form of certificate under Ordinance No. 9 of 1869.
Special bailiff under Ordinance No. 9 of 1867.
In certain case Chief Justice may order action commenced in the Court to be tried before him with a jury.
1094
Parties in actions above $500 and not exceeding $2,000 may apply for summary trial before the Chief Justice.
order thereon in discretion of Chief Justice.
Rules for such trials.
1095
Chief Justice may make rules, and vary scales fo costs.
Chief Justice must preside.
Consequences of not proceeding in the Court where practicable.
Proviso.
Fess of counsel attorney, &c.
Costs in attachment cases.
Costs on appeal.
Expenses of serving process.
Judge may regulate and vary scale of fees.
1096
Costs in Crown suits.
Question as to amount of fees to be determined by the Judge.
Security for costs.
Construction of Ordinance.
Ordinance not to be retrospective.
1099
No. 1 of 1871.
An Ordinatace to amend Ordinance No. 7 of 1862, and to provide for the
Summary, Trial of Cases in the, Supreme Court.
[3rd May, 1871.]
[WHEREAS it-is expedient to, amedd. Ordinance No. 7 of 1862 and to
provide _ for
the summary. trial of cases in the Supreme Court: Be it enacted by the
Goeeruox of Hdngkong, with the advice of the Legislative Council thereof,
as follows:
.' ~ 1, The following terms and expressions shall be understood as
hereinafter defined'
or explained, unless there be,something in the, subject or context
repugnant to such.
definition or explanation,; that is to say: ~..
The expression 'Principal Ordinance'shall mean Ordinance No: 7 of 1862-.
_:
The terms 'Court', and 'Judge' shall mean respectively the Court off'
Sum mary Jurisdiction and the Judge thereof.
The expression 'Sum in Dispute' shall, in proceedings under section 12 of`
the principal Ordinance, mean the annual value of the premises, and,
in other proceedings, shall mean the sum sought to he recovered.
ORDINANCE 'No.' 1 o) 1871.
Supeme E'ourt-Summnaary eTaiisdiction.
2. Sections 16, 17 and 18 of the principal Ordinance are hereby repekled,
subject
as to the last mentioned section to the exception hereinafter contained
in section 45.
3. The provisions of section 34 of the principal Ordinance are hereby
declared to
Rep oalirF
clause:
Declaratory as -
to section 34 of
apply to criminal as well as civil business, and the hearing and
determining of any principal
cause, matter, or thing by the Judge under the said section, shall be
conclusive evidence
of his power and authority so to do.
4. Section 9 of. Ordinance No. 1 of 1869, is hereby amended.by inserting
the nr,aisau,g
clause.
words 'ox criminal' after the word ' civil' in the ninth -line, and
likewise after the
word 'civil' in the tenth line'thereof.
Appearance of Parties.
15. In every cause or matter pending before the Court, the plaintiff and
defendant
if not represented by attorney or by attyney and counsel, as the case may
be, must
appear in. person: Provided always that in case it shall be proved to the
satisfaction of
the Judge, that any plaintiff or defendant who may not be represented as
aforesaid is
prevented by some good or sufficient cause from attending the Court in
person, the
Judge may, in his discretion, permit any relative, friend, or agent of
such plaintiff or
defendant, who shall satisfy the Court that he lies authority in that
behalf, to appear
for such plaintiff or defendant.
r .Attachment of Debts.
6. It shall be lawful for any creditor who has obtained a. judgment in
tie Court
to apply for an order that the jiadgmeiit debtoi,shbuld be orally
-examined before the
Court as to any and whaf debts are owing to him,
7. It shall.be lawful.for the, Court; upon the ex pizr$e applicatidii°of
tti6h'judgment
creditor, either before or after such oral examination, and upon afn4avft
by himself or
his attorney stating that judgment had been recovered;: and that it is
still unsatisfied,
and to what amount, and that any other person is indebted to the judgment
debtor,
and is within the jurisdiction of the Court, to order that` all debts
'Owing or accruing
from such third. person' (hereinafter called garnishee) to the judgment,
debtor;. shall be
attached to answer the judgment debt; and by the same;: or any subsequent
order,' it
may be ordered that the garnishee shall appear before the Court,.to shew
cause why he
should not pay the judgment, creditor the debt due from hiin to the
jiidgment debtor,
or so much thereof as may be sufficient to satisfy the judgment delft: '
8. Service of an order that debts due or' accruing to the j-ddginent
debtor shall be
attached, or notice thereof to the garnishee, -in such manner as the
Court shall direct;
shall bind such debts in his hands.
9. If the garnishee does not forthwith pay.into Court the amount due from
him
to the judgment debtor, or an amount equal to the judgment debt, and does
net diepute
the debt due or claimed to be due from him to the judgment debtor, or if
he does not
appear upon summons, their the Court may order execution to issue, and it
may be
sued forth xecordingly,'without-any previous writ .or process, to levy
the amount due
from such garnishee towards satisfaction of the judgment debt.
Parties to
appear lit
person or by
attorney.
Proviso.
Examination -
ofJndgmBnt
debtor as to.
debts dne.to-
him: -
~No. 8 of HUI-&
B1
Gonrt may order
an attachment
of debts.
No. B of 1855, s.
62.]
Order for
attachment to
bind debts.
[No. 6 0~ 1855, s.
53]
Proceedings to
levy amount due
from garnishee;
to judgment
debtor.
[No. 8 of 1855, a.
O.RDI:NANCE No. l of 18;1.
Supreme Court-Sumn:ary Jurisdiction.
'rroeeea:*g . - 10, If the garnishee disputes his liability, the Court,
instead of making an order
against jarni-
aA
ee. that execution shall issue, may order that the judgment creditor shall
be at liberty to
~Nj 8 of 1865, a.
6 proceed against the garnishee by summons calling upon him to show cause
why there
should not be execution against him for the alleged debt, or for the
amount due to the
judgment debtor, if less than the judgment debt,, and for cost of suit.
