SURPREME COURT -- SUMMARY JURISDICTION ORDINANCE
Title
SURPREME COURT -- SUMMARY JURISDICTION ORDINANCE
Description
Supreme Court-Summary Jurisdiction.
No. 9 of 1845.
An Ordinance to invest the Supreme Court of Hongkong with a summary mite.
Jurisdiction in certain Cases.
[19th August, 1845.
WHEREAS it is expedient that debts and damages of a, small and trifling
amount Preamble,
should be recoverable in the Supreme Court of Hongkong in a summary and
expeditious manner:-
1. Be it therefore enacted and ordained by the Governor of Hongkong, with
the
advice of the Legislative Council thereof, that the said Supreme Court
shall have full
power and authority to hear and determine in a summary way, and without
the inter.
yention of a jury, all disputes and differences between party and party
touching any
matter of debt, breach of covenant or promise, injury to the person or
property, or
other matter, where the debt or damages sought to be recovered shall not
exceed the
sum of one hundred dollars, [Amended by Section 2 of Ordinance No. 3 of
1849.E except
the matter in question shall relate to the title of any lands, tenements,
or hereditaments,
or to the taking of any duty payable to Hex Majesty, or to any fee of
office or other
matter where rights in future might be bound, or to any general right or
duty: Provided
that no party shall be precluded or exempted from suing or being sued
under the aforesaid
summary jurisdiction by reason of his or her not having attained the full
age of twenty:
one years, or by season o£ coverture where the husband shall not~be
resident within the
said Colony of Hongkong. [Amended further by Ordinance No. 5 of 1854.]
No cause of
action to be split,
butt the COnrt
may decide
thereon, if
plaintiff be
satisfied to
receive the sum
awarded in fall
of all demands.
4 Ordinawee
03 qf.1849.1
ORDI~TANCEA No. 9 of 185.
Supreme Court-Summary Twisdiction.
2. And be it further enacted and ordained, that no cause of action or
complaint
which shall exist at any one tuna, and amount in the whole to a sum
exceeding the sum
of one hundred dollars * as aforesaid, shall be split nor divided so as
to be made the
ground of two or more different actions or complaints, in order to bring
such eases
within the summary jurisdiction created by this Ordinance; but if the
Chief Justice
of the said Supreme Court 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 lawfully
-ma): Provided that if such plaintiff shall be satisfied to recover such
sum as, accord-
ing to this Ordinance, the summary jurisdiction of the said Court is made
to extend
to, in full of the whole of such his demand, then the said Chief Justice
shall and may,
if such plaintiff shall satisfactorily prove his case, make and pronounce
an order or
decree for such plaintiff for such sum as shall in such case be demanded
by the process,
so as such sum dose not exceed the summary jurisdiction created by this
Ordinance;
and the same shall be expressed in such order or decree to be, and shall
be, in full die.
charge of the whole of such demand, and shall be a full and complete bar
to any other
action or complaint which may be brought or made thereon in the name or
any Court
whatever.
No aammary 3. And be it further enacted and ordained, that nothing herein
contained relating
certain cases. to the summery jurisdiction aforesaid shall extend to an
j y debt being the disputed bal-
6,rice of an unsettled account originally exceeding one hundred dollars,
nor to any debt
or supposed debt, for any money or thing won, or alleged to have been
won, at or by
means of any horse-race, cock-match, wager, or any kind of chance,
gaming, or play, or
to any debt for which there has not been a contract, acknowledgment,
.undertaking, or
promise to pay, within three years before the taking out of the summons.
[In se ftzr
as it relates to cony disputed balance of an unsettled accozvrct:
Repealed by Ordinance~ko.
3 of 1849.]
Power. to
examine
plaintiffs and
defendants on
oath, and to
award costs, &C.
Proceedings,
orders, &c, to be
in form
prescribed in
schedule.
4. And.for the better discovery of the truth, and the more speedily
obtaining the
end of such actions or complaints, be it further enacted and ordained,
that it shall and
may be lawful for the said Chief Justice to examine tile plaintiff or
plaintiffs, defendant
or defendants, viva voce on their several corporal oaths; and that it
shall be lawful for
the said Chief Justice to award costs in all actions or complaints heard
and determined
under the aforesaid summary jurisdiction, and to allow to the plaintiff-
or defendant,
and to his, her, or their witnesses, such reasonable sum or sums of money
for his, her,
or their attendance and loss of time as he the said Chief Justice shall
think fit.
5. And be it further enacted and ordained, that the several proceedings,
orders,
decrees, and dismissals, which shall be taken, prosecuted, made, and
pronounced in
pursuance of the aforesaid summary jurisdiction, shall be in the form
prescribed in
the schedule hereunto annexed, or as near thereto as circumstances will
admit.
ORDINANCE No. 9 of 1845.
Supreme Court-Summary Jurisdiction:
g, And be it farther enacted and ordained, that it shall be lawful for
the said cenrcrnay
Chief Justice, and he is hereby authorized and empowered, to dismiss any
such action compl~intw°itn r
coats.
or complaint before him with costs, and either on the merits, or without
prejudice to,
further or other proceedings, as he shall think fit.
7. And be it further enacted and ordained, that if any action or suit
shall be
commenced in the said Supreme Court for any debt or damages other than
herein-
before excepted, not exceeding the sum of one hundred dollars, * and
recoverable under
and by virtue of the summary jurisdiction given by this Ordinance, the
plaintiff or
plaintiffs in such action or suit shall not, by reason of any verdict for
him, her, or
them, or otherwise, be entitled to any coats whatsoever ; and if the
verdict shall 'be
given for the defendant or defendants in such action or suit, and the
Chief Justice of
the said Court shall think fit to certify that such action or suit ought
to have been
brought and tried before him under the summary jurisdiction of the said
Court, then
such defendant or defendants shall have double costs, and shall have such
remedy
for recovering the same as any defendant or defendants may have for his,
her, or
their costs in any care by law.
$. And be it further enacted and ordained, that no person whatever shall
be
permitted to appear and act in any such summary proceeding for or on
behalf of any
plaintiff or defendant therein, unless it shall be first proved to the
satisfaction of the
Chief Justice of the said Supreme Court that such plaintiff or defendant
is prevented
by some unavoidable necessity, or some good or sufficient cause, from
attending
such Court in person.
9. And be it further enacted and ordained, that the provisions contained
in the
26th section of Ordinance No. G, with respect to the non-attendance of
witnesses
pursuant to their sacbpcenaa, and to persons guilty of a contempt of
Court, shall apply
to and be in force as to all matters and proceedings under the summary
jurisdiction
of the said Supreme Court.
10. And be it further enacted and ordained, that the provisions contained
in the Perjury,
27th section of Ordinance No. 6, made with respect to persona guilty of
wilful and
corrupt perjury, shall apply to and be in force as to all matters and
proceedings under
the summary jurisdiction of the said Supreme Court.
Consequences of
not proceeding
under summary
Jurisdiction.
[~ See Ordinance.
Plaintiffs and
defendants to
attend
personally,
unless
unavoidably
prevented.
Witness not
attending, and
persona Guilty
of contempt,
how punished.
11. And be it further enacted and ordained, that in each and every case
within >;Xeentton.
the summary jurisdiction of the said Supreme Court where the Chief
Justice thereof
shall have made any order or decree for the payment of money, it shall
and may be
lawful for the said Chief Justice, at the prayer of the party so
prosecuting such order
or decree, to issue a writ or precept signed by the said Chief Justice,
in the form given
in the schedule hereunto annexed, which writ or precept shall be directed
to one or
more bailiff or bailiffs of the said Court, who ix and are hereby
authorized and
empowered to levy the amount thereof of the goods, chattels and effects,
lands,
tenements, and hereditaments, of the defendant, or to arrest the
defendant, as the
4140
ORDINANCE No. 9 0F 1845.
kSupreme Court-Summary Jurisdiction.
power toappoint case may be:- Provided that it shall. be lawful for the
said Chief Justice, and he is
epetfsl. befllife.
hereby empowered and authorized, when thereto required by the plaintiff
in any suit
or proceeding wherein such writ or precept maybe issued, to appoint one
or more
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.