Attacbraent lI. There shall be kept in the office of the Court a debt
attachment book, and in
book to be kept
bytbe clerk or, such book entries shall be made of the attachment and
proceedings thereon, with names,
the Court.
6N,. 8 of 1886, s. dates a7ad statements of the amount recovered and
otherwise; and copies of any entries
made therein may be taken by any person, upon application to the clerk of
the Court.
Foreign Attachment.
eattoneor 12. 7.'roceedingg by foreign attachment may be taken in the
Court, in manner
contract, aet]nne `
and Grower. hereinafter provided, in all actions on contracts, and in
actions of detinue and hover,
provided that the breach of contract or the detention or conversion upon
which such,
actions shall be founded respectively shall have occurred within the
Colony, and that
the sum in dispute shall not exceed five hundred dollars.
rroeeeplngs.by , 13. If it shall appear to the satisfaction of the Judge,
by affidavit or otherwise:-
foreign -
attach.
ment. 1, That the plaintiff has taken out a summons against the defendant
and that
-the case is within the provisions of,the last preceding section; '
2. That the bailiff is unable. to serve the summons upon the defendant by
reason of his absence from the Colony, or that there is probable cause
to believe that the defendant is concealing himself to evade process;
3. That the defendant is beneficially entitled to any monies, securities
for
money, chattels or other property whatsoever (other than lands or any
interest therein) in the custody or under the control of any person
t
within the jurisdiction, or that such person (hereinafter called the
garnishee) is indebted to the defendant;
The Judge mad order. that a writ of foreign attachment in the form or to
the effect
contained in the first schedule of this Ordinance, shall issue, and that
service thereof
shall forthwith be made upon such garnishee: Provided always, that no
such order
shall be made unless the plaintiff or some one on his behalf shall first
enter into a bond
with one ar more sufficient sureties to be approved by the Court in such
sum as the
Court shall think fit to order, the condition of which said bond shall be
that in case
the defendant shall, at any time within the period limited by this
Ordinance in that
behalf, cause the judgment therein,given to be reversed or varied, the
plaintiff will pay
to the defendant ail such sums of honey, damages, costs and charges as
the Court may
order, on account of or in relation to the said action and the said
attachment or either
of them; and such bond shall be in such form as the Court shall approve
or direct:
''Priority of writs. ° : Irk. where two or more writs of foreign
attachment shall be served on the same
garnishee they shall take priority respectively according to the date and
time of the
order made by the Judge for the issue thereof; unless the Judge shall
otherwise direct.
ORDINANCE- Na: :1:-OF 1871..
Supreme Court-SummarrJ Jurisdiction.
15. From the time of the service of the writ upon the garnishee all such
property
as aforesaid to which the defendant mentioned in such writ is
beneficially entitled,
whether sblely or jointly with others, and which is in the custody or
under the control
of the garnishee, and all debts then due or accruing due by the garnishee
to the
defendant, shall to the extent of the defendant's interest therein be
respectively attached
in the hands of such garnishee (subject to any .boner, fide prior title
thereto or lien
thereon) to satisfy the claim of the plaintift.
16. The Judge may at any time,'upon such grounds as he shall deem
sufficient,
order any property attached under such writ to be sold.in such manner as
lie shall
direct and the net proceeds to be paid into Court, or may make an order
cancelling
such writ and dissolving the attachment either absolutely or upon such
terms as he
shall think reasonable.
17. Any garnishee who shall without leave or order of the Court at any
time after
the service of writ and before the attachment shall be dissolved,
knowingly path with
the custody or control of any property attached in his hands, or remove
the same out
of the jurisdiction of the Court, or sell or dispose of the same, or pap
over any debt
due by him to the defendant excepting only to or to the use of the
plaintiff, shall pay
such damages to the plaintiff as the Court shall award and shall be
liable to the same
punishment as is provided in the case of a person guilty of any contempt
before the
Court by section 19 of the principal Ordinance.
18. After the issue of a writ of foreign .attachment, the ,plaintiff may
proceed rroeeedtnga-.,,
upon laxtie of -
with his action as if there had been due service of ,the summons,
aid-shall eo.fitljlish writ. v
his claim to the satisfaction of the Judge, and in case he shall obtain.
a juelbmerit, the -
Judge may at the same or anysubsequent sitting examine the garnishee and
determine v$aminntionof
what property is subject to attachment in his hands under the writ served
upon him, garnishee.
,
aitd in cases where, the defendant shall have appeared and defended the
action, may
forthwith order -such property or ally part thereof to be applied.in
satisfaction of the
judgment and for that's purpose may, if necessary, make any order for the
sale and
realization thereof as the circumstances of the case require.
Property
,ttaebed front
service of writ,
subject to prior
title or lien.
Power to sell,
-
Property
attached, or
dissolve attuqh-
mast.
Penalty for
disposing of
property
attached without
leave of the
Court.
Order thereon
where defendant
appears.- ,
19. The defendant may, notwithstanding the issue of the writ of foreign
attach- pefenaantway
'appear and -
ment, appear and defend the action, and if judgment be, given against
him, may .deranaaetion.
oppose the order for the application of the property attached in
satisfaction thereof,
and in case judgment shall have been°obtained during, the absence of the
defendant
from the Colony; the defendant may at any time within six months from the
date of..
such judgment apply to the Court to review or re-hear the case in the
manner provided.
by.=section 29 hereinafter contained, and it shall be lawful for the
Court in ids di4cre=
tion so to do. _
sf .. 20. In cases where the defendant shall not have appeared: and
defended the
;action, no order for the application of any property so attached as
aforesaid or of she
proceeds thereof as the case may be, in satisfaction of the plaintiff's
judgment shall, be
made unless notice of the issue .of the .writ of foreign attachment .
shall have been
Order forapplicn-
tion of property
where defendant
does not appear:
Supreme Court-Summary Jurisdiction.
rroperty in
hands of public
ofHaers.
Croee action.
inserted twice in the Gazette or (in lieu thereof) in such one or more
newspapers of
the Colony as the Court may direct, nor until a period of thirty days
shall have elapsed
from the date of the service of the writ.