Orders and -. 12. And be it further enacted and ordained, that all such
orders and decrees
decrees May be aente shall and may be carried into execution in any
district or place whatsoever within the
anywhere within
the oouny. said Colony, or in any place within the jurisdiction of the
said Supreme Court, whore
the defendant, his goods, chattels or effects, lands, tenements, or
hereditaments, may
rimeotiew. be, found or be met with: Provided that all executions and
processes against the
property of the 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 exceeding fifty dollars, which shall be set by the Chief Justice of
the said Court,
and enforced by distress and sale of the offender's goods, and, failing
these, then to
levy the amount. by sale of the lands, tenements, and hereditaments of
the defendant.
patodeoazg 13. And be it further enacted and ordained, that for the
purpose of preventing.
Ehit o f in
e wr any disputes as to the mode of executing the said last mentioned writ
or precept, the
execution.
same shall be executed in the following manner: that is to say, that the
bailiff ax
bailiffs be directed, in the first instance, to levy on the goods,
chattels, and effects, of
the defendant, and that in the event of such bailiff or bailiffs not
being able to fitad.
any goods, chattels, or effects, or any lands, tenements, and
hereditaanents of the
defendant, and the defendant failing to point out to his or their notice
any property
whereon to levy, it shall and may be lawful for the said bailiff or
bailiffs to enforce
the order or decree of the Court by the personal arrest and imprisonment
of the
Proviso as to defendant, as hereinafter is mentioned: Provided that if
previous to the sale of the
disputed claim
to goose, s:o. property so levied upon a disputed claim shall be made
thereto, and such claim shall
be deposed to on oath before a Magistrate by the party claiming the same
or by some
person on his or her behalf, the bailiff or bailiffs, on payment to him
or them, or either
of thorn, of the costs of the levy by such party, or other person
claiming on his or her
behalf, shall release such property from the execution, and proceed to
enforce the order
or decree of the Court by levying upon other property of the defendant,
if any can be
found or pointed out to him or them, or by arresting the body of the
defendant, as
hereinbefore is directed.
Imprisonment 14. Provided always, and be it further enacted and ordained,
that every such de=
by process of
conm not to Pendant who shall be arrested and taken in execution under the
process of the said
exceed three
MontrBultare Supreme Court, as aforesaid, shall and may be imprisoned in
the prison of the said
of brdisuenc 1849.3 e No. s Court, and shall be there detained for a sPace
of time not exceeding three calendar
months, unless before the expiration thereof the order or decree of the
said Court
shall have been satisfied; and in case such order or decree shall not
then be
satisfied, such defendant shall be discharged from such prison; but it
shall be lawful
ORDINANCE No. 9 .oF 1845.
Supreme Court-Summary.Turisdiction.'
for the complainant, at any time within three years after such order or
decree,
to- take out fresh execution against any estate or affects which such
defendant way
hate become possessed of or entitled to, until such order or decree shall
be fully
satisfied.
15. And be-it-further enacted and ordained, that no execution awarded
against the
goods of any party or parties shall extend to or be construed to extend
to deprive any
landlord, or landlords of the power vested in such landlord or landlords
by an, act passed
in the eighth year of the reign of Her late Majesty Queen Anne,
intituledW.n Act for
tree better Seeurity of Rents, and to prevent .Frauds committed' 8y
Menccnts, of recovering one
year's rent by virtue of and in pursuance of`the said Act.
18. And be it further enacted and ordained, that it shaft be lawful for
the said
Chief Justice, whenever it shall appear to him that the levy, of the full
amount of any
such order or decree of the said Supreme Court, at one time, may lie
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 coats and charges, to be levied by
instalments, at sueli
stated times,. and in such proportional amounts; as shall be expressed in
such order,
and-.as shall be reasonable and just: Provided that the time for
satisfying any suoh;
axdAr or decree shall not exceed three months front the time of making
such order
aW,afaresaid : Provided also; that if the defendant. shall fail to, pay
any snob, instal.
meat agreeably to such order, in every such case the plaintiiff, map
pro'eered to tarke; ant
execution 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..
Liability of
future effee
Execution not to
prejudice
landlords.
8 Anneyc~, l4...
Cotlp6' mey or4li
money to' be'
paid by
inetalmenW.
17. And be it further enacted and ordained-,, that all orders and
decrees, or other orders to to
' final:
decision, so to be made or pronounced by the said Chief Justice, in any
such summary
proceeding as aforesaid, shall be final and conclusive to all intents and
purposes what-
soever.