21. Property in the hands or under the control of any, public officer in
his official
capacity may be attached with the consent of the .Attorney General.
Discharge of, Garnishees.
22, The order of the Court made under the provisions hereinbefore
contained as
to attachment of debts and foreign attachment, in pursuance of which any
property
attached in the hands of a garnishee, shall be applied in satisfaction of
a judgment,
shall be a complete bar to 'any proceedings instituted against the
garnishee to recover
the same by any person whomsoever, but all persons claiming an interest
in the pro-
perty attached may appear before the Court for the purpose of opposing
the making of
(such order or of protecting their rights in or to such property:
Provided always that
such order shall be no bar to any proceedings instituted by such persons
against the'
plaintiff or judgment creditor into whose hands such property shall have
passed there-
under, or those claiming under them to recover the same or any part
thereof, unless
such persona had notice of the attachment and had the opportunity of
appearing before
the Court for the purpose of.opppaing suchoxder or protecting their,
rights as afomgiil,
and refused or neglected so to do. -
Procedure, Practice and Evidence.
23. Where a defendant raises a defence by way of set-off which, in the
opinion
of the Court, is not admissible as set=off, the Court may, if it shall
think fit, on his
application, give him liberty to withdraw such defence and to file a
cross summons,
anal may make such order for the hoaxing of the action and cross action
together~or
otherwise, on such terms as to coats, and other matters as seem just.
24. It shall be lawful for the defendant in any action in which if
judgment were
.obtained against him he would be entitled .to relief against-such
judgment on equitable
grounds to plead such grounds by way of defence and the plaintiftmay
reply in answer
to :any..auch plea of the defendant facts which avoid such plea on
equitable grounds:°
'F4opided that if itahall appear. to the Judge that any such equitable
plea or replication
ca~no_h be vdealt with by the Court so as to do justice between the
parties, or does not
4ioclose a good defence upon the merits, he clay order the same to be
struck out upon
such terms as to the. Court may seem reasonable.
25. The-Court shall have power, if it sae fit to do so, upon the
application of the
plaintiff in an action for detention of any chattel to order the return
of the chattel
detained without giving the defendant the option of paying the value,
assessed ax
otherwise agreed upon and in. case the defendant .shall refuse . or fail
without r~ps. onable
gauss to comply with such. arder,,the,Caur -may order him. to be
imprisoned for any
texm. dot exceeding six months:and.esecution to issue against his goods
and chattels
forahe.afnauut of suchassesssdor.agreed.value as aforeiiaidand-for the.
costs zwoverad.
[No: of 1866,
4ect,01,1$, 74;
and No. 6 y 1856,
JAI
'e c d li ry
r Utteles. ve
o ob
fNo.'8of-labs, a.
86; and 4ee 1Vo. 18
2,6. It shall be lawful for the Judge, if hehis. discretion,
think fit; ;to
:permit either party to use his books of account as evidence in support
of his claim or
defence and also to take and admit evidence by affidavit whenever a
special ground for'
receiving the same shall be shown to the satisfaction of the Court by the
party .
tendering it. '
2'7. Whenever any, action or proceeding before the Court, shall involve
or consist,
wholly or partly, of -matters of account which cannot be conveniently
investigated in
the ordinary way, the Judge-may refer such matter of accountto any
competent person,
for a report thereon, and may from time to time remit such report to the
referee for
re-consideration and may determine the action or proceeding before the
Court in
accordance with such report, or not, as he shall think fit. The Judge may
award any
sum which he shall deem just and sufficient under the circumstances by
way of
remuneration to the referee, and such sum shall be costs in the cause and
shall be paid
by such party and at such time as the Court shall order,, and the payment
thereof may
be enforced in the same manner as the payment of costs. .
28. The Judge may in any. proceeding 'before the Court order the
plaintiff to file, 'rbe Judge ;,~;ky
order written
within such time as he shall direct, a written statement of his claim and
may likewise statement anti
answer to be
order-the defendant within such time as aforesaid to file a written
answer to such flied.
statement.
29. It shall be-lawful for the presiding Judge, upon such. grounds; as:
he shalLln
his discretion think sufficient, and upon such -terms.as -he-ehall
0,-Myisw~amy
case or proceeding determined .by him, within .one month=°of
s*~deteru~tii,-, --.
(except where either party shall have appealed to the Supxepe
Court:andthe pe<tijes
shall not agree to the withdrawal of the appeal), and to
re-hear-suph:ca:q'e or proceeding,
wholly or in part, and to take fresli evidence, and. .to reverse, vary,
.or .confirm bis pre-
vious judgment and to make any order for the re-payment, of any. money
received ,
under such previous judgment and every such order may be enforced in the
same.
manner as an ordinary judgment. ,
30. The signature of the Judge shall not be, required to writs, precepts,
orders,
certificates, and other instruments issuing from the Court, if they
purport to be signed
by the'clerk of the Court by order of the Judge and tire stamped, with
the seal of the
`Court.
r.
~31. It.shall be. lawful for the Chief Justice in, case of then illness
or temporary At request of the
absence of the Judge, and in case he shall think fit at all times. at the
request of the Justice mayhear
any case.
.Judge, to bear and determine any cause pendiug in the Court and in every
such case so
heard and determined, the decision of the Chief Justice shall be final,
subject to the
provisions. of section-29. The hearing and determining of every such
,cause by the
Chief Justice shall be conclusive evidence of his power and authority, so
to do.
32. Where in -airy action of- contract brought or cowmeneed .in the
Supreme In certain oaFe
ChiefJnsticemay
Qquxt,, tha c4xm e;;Oorse,4 on. the writ ,dtoes not,.eeeed fiye.hun ed a
ilars or where order action to
,, ' .,. - X19 .~, . be tried in the
Account books.
Evidence by .
affidavit.
Matters of
account.
Power to ia-opon,
case.
Signature of
Judgeto
precepts,
&e., no longer
required.
ORDINANC E- No. 1 of 181.
Supreme Court-Summary Jurisdiction.