18: And be it further enacted and ordained, that in case any action: or
suit shall
at any time hereafter be commenced, or brought against any officer or
officers of the
said Supreme Court, or against any other person or persons,, for anything
done in pur-
suance of or under the authority of this Ordinance,. it shall and may be
lawful for such
officer or officers, or other person or persons, in every such suit or
action, to plead the
general issue, and give this Ordinance and the special matter in
evidence; and in case General trine.
the plaintiff or plaintiffs in such action or suit shall have a verdict
pass against him or
them, or be non-suit, or discontinue his, her, or their action or suit,
the defendant or
defendants shall, in any of the said cases, be allowed double costs.
.: w19. And be it farther enacted and ordained, that no action or
complaint, or other
:pxopeeding_under the summary jurisdiction given by this Ordinance, shall
be treated or
-considered as invalid,, or subject to be set aside, on account of any
verbal or technical
error; but that all errors and mistakes not having a tendency to mislead
the opposite
party shall and may, in all cases, be amended or altered by the Court.
Actions
o8lcara, ,
sumraons.
ORDINANCE No. 9 of 1845.
Supreme Court-Summary Jurisdiction.
aha*n.nee and 20. And be it further enacted and ordained, that in all
actions and complaints or
reoovory of Peee. °
r~ ~'a $ other proceedings under the summary jurisdiction given by
this Ordinance, the fees-
of I849.7
specified by the schedule hereunto annexed shall, unless and until
otherwise ordered
and directed, be established, and be deemed and taken as the lawful fees
and emolu-.:
menu for the discharge of the several duties therein specified; and the
Chief Justice o£,
the said Supreme Court shall have full power to compel the payment
thereof in a sum- ~.
mary way by order, and on non-payment, by warrant of distress and sale,
under his-
Reqletrar to hand, and sealed with the seal of the Court; and the said
fees shall be received and'
recelrs and
acoonntforfaee. accounted for by the Registrar of the said Court, and be
paid over quarterly to the,
.Colonial Treasurer for the public uses of the said Colony.
21. And be it further enacted and ordained, that it shall and may be
lawful to
and for the Chief Justice of the said Supreme Court, from time to time,
by any general
rule or order, to make such further regulations for the effectual
execution of this
Ordinance as to him shall seem fit and necessary.
Power to make
rn16a and orders.
Interpretation
Clause.
Formr relating to
wmm
inrfedia~£ion, Beo, s
)entry of plwns. Colony of Hongkong ~ A B. of
to wit
22, And be it further enacted and ordained, that in the construction of
this
Ordinance, wherever in describing any person or party, matter or thing,
the word'
importing the singular number or masculine gender only is used, the same
shall be
understood to include and shall be applied to several persons or parties
as well as one
person or party, and females as well as males, and several matters or
things as well as
one matter or thing respectively, unless there be something in the
subject or contest
repugnant to such construction.
SCHEDULE TO WHICH THIS ORDINANCE REFERS.
Entry of Plaint.
in the Colony of Hongkong, hereby requires entry to be made in the
Supreme Court of the said Colony
acting under its summary juridiction, of his plaint against C. D., of
in the said Colony, for a sum of being for (here state generally the. cawre
of action), in the particular hereunto annexed fully set forth. And the
said A. B. hereby declares that -
the said particular contains a correct, full, and true statement of his
demand against the said C. D.;
and that 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. prayeth that the said C. D. may be summoned
to
attend on the day of at the said Supreme Court so acting as
aforesaid, to answer such his demand.
Dated this day of A. D. 184
Witness. A. B., Plaintiff.
Begisbar. _
To
Hongkong ~ you are hereby summoned and required to attend the Supreme
Court of Hongkong to 'be-
to wit
holders at the Court House in at tea o'clock in the forenoon of
day of
neat, then and there to answer the demand of
ORDINANCE No. 9 OF 1845.
Supreme Court--Summary Jurisdiction.
entered against you in the said Court for the sum of being for (here state.
cause of action and complaint); and herein fail not, or judgment will be
passed and execution issued
against you for the said sum and costs. And you will take notice that if
you have any debt or demand
to set off against the said plaintiff's claid, you are hereby required to
file or deliver the same at the
or
you will be precluded. from giving evidence thereof on the trial or
hearing. And you will further take
notice, that a plaint containing the particulars of the plaintiff's
demand against you has been filed in
the Registrar's Office at
if you shall think proper.