ConrG'of :hmi
mdry Jurisata
tlon.° _.
such claim, though it originally exceeded five hundred dollars, is
reduced by payment,
an admitted setoff, or otherwise, to a sure not exceeding five hundred
dollars, it shall
be lawful for the defendant in the action, within eight dace from the day
upon which
the writ shall have been served upon him, if the whole or part of the
demand of the
plaintiff be contested, to apply to the Chief Justice at clambers for a
summons to the -
plaintiff to show cause why such action should not be tried in the Court
of Summary
Jurisdiction; acrd on the bearing of such summons the Chief Justice
shall, unless there,
be good cause to the contrary, order such action to be tried accordingly,
and thereupon
the plaintiff shall lodge the original writ and the order with the clerk
of the Court of
Summary Jurisdiction, and the cause and all proceedings therein shall be
'heard ancI
taken in such Court as if the action had been originally commenced in
such Court;
and the costs of the parties in respect of proceedings subsequent to the
order of the
Chief Justice shall be allowed according to the scale of costs in use in
the Court of .
Summary Jurisdiction, and tire costs of the proceedings previously had in
the Supreme
Court shall be allowed according to the scale in use in such latter Court.
33. It shall be lawful for any person against whom, an action for
malicious
~~se~izton, a~e.~:,y~ ros'ecution illegal arrestr illegal distress,
assault, false imprisonment, libel slanderr,
1>rotia71tF1ic: -~. . _; , .~, ,
'seQntA£iou'or other action of tort, may be Lrbu(rLt in the Supreme Court
to make an
Wda'vrts .flat the plaintiff :Las no visible paeans of paying the costs o£
the defendant
'diction by Grla' *.
om~aaaci~e; ah-o'uld a verdrct be not found`fbr the plaintiff, and
thereupon the Chief Justice shall
ao m n vu., a
~428.-ro41. : ~~.~e ~o~r to rrit>alze an ocdexKtTiat ,unless the plaintiff
shall within a time to be-therein.
,meiuttiried give full security -for the defendant's costs to the
satisfaction of the Registrar
of the said Court, or satisfy the Chief Justice drat be has a cause of
action fit to be
' prpsecuted in the Supreme Court, all proceedings in the action shall be
stayed or
iti the event of the plaintiff being unable or unwilling to give such
security or failing to
satisfy the Chief Justiea as aforesaid, that the cause .be remitted for
trial before the Court
of Summary Jurisdiction; and thereupon tire IWintiff shall lodge the
original writ and
the order with the clerk of the, last. mentioned Court, who subject to
the order of the
Judge shall appoint a day for the hearing of the cause, notice whereof
shall, be sent by
thet clerk to both parties or their attornies; and the said
last-mentioned Court shall
have all the same powers and jurisdiction with respect to the .cause as
if the sum in
<fi~ute did not exceed five, hundred.dollars, and the action had been
originally coin--
menced_in the said Court, and the costs of the parties in respect of the
proceedings
subsequent to the order of the Chief Justice'shall be allowed according
to the kale of
costs in use in the Court of Summary Jurisdiction, 'and the costs of the
proceedings in
the Supreme Court shall be allowed according to the scale in use in such
latter Court
''~fiuTts:rtude°$800
by-and aKUrisG,, -:
'the orowli.
',: :.:
Crown suits and refund of rates.
34. Whenever a cause of action under any contract entered into in
relation to an
of of the public service, in which the.sum in dispute .shall not exceed
five-
hundred dollars shall accrue to the Crown against any person, or whenever
any person
shall have a. claim against the Crown under any ouch contract, the chief
officer. of such,
URDI\'A\CI~\o1 oF-I871.
Supreme Cozart=..8uanrnuty Jurisdiction.
department may sue and be sued on behalf of the Government in respect of
such cause =
of action or claim in and by his official capacity and designation:
Provided always that
no such suit shall he commenced without the consent o£ the Attorney
General; and
that nothing .herein contained.shall affect any other remedy in respect
of such cause of
action or claim. .
35. Section 8 of the principal Ordinance, as to the splitting of a cause
of action 1>ruyssfonsha. .
to Splitting
or demand shall not apply to prbceedings under Ordinance No..9 of 1$69,
or under tlie' d-ands not f.(i
aPCdy to Crown°°
last preceding section: a°itw
$6. The certificate of the Colonial Treasurer in actions brought by him
under Form orceira- ..
flcato Under
Ordinance No. 9 of 1869; shall be in the form given in the second
schedule hereto or ordinance No, >i
orlsae.
to the same effect and the nature and particulars of the claims, which
are requited to
be set forth, shall comprise the several matters specified at the head of
the different
columns in the said form; and in suits for the recovery of Crown rent the
certificate
shall be signed by the Surveyor General as well as by the Colonial
Treasurer.
37. The (_,olonial Treasurer may with the approval of the Judge appoint a
special
bailiff for the service of summonses, subpoenas and other process in
proceedings under
Ordinance No. 9 of 1869, arid such special bailiff shall bane in respect
of such proceed-
ings the like powers and be entitled to receive the same foes for the
service of process
therein as the bailiff appointed under the principal Ordinance.
38. The term of ten days within which claims for a refund of rates may.
be filed
under, section v of Ordinance No. 11 of 1867 is hereby extended
to.fifteen days,,; azid rn..`,:
proceedings under the said section for a refubd.of rates; it shall
to gibe notice to the Colonial Treasurer of the filirg.of.the petition as
~heiexp ppvrded;
but every such petition shall be referred.,lay thij Court to- the
Colon>,.who
shall thereupon examine into the correctness o£ the :claim and retu~n_
the sariie to the
Court with an endorsement to the effect =that the same is admitted, or
not admitted,
.as the case may be; and in case the claim shall not be admitted, the
Colonial Treasurer
or some person on his behalf shall appear in opposition thereto on such
day as the .
~Cburt shall appoint: -
Trucla be, fore a jury.