Registrar's Office at on or before the day of
and that you are at liberty to obtain a copy of the same,
Witness The Honorable John Walter Hulme,
Our Chief Justice of our said Colony at Victoria,
the day of
in the
Endorsed on the Back of Summons.
T
Year of our Reign.
The within summons was served on the within named defendant by delivering
a true copy thereof
on the day of 184
Notice of Trial or .Hearing.
SUPRRME COURT OF HONGKONG.
Between A. B., Plaintiff.
and C. D., Defendant.
(O,ffloer who served the Summons.)
Hon ownl~ ~ The Chief Justice having appointed the day of xocioe of arW;
seat to bear the above case, I have received his instructions to require
your attendance on that dap at
ten o'clock in the forenoon, and to bring with you any witnesses you may
deem necessary to support
your claim or demand.
By Order of the Chief Justice,
To
To
Hongkong ~ kovng
I you, and each of you, are hereby commanded that, all excuses being laid
aside, you, and svrpmw,
each of you, be and appear in your own proper person before the Supreme
Court of Hongkong, to be
holden at the Court House in on the day of
At ten o'clock in the forenoon, to testify all and singular what you, or
either of you, know in -a certain
cause or matter of complaint now pending and undetermined between
plaintiff, and
not at your peril.
In the above case.
Registrar.
defendant, then and there to be heard and tried. And herein fail
Witness The Honorable John Walter Hulme,
Our Chief Justice of our said Colony at Victoria,
the day of
in the Year of our Reign.
Deco$ In favour of
p1ontirt.
ORDINANCE No. 9 of 184.
Supreme Court-Summary Jurisdiction.
Order or Decree in Favour of Plaintiff.
A. B., Plaintiff.
C. D., Defendant'.,
Hongkong ~ It appearing to the Court that the plaintiff hath proved his
demand (wholly or in part),
t0 wit
it is ordered and decreed, that the said plaintiff do recover from the
said defendant the sum of
together with
hereby ordered to pay to the said A. B. the plaintiff the said sum of
costs; and the said C. D. the defendant is
in full
satisfaction of the said debt-and costs (forthwith, on demand thereof, or
by the following instalments
namely :-as the ease may be).
Dated the day of in the Year of our Lord 184
Debt ,
Costa ,
Entered
Registrar.
Form of 1?isyniasal.
Chief Justice.
A. B., Plaintiff:
C. D., Defendant.
ntumelai, EGO. e. Hongkowit °~t t It appearing to this Court that the
plaintiff entered his plaint and caused the above
defendant to be summoned to attend this Court for '(here state the cause
of action or emnplaint); 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. ,B, 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, let execution 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
Intxred
Registrar.
Warrant or Order on Decree of dismissal, far Non-iiayncent of Costs.
wxrot on I authorize and empower
'n'°'to't' assistants to execute the above decree.
Dated the
day of
Costs ......................... ........ ,
Warrant
day of in the Year of our Lord 184
Defendant's costs , £
Chief Justice.
the bailiff of this Court, and his-
in the Year of our Lord 184
Chief justice.
ORDINANCE No. 9 of 184.
Supreme Court-Summary Jurisdiction.
Writ. or Precept to Bailiff.
6DP&EME CouRT OF HONGKONG.
4etween A. B:, Plaintiff.
and C. D., Defendant.
To Mr. Bailiff, and his assistants.
Hongkong ~ yon are hereby commanded to levy of the goods, chattels, and
effects, lands, tenements, writ or P~opL to
to wit bans. sue, n
and hereditaments, of
sum of
which
of
of
in the Colony of Hongkong, the
lately recovered against
for
damages and costs; and if you shall not find any goods, chattels, or
effects, or any lands, tenements,
or hereditaments belonging to the said defendant whereof to levy, then
you are hereby commanded to
take and arrest the body of the said defendant, and him safely to lodge
in the custody of one of Her
Majesty's Gaols, within ten days from the date hereof, to satisfy the said
plaintiff
Entered
his damages and costs, as aforesaid, and have you there this writ.
Witness The Honorable John Walter Iiulme,
Our Chief Justice of our said Colony at Victoria,
the day of
in the
Registrar.
Judgment ,
Alias or Plurios.
Year of our Rein.
You are hereby commanded, as before you were commanded (or, as '
oftentimes,' before you were Alias, ,cw
commanded, and then follow the above form.)
Order to disclt'tye Defendantt out of Custody.
day of
:1. B., Plaintiff.
G. D., Defendant.
Supreme Court of Hongkong j You are hereby authorized to discharge
t0 wit
named defendant, as far as regards the execution in the above case.
By Order of the Court.
To the Sheriff of Hongkong, or any Deputy Sheriff thereof,
out of your custody the above
Registrar.
ORDINANCE No. 9 of 1845.
Supreme Court-Summary Jurisdiction.
Table of Fees.
For entering every plaint, action, &c:., and particulars of demand , .....
Entering every appearance
and defence ............................. ...... ............................ .
....
.. $0.50
, 0.25
Summons for defendant and copy , ............ .............. 0.50
Entering notice of hearing .................................... ..... 0.25
Copy and service on plaintiff and defendant, each
......................................... , 0.40
Any notice required during the course of proceedings _ : , 0.25
Fee on hearing and adjudication, where the sum to be recovered shall not
exceed $50 0.50
Exceeding $60 and not exceeding $100 .............. , .................. 0.76
0.40
0.50
0.26
1.26
0.50
1.25
0.12
Each subpoena of witness and copy ,
..........................................
Drawing and signing order for costs, decree, or dismissal, each ,
Everx oath of party or witness examined
......... .............................. ............. ..............
Chief Justice's warrant to bailiff for executing decree
...... , ................. ...
Executing any decree or order, where the sum shall riot exceed $50
...................... .......
Exceeding $50 and not exceeding $100 , ...................................
Copies of any other proceedings, per folio
..... , , .... ..............................
Repealed by Ordinance No. 7 of 1862.
137
Title.
Preamble.
Summary jurisdiction of Court. [See Ordinance No. 5 of 1854.]
No cause of action to be split, but the Court may decide thereon, if plaintiff be satisfied to receive the sum awarded in full of all demands. [* See Ordinance No. 3 of 1849.]
No summary jurisdiction in certain cases.
Power to examine plaintiffs and defendants on oath, and to award costs, &c.
Proceedings, order, &c. to be in form prescribed in schedule.
Court may dismiss action or complaint with costs.
Consequences of not proceeding under summary jurisdiction [* See Ordinance No. 3 of 1849.]
Plaintiffs and defendants to attend personally, unless unavoidably prevented.
Perjury.
Execution.
Power to appoint special bailiffs.
Orders and decrees may be executed anywhere within the Colony.
Time of levy.
Mode of proceeding in the wit of execution.
Proviso as to disputed claim to goods, &c.
Improsonment by process of Court not to exceed three months. [* But see Ordinance No. 3 of 1849.]
Liability of future effects.
Execution not to prejudice landlords.
8 Anne, c. 14.
Court may order money to be paid by instalments.
Orders to be final.
Actions against officers, &c.
General issue.
Proceedings not to be set aside for want of form.
Allowance and recovery of fees. [See Ord. No. 3 of 1849.]
Registrar to recevie and account for fees.
Power to make rules and orders.
Interpretation clause.
Forms relating to summary jurisdiction, Sec 5.
Entry of plaint.
Summons.
Notice of trial.
Subpaena.
Decree in favour of plaintiff.
Dismissal, Sec. 6.
Warrant on dismissal.
Writ or Precept to bailiff, Sec. 11.
Alias, &c.
Order to discharge defendant out of custody.
146
Fees, Sec. 20.
No. 9 of 1845.
An Ordinance to invest the Supreme Court of Hongkong with a summary mite.
Jurisdiction in certain Cases.
[19th August, 1845.