38. -It shall be lawful for eit>zer.'.pa;rty;.in_any.action colnmericed
i1a the Court of
Summary ` Jurisdiction to apply to tlie. Chief 'Tustiee.ap his clrambefs
in the Supreme
Court for a summons to the other party to show, cause why such action
should not be .
tried before a jury, and on the hearing of such summons it shall be
lawful for the
Chief Justice, if it shall appear to him-eapedieiit so to do, to order
that such action be
died in the Supreme Court before, the. Chief Justice and a jury under the
provisions,
hereinafter contained as to the summary trial of actions before the Chief
Justice in
cases where the sum in dispute exceeds five Hundred dollars, but does
not-eaceed'two
thousand dollars, and the costs of such application, and of the trial of
snob action shall
be liable to taxation by the Registrar of the Supreme Court in accordance
with the scale
,provided in the fourth schedule to this Ordinance. -,
SI
pecial bailiff
tinder Ordinance
No. a of 1889.
may. order autiprK-'
Fymmenmd to
the::Court to be '
tad bafnie'h1m'
wi£h-a jury:
ORD IMANCE No. 1 OF 1,971.
S'uyiteme'G~ourt-SummamJ Jurisdiction.
' Summary Trials before the Chief Justice.
iarcieainnacten 40. Whenever an action shall be commenced against any
person in the Supreme
above $500 and -
not exceeding Court which imight have been commenced in the Court of
Summary Jurisdiction, but.
2,000 may apply
orwmrnary for the sum in dispute exceeding five hundred dollars, or
whenever, any person shall
trial before the
Chief Justice. have a claim or demand which he is unable to enforce by
action in the Court of Sum-
mary Jurisdiction by reason only that the sum in dispute exceeds five
hundred dollars,
it sball be lawful for either of such persons, provided the sum in
dispute shall not
exceed two thousand dollars, to apply to the Chief Justice at his
chambers in the
SpTe Court for a summons to the defendant to show cause why such action
should
riot be tried summarily-before the .Chief Justice in the Supremo Court
with or ,without
Order thereon in
'discretion of
ChieP-Justice. -
41. If it shall appear to the satisfaction of the Chief Justice on the
hearing o£~
such summons, that the sum in dispute does not exceed two thousand
dollars, it shall.
be lawful for the Chief Justice in his discretion to order that such
action shall be tried`
before him accordingly: Provided always that the Chief Justice may also
at any time
before judgment rescind such order upon such terms as to costs or
otherwise as he
s~ah° think fit.
arses fof such 42. Upon the trial of ;everiy' such. action the following.
rules shall be observed
crfsrs.
I,;.T.ho action 'sh'afl:be'entitled.n the Supreme Court! °' For Summary
Trial'
and shall be commenced' by the ordinary, writ of summons of the Supreine~-
Court.
2. The parties, if they shall not appear in person, shall appear by
counsel
except by special leave o£ the Chief Justice.
3. The Chief Justice may; on the application of either party on summons at
chambers,. frame issues of _ law and of fact for the better trial and
deter-
mination of the cause.
4. The Chief Justice may, on the application o£ either party on
sumttio;os~at
chambers; if he sball,.think fit, direct that a jury be empanelled for the
trial of any issues of fact arising in the action, and all the provisions
of
the law `in force for the time being in relation to juries shall be deemed
to- a'pplyto the- trial -of such actions.
5: The 'fees o£ counsel and attorney in every such action shall be liable
to
taxation by the Registrar of the Supreme Court, and shall as between
party arid party be calculated according to the scale provided in the
fourth
schedule to this Ordinance.
G. It shall be lawful for the Chief Justice in addition to the powers
contained
in section 11 of the principal Ordinance to divide or apportion the .costs
between the parties or to order the same to tie paid by such party in
such,
manner and at such tunes as he shall in has discretion think fit.
ORDINANCENo'1 0F181;
Supreme Court:-.fummary< Jurisdiction.
7. The Chief Justice lay exercise in relatipn to every such action,~all
the
powers and authorities which are vested in the Judge of the Court of
Summary Jurisdiction upon the trial of actions in the Tryst mentioned
Court.
Provided always that it shall be lawful for the Chief Justice from time
to dine, by any ' chief justice
may make rules,
order to be approved by the Legislative Council, to frame rules for the
trial of all such and varyao8lea
of coats.
actions and to alter and' amend tile same and to vary the scalp of costs
contained in
the fourth schedule to this Ordinance.
43. Section 34 of the principal Ordinance shall not apply to the trial of
any such Chief Justice
action.
44. If any action, which might have been tried and determined by the Curt,
sliahl have been comrriebced in the Supreme Court, the plaintiff' if
successful shall not
be entitled by reason thereof to any costs unless the Chief Justice shall
certify tlxat the
case was a fit and proper one to be commenced in the Supremo Court:
Provided always Proviso.
that nothing heroin contained shall apply to proceedings commenced in the
Supreme
Court by the Attorney General on behalf of the Crown.
45. The fee of counsel, if allowed, shall as between party and party- be
twenty-
five'dollars and no more, and the scale of fees, contained in schedule. 2
of the, pxiucipal
Ordinance shall, ilptwithatanding the
repe~L~o~..sect~ti~:~_~St
thereof, remain in force, except so far as it relates to1etis
of.at0t4zes, which last
mentioned fens shall be regulated. in accordance- witq th'e~lewcontalq0
,zil,tlii
schedule to this Ordinance.
46, The costs of 'proceedings for attachment. of' debt's''.ard
foreign,attachment, costs in attao
Meat cases.
specified in the third schedule hereto shall be paid in.addition to, all
other costs payable
in the lotion out of which the proceedings shall arise.. ~ ` - '
47. The costs of an appeal, to the Supreme Court under section 29 of
the.peinci pal Costs on appeal.
Ordinance shall;-as between party and~party, be in accordance with the
scale, provided
°iii-that behalf in ;the fourth schedule to this Ordinance.