WHEREAS it is expedient that debts and damages of a, small and trifling
amount Preamble,
should be recoverable in the Supreme Court of Hongkong in a summary and
expeditious manner:-
1. Be it therefore enacted and ordained by the Governor of Hongkong, with
the
advice of the Legislative Council thereof, that the said Supreme Court
shall have full
power and authority to hear and determine in a summary way, and without
the inter.
yention of a jury, all disputes and differences between party and party
touching any
matter of debt, breach of covenant or promise, injury to the person or
property, or
other matter, where the debt or damages sought to be recovered shall not
exceed the
sum of one hundred dollars, [Amended by Section 2 of Ordinance No. 3 of
1849.E except
the matter in question shall relate to the title of any lands, tenements,
or hereditaments,
or to the taking of any duty payable to Hex Majesty, or to any fee of
office or other
matter where rights in future might be bound, or to any general right or
duty: Provided
that no party shall be precluded or exempted from suing or being sued
under the aforesaid
summary jurisdiction by reason of his or her not having attained the full
age of twenty:
one years, or by season o£ coverture where the husband shall not~be
resident within the
said Colony of Hongkong. [Amended further by Ordinance No. 5 of 1854.]
No cause of
action to be split,
butt the COnrt
may decide
thereon, if
plaintiff be
satisfied to
receive the sum
awarded in fall
of all demands.
4 Ordinawee
03 qf.1849.1
ORDI~TANCEA No. 9 of 185.
Supreme Court-Summary Twisdiction.
2. And be it further enacted and ordained, that no cause of action or
complaint
which shall exist at any one tuna, and amount in the whole to a sum
exceeding the sum
of one hundred dollars * as aforesaid, shall be split nor divided so as
to be made the
ground of two or more different actions or complaints, in order to bring
such eases
within the summary jurisdiction created by this Ordinance; but if the
Chief Justice
of the said Supreme Court 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 lawfully
-ma): Provided that if such plaintiff shall be satisfied to recover such
sum as, accord-
ing to this Ordinance, the summary jurisdiction of the said Court is made
to extend
to, in full of the whole of such his demand, then the said Chief Justice
shall and may,
if such plaintiff shall satisfactorily prove his case, make and pronounce
an order or
decree for such plaintiff for such sum as shall in such case be demanded
by the process,
so as such sum dose not exceed the summary jurisdiction created by this
Ordinance;
and the same shall be expressed in such order or decree to be, and shall
be, in full die.
charge of the whole of such demand, and shall be a full and complete bar
to any other
action or complaint which may be brought or made thereon in the name or
any Court
whatever.
No aammary 3. And be it further enacted and ordained, that nothing herein
contained relating
certain cases. to the summery jurisdiction aforesaid shall extend to an
j y debt being the disputed bal-
6,rice of an unsettled account originally exceeding one hundred dollars,
nor to any debt
or supposed debt, for any money or thing won, or alleged to have been
won, at or by
means of any horse-race, cock-match, wager, or any kind of chance,
gaming, or play, or
to any debt for which there has not been a contract, acknowledgment,
.undertaking, or
promise to pay, within three years before the taking out of the summons.
[In se ftzr
as it relates to cony disputed balance of an unsettled accozvrct:
Repealed by Ordinance~ko.
3 of 1849.]
Power. to
examine
plaintiffs and
defendants on
oath, and to
award costs, &C.
Proceedings,
orders, &c, to be
in form
prescribed in
schedule.
4. And.for the better discovery of the truth, and the more speedily
obtaining the
end of such actions or complaints, be it further enacted and ordained,
that it shall and
may be lawful for the said Chief Justice to examine tile plaintiff or
plaintiffs, defendant
or defendants, viva voce on their several corporal oaths; and that it
shall be lawful for
the said Chief Justice to award costs in all actions or complaints heard
and determined
under the aforesaid summary jurisdiction, and to allow to the plaintiff-
or defendant,
and to his, her, or their witnesses, such reasonable sum or sums of money
for his, her,
or their attendance and loss of time as he the said Chief Justice shall
think fit.
5. And be it further enacted and ordained, that the several proceedings,
orders,
decrees, and dismissals, which shall be taken, prosecuted, made, and
pronounced in
pursuance of the aforesaid summary jurisdiction, shall be in the form
prescribed in
the schedule hereunto annexed, or as near thereto as circumstances will
admit.
ORDINANCE No. 9 of 1845.
Supreme Court-Summary Jurisdiction:
g, And be it farther enacted and ordained, that it shall be lawful for
the said cenrcrnay
Chief Justice, and he is hereby authorized and empowered, to dismiss any
such action compl~intw°itn r
coats.
or complaint before him with costs, and either on the merits, or without
prejudice to,
further or other proceedings, as he shall think fit.