48: Whenever the service of writs-of summons, subpas4iid4lfetwprbcesa
shall. Expenses O
- anrvinv.nmi.i
be attended with expense; the bailiff .of' ~h~Court_shall-azo~c~pt by
order of the
J'tidge) be bound to effect such service, unless the reasonable -egpenaes
thereof 'shall'
have been .previously tendered, to =Mina -by the party requiring- such
service; and. such
expenses shall be costs..iu the cause:.
~ 49. It shall be lawful for the Judge in addition to the power vested
in, him by
section 33 of the principal Ordinance, from time 'to time by any such,
order to be
approved by~ the Legislative Council; as therein mentioned, to vary the
scale of Court
fees, and bailiffs' fees, and the scale of fees contained in the third
schedule to this
Ordinance. . : . . .
Conseqnencea'crf
not proceedingin
the Court where
practicable.
Fees of counsel
attorneys, &c.
Judge may
regulate and
vary scale of
fees.
ORDINANCE No. 1 OF 1871.
Supreme Court-Summary Jurisdiction.
---,Costs lnCrown 50. In actions brought by the Colonial Treasurer under
Ordinance No. 9 of 1869
or by or against any public officer under section 34 of this Ordinance,
the costs shall be
in the discretion of the Court in the same manner as in actions between
private parties,
and in every case in which costs shall be decreed against the Colonial
Treasurer or
such other public ofEcer, the same shall be paid by the Crown, and upon a
certificate
under the hand of the Judge, or of the Chief Justice, to the effect that
the sum therein
mentioned is payable by the Crown under the judgment of the Court or of
the Supreme
Court on appeal, it shall be lawful for the Colonial Treasurer and he is
hereby required
to satisfy the same out of any public monies for the time being in his
custody.
question its to 51. In case any question shall arise in relation to the
amount of fees payable to
amount of fees
to beaetermaed any counsel or attorney in any proceeding before the Court,
such question shall be
by the Judge.
summarily and finally determined by the Judge.
aeeursty for 52. The Judge may in all proceedings instituted in the Court,
exercise in his
,coots.
discretion the like powers as are vested in the Supreme Court with
respect to security
for costs, and also with respect to suits in forma pauperis.
Miscellaneous.
Conowrnction of
ordinance.
g3. This Ordinance and the principal Ordinance or so much thereof as is
not
hereby repealed shall be read together and be construed as if they formed
but one
Ordin4uce..
Ordinance not to 54. The provisions of this Ordinance shall not apply to
any action instituted
be retrospective:
before the commencement thereof.
FIRST SCI3EDULE.
IN THE COURT OF SUMMARY JURISDICTION.
Writ of bbrIttaclemnnt
Between A. B. Plaintiff;
and C. D. Defendant.
To Mr. bailiff and his assistants.
Hongkong ~ You are hereby commanded to attach in the hands of [r. F.] or
[G. Ti. I. J. K. respect-
to:wit. ively] all and singular the monies, securities for money,
chattels, or other property what-
soever (other than lands or any interest therein) to which the above
named defendant is beneficially
entitled whether solely or jointly with others and which are or is in the
custody or under the control of
the said [E: F.] or [G. H. I. J. K. respectively] at the time of your
serving him [or them] with this
writ and-also all debts due or accruing due from the sN,id [E. F.] or [G.
11. :. J. K.] or either of them; to
the above named defendant and you are hereby further commanded to summon
the said [E. F.] m
[G. Ii.' I: J. H. and each of them] that be [or they] appear before the
Court on the day of
then and there to be examined touching the premises, and further to do
and receive what the Court
shall then and there consider in this behalf, and have you then there
this writ.
Witness Judge of the said Court at Victoria the
day of 18
By order of the Judge,
Notice to be written under or endorsed upon or annexed to the wit.
Clerk.
ORDINANCE No. 1 OF 1871.
Supreme Court-Summary Jurisdiction.
Take notice that from the time of the service of this writ upon you all
such property as is mentioned
therein is to the extent of the defendant's interest in the said property
hereby attached in your hand,
and; subject to any ban& fide prior title. thereto or lion thereon, is
liable to the satisfaction of the
plaintiff's claim in this action. '
To Mr. E. I'. (or G. H. I. J. and h. severally.
[Sect ion 17 of this Ordinance to be endorsed on the writ.]
SECOND SCHEDULE.
A. B. .
[r»~ s Attorney.]
Form of Colonial TveaswrEr'a G'ertifloate under Ordinance No, 9 of 1869.
IN THE COURT OF SUMMARY JURISDICTION.
Ordinance No. 9 of 1569.
Nature and Particulars of Claims fur Crotvn Itcnt.
1 2 S 4 b
No. of Crown lot in respect Whether defendant is
Name of Amount of which the rent is clnimed. original lessee, orassignee For
what period the rent is
defendant. c:uimed, Term of lease. in possession ny purchase or claimed, and
when due.
mortgage.
lliztntre and Particulars of ,Claihtc for Poliae, Lighting, Miter , and-
fire Brigade Rates.
I 2 I 3 . - .~ b.
Name of Amount No. of tenement in respect Whether defendant is owner For
what period rates
defendant. claimed. of which rotes payable. or occupier. ' .claimed and when
due.
l1 ature and Particular p f Clavms fm, Spirit Licence Fees.
I ~ 2 ~ 3 . 4 . b
Name of ~ Amount Number, date and period Whether original licence For what
period, and
defendant. claimed. f licence. p or transferree of licence. Instalment,
entire fe or
instalment, and when~dne.
0IWINANCIi; No. 'i OF 18,71.
.Supreme Caurt-Summary Jurisdiction.
I hereby certify that-the several.peraons whose names are entered in the
first column :of the above
'schedule have made default in the payment to the Crown of the sums
appearing opposite to their
reypective names in the second column, and that the said persons are
severally liable to the payment
thereof in respect of the claims, the nature and particulars of which are
truly set forth opposite their
respective names in the third, fourth, and fifth columns.
' or (in suits for Crown rent,)
' 3, A.B., Colonial Treasurer of Hongkong, do hereby certify that the
several persons whose names
are entered in the first column of the above schedule have made default
in the payment of the sums
appearing opposite to their respective names in the second column, in
respect of Crown rent, and-1, A.B.,
Surveyor General, do hereby certify that the particulars of the above
claims for Crown rent against such
persons are truly set forth opposite their.respective names in the third,
fourth, and fifth columns.
THIRD SCHEDULE
COSTS OF ATTORNEY.
Colonial Treasurer,
eA-hearingfeo o£ $10 and $6.£or every $100 or part of $100 0£ the sum in
dispute, in excess of $200.
Par procuring the arrest-.of adefendant on a writ of ca, ad re., ... .
............... $10
Costs in Proiieetlamga for Attachment of Debts and in Farevgn Attachment,
Examination of each garnishee; ...... ........... : $5
Examination of judgment debtoi,
.......................................... , . :$fi
Every affidavit, ............ ................... : ,.$X
Every application to the Court, or in chambers, ........................ $5
.N..B.--The costs specified above shall cover all costs between party and
party except fees of Court
and other necessary disbursements and except counsel's fees when allowed.
Costs-of one. dayjs hearing only, to be allowed in each case, except by
special order of the Judge.
FEES OF COURT.
In Proceedings for Attanlamnnt of Debts and Foreign Attw.,hment.
an every
order of the Cour£,, .
, ....................... ......................... $1
Dp everi~;writ,-For each garnishee, , , , , $l
f'ounsel,
Attorney,
FOURTH SCHEDULE.
CpST.S.-BE.TWEliId 1'AItTY AND PARTY-OF SUMMARY TItIA7.S 13FFORLr THE
CHIEF JUSTICE UNDER THIS ORDINIANCE.
Snvrrmona in Chambers.
Costs of Hearing.
Counsel, , :
Attorney, $26, and $2.50.for every $100 or part of $loa of the sum in
dispute above $500.
..... , $2o to $1 OJ
No. 1 of 1871.
Supreme Court -- Summary Jurisdiction.
COSTS OF APPEAL TO THE SUPREME COURT TENDER SECTION 29 Oh` THE
PRINCIPAL ORDINANCE.
Attorney, $20 and $2.00 for every $100 or part.of $100 of the- sum in
dispute nbove.$200.
N.Il.-The costs specified in this schedule shall coverall
costs-,vhatever,under tlds Ordinance, escel>t
fees of Court and other necessary disbursements.
The delivery of a brief to a counsel shall operate as a retainer.
[Repealed by Ordinance No. 14 of 1878.]
1086
Title.
Preamble.
Interpretation clause.
1087
Repealing clause.
Declaratory as to section 34 of principal Ordinance.
Amending clause.
Parties to appear in person or by attorney.
Proviso.
Examination of Judgment debtor as to debts due to him.
[No. 6 of 1855, s. 51.]
Court may order an attachment of debts.
No. 6 of 1855, s. 52.]
Order for attachment to bind debts.
[No. 6 of 1855, s. 53]
Proceedings to levy amount due from garnishee to judgment debtor.
[No. 6 of 1855, s. 54.]
1088
Proceeding against garnishee.
[No. 6 of 1855, s. 55.]
Attachment book to be kept by the clerk by the clerk of the Court.
[No. 6 of 1855, s. 57.]
Actions of contract, detinue and trover.
Proceedings by foreign attachment.
Priority of writs.
1089
Property attached from service of writ, subject to prior title or lien.
Power to sell property attached, or dissolve attachment.
Penalty for disposing of property attached without leave of the Court.
Proceedings upon issue of writ.
Examination of garnishee.
Order thereon where defendant appears.
Defendant may appear and defend action.
Order for application of property where defendant does not appear.
1090
Property in hands of public officers.
Discharge of garnishee parting with property under order of the Court.
Cross action.
Equitable defences.
[No. 6 of 1855, sects. 71, 73, 74, and No. 5 of 1856, s. 7.]
Specific delivery of chattels.
[No. 6 of 1855, s. 66, and see No. 13 of 1864, s.3.]
1091
Account books.
Evidence by affidavit.
Matters of account.
The judge may order written statement and answer to be filed.
Power to re-open case.
Signature of Judge to precepts, &c., no longer required.
At request of the Judge, the Chief Justice may hear any case.
In certain case Chief Justice may order action to be tried in the
1092
Court of Summary Jurisdiction.
[30 & 31 Vict., c. 142 s. 7.]
Action for malicious prosection, &c., brought in Supreme Court may be remitted to the Court of Summary Jurisdiction by the Chief Justice.
[30 & 31 Vict., c. 142 s. 10.]
Suits under $500 by and against the Crown.
1093
Provisions as to splitting demands not to apply to Crown suits.
Form of certificate under Ordinance No. 9 of 1869.
Special bailiff under Ordinance No. 9 of 1867.
In certain case Chief Justice may order action commenced in the Court to be tried before him with a jury.
1094
Parties in actions above $500 and not exceeding $2,000 may apply for summary trial before the Chief Justice.
order thereon in discretion of Chief Justice.
Rules for such trials.
1095
Chief Justice may make rules, and vary scales fo costs.
Chief Justice must preside.
Consequences of not proceeding in the Court where practicable.
Proviso.
Fess of counsel attorney, &c.
Costs in attachment cases.
Costs on appeal.
Expenses of serving process.
Judge may regulate and vary scale of fees.
1096
Costs in Crown suits.
Question as to amount of fees to be determined by the Judge.
Security for costs.
Construction of Ordinance.
Ordinance not to be retrospective.
1099
Abstract
1086
Title.
Preamble.
Interpretation clause.
1087
Repealing clause.
Declaratory as to section 34 of principal Ordinance.
Amending clause.
Parties to appear in person or by attorney.
Proviso.
Examination of Judgment debtor as to debts due to him.
[No. 6 of 1855, s. 51.]
Court may order an attachment of debts.
No. 6 of 1855, s. 52.]
Order for attachment to bind debts.
[No. 6 of 1855, s. 53]
Proceedings to levy amount due from garnishee to judgment debtor.
[No. 6 of 1855, s. 54.]
1088
Proceeding against garnishee.
[No. 6 of 1855, s. 55.]
Attachment book to be kept by the clerk by the clerk of the Court.
[No. 6 of 1855, s. 57.]
Actions of contract, detinue and trover.
Proceedings by foreign attachment.
Priority of writs.
1089
Property attached from service of writ, subject to prior title or lien.
Power to sell property attached, or dissolve attachment.
Penalty for disposing of property attached without leave of the Court.
Proceedings upon issue of writ.
Examination of garnishee.
Order thereon where defendant appears.
Defendant may appear and defend action.
Order for application of property where defendant does not appear.
1090
Property in hands of public officers.
Discharge of garnishee parting with property under order of the Court.
Cross action.
Equitable defences.
[No. 6 of 1855, sects. 71, 73, 74, and No. 5 of 1856, s. 7.]
Specific delivery of chattels.
[No. 6 of 1855, s. 66, and see No. 13 of 1864, s.3.]
1091
Account books.
Evidence by affidavit.
Matters of account.
The judge may order written statement and answer to be filed.
Power to re-open case.
Signature of Judge to precepts, &c., no longer required.
At request of the Judge, the Chief Justice may hear any case.
In certain case Chief Justice may order action to be tried in the
1092
Court of Summary Jurisdiction.
[30 & 31 Vict., c. 142 s. 7.]
Action for malicious prosection, &c., brought in Supreme Court may be remitted to the Court of Summary Jurisdiction by the Chief Justice.
[30 & 31 Vict., c. 142 s. 10.]
Suits under $500 by and against the Crown.
1093
Provisions as to splitting demands not to apply to Crown suits.
Form of certificate under Ordinance No. 9 of 1869.
Special bailiff under Ordinance No. 9 of 1867.
In certain case Chief Justice may order action commenced in the Court to be tried before him with a jury.
1094
Parties in actions above $500 and not exceeding $2,000 may apply for summary trial before the Chief Justice.
order thereon in discretion of Chief Justice.
Rules for such trials.
1095
Chief Justice may make rules, and vary scales fo costs.
Chief Justice must preside.
Consequences of not proceeding in the Court where practicable.
Proviso.
Fess of counsel attorney, &c.
Costs in attachment cases.
Costs on appeal.
Expenses of serving process.
Judge may regulate and vary scale of fees.
1096
Costs in Crown suits.
Question as to amount of fees to be determined by the Judge.
Security for costs.
Construction of Ordinance.
Ordinance not to be retrospective.
1099
Title.
Preamble.
Interpretation clause.
1087
Repealing clause.
Declaratory as to section 34 of principal Ordinance.
Amending clause.
Parties to appear in person or by attorney.
Proviso.
Examination of Judgment debtor as to debts due to him.
[No. 6 of 1855, s. 51.]
Court may order an attachment of debts.
No. 6 of 1855, s. 52.]
Order for attachment to bind debts.
[No. 6 of 1855, s. 53]
Proceedings to levy amount due from garnishee to judgment debtor.
[No. 6 of 1855, s. 54.]
1088
Proceeding against garnishee.
[No. 6 of 1855, s. 55.]
Attachment book to be kept by the clerk by the clerk of the Court.
[No. 6 of 1855, s. 57.]
Actions of contract, detinue and trover.
Proceedings by foreign attachment.
Priority of writs.
1089
Property attached from service of writ, subject to prior title or lien.
Power to sell property attached, or dissolve attachment.
Penalty for disposing of property attached without leave of the Court.
Proceedings upon issue of writ.
Examination of garnishee.
Order thereon where defendant appears.
Defendant may appear and defend action.
Order for application of property where defendant does not appear.
1090
Property in hands of public officers.
Discharge of garnishee parting with property under order of the Court.
Cross action.
Equitable defences.
[No. 6 of 1855, sects. 71, 73, 74, and No. 5 of 1856, s. 7.]
Specific delivery of chattels.
[No. 6 of 1855, s. 66, and see No. 13 of 1864, s.3.]
1091
Account books.
Evidence by affidavit.
Matters of account.
The judge may order written statement and answer to be filed.
Power to re-open case.
Signature of Judge to precepts, &c., no longer required.
At request of the Judge, the Chief Justice may hear any case.
In certain case Chief Justice may order action to be tried in the
1092
Court of Summary Jurisdiction.
[30 & 31 Vict., c. 142 s. 7.]
Action for malicious prosection, &c., brought in Supreme Court may be remitted to the Court of Summary Jurisdiction by the Chief Justice.
[30 & 31 Vict., c. 142 s. 10.]
Suits under $500 by and against the Crown.
1093
Provisions as to splitting demands not to apply to Crown suits.
Form of certificate under Ordinance No. 9 of 1869.
Special bailiff under Ordinance No. 9 of 1867.
In certain case Chief Justice may order action commenced in the Court to be tried before him with a jury.
1094
Parties in actions above $500 and not exceeding $2,000 may apply for summary trial before the Chief Justice.
order thereon in discretion of Chief Justice.
Rules for such trials.
1095
Chief Justice may make rules, and vary scales fo costs.
Chief Justice must preside.
Consequences of not proceeding in the Court where practicable.
Proviso.
Fess of counsel attorney, &c.
Costs in attachment cases.
Costs on appeal.
Expenses of serving process.
Judge may regulate and vary scale of fees.
1096
Costs in Crown suits.
Question as to amount of fees to be determined by the Judge.
Security for costs.
Construction of Ordinance.
Ordinance not to be retrospective.
1099
Identifier
https://oelawhk.lib.hku.hk/items/show/287
Edition
1890
Volume
v2
Cap / Ordinance No.
No. 1 of 1871
Number of Pages
14
Files
Collection
Historical Laws of Hong Kong Online
Citation
“SUPREME COURT -- SUMMARY JURISDICTION ORDINANCE,” Historical Laws of Hong Kong Online, accessed February 24, 2025, https://oelawhk.lib.hku.hk/items/show/287.