7. And be it further enacted and ordained, that if any action or suit
shall be
commenced in the said Supreme Court for any debt or damages other than
herein-
before excepted, not exceeding the sum of one hundred dollars, * and
recoverable under
and by virtue of the summary jurisdiction given by this Ordinance, the
plaintiff or
plaintiffs in such action or suit shall not, by reason of any verdict for
him, her, or
them, or otherwise, be entitled to any coats whatsoever ; and if the
verdict shall 'be
given for the defendant or defendants in such action or suit, and the
Chief Justice of
the said Court shall think fit to certify that such action or suit ought
to have been
brought and tried before him under the summary jurisdiction of the said
Court, then
such defendant or defendants shall have double costs, and shall have such
remedy
for recovering the same as any defendant or defendants may have for his,
her, or
their costs in any care by law.
$. And be it further enacted and ordained, that no person whatever shall
be
permitted to appear and act in any such summary proceeding for or on
behalf of any
plaintiff or defendant therein, unless it shall be first proved to the
satisfaction of the
Chief Justice of the said Supreme Court that such plaintiff or defendant
is prevented
by some unavoidable necessity, or some good or sufficient cause, from
attending
such Court in person.
9. And be it further enacted and ordained, that the provisions contained
in the
26th section of Ordinance No. G, with respect to the non-attendance of
witnesses
pursuant to their sacbpcenaa, and to persons guilty of a contempt of
Court, shall apply
to and be in force as to all matters and proceedings under the summary
jurisdiction
of the said Supreme Court.
10. And be it further enacted and ordained, that the provisions contained
in the Perjury,
27th section of Ordinance No. 6, made with respect to persona guilty of
wilful and
corrupt perjury, shall apply to and be in force as to all matters and
proceedings under
the summary jurisdiction of the said Supreme Court.
Consequences of
not proceeding
under summary
Jurisdiction.
[~ See Ordinance.
Plaintiffs and
defendants to
attend
personally,
unless
unavoidably
prevented.
Witness not
attending, and
persona Guilty
of contempt,
how punished.
11. And be it further enacted and ordained, that in each and every case
within >;Xeentton.
the summary jurisdiction of the said Supreme Court where the Chief
Justice thereof
shall have made any order or decree for the payment of money, it shall
and may be
lawful for the said Chief Justice, at the prayer of the party so
prosecuting such order
or decree, to issue a writ or precept signed by the said Chief Justice,
in the form given
in the schedule hereunto annexed, which writ or precept shall be directed
to one or
more bailiff or bailiffs of the said Court, who ix and are hereby
authorized and
empowered to levy the amount thereof of the goods, chattels and effects,
lands,
tenements, and hereditaments, of the defendant, or to arrest the
defendant, as the
4140
ORDINANCE No. 9 0F 1845.
kSupreme Court-Summary Jurisdiction.
power toappoint case may be:- Provided that it shall. be lawful for the
said Chief Justice, and he is
epetfsl. befllife.
hereby empowered and authorized, when thereto required by the plaintiff
in any suit
or proceeding wherein such writ or precept maybe issued, to appoint one
or more
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.
Orders and -. 12. And be it further enacted and ordained, that all such
orders and decrees
decrees May be aente shall and may be carried into execution in any
district or place whatsoever within the
anywhere within
the oouny. said Colony, or in any place within the jurisdiction of the
said Supreme Court, whore
the defendant, his goods, chattels or effects, lands, tenements, or
hereditaments, may
rimeotiew. be, found or be met with: Provided that all executions and
processes against the
property of the 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 exceeding fifty dollars, which shall be set by the Chief Justice of
the said Court,
and enforced by distress and sale of the offender's goods, and, failing
these, then to
levy the amount. by sale of the lands, tenements, and hereditaments of
the defendant.
patodeoazg 13. And be it further enacted and ordained, that for the
purpose of preventing.
Ehit o f in
e wr any disputes as to the mode of executing the said last mentioned writ
or precept, the
execution.
same shall be executed in the following manner: that is to say, that the
bailiff ax
bailiffs be directed, in the first instance, to levy on the goods,
chattels, and effects, of
the defendant, and that in the event of such bailiff or bailiffs not
being able to fitad.
any goods, chattels, or effects, or any lands, tenements, and
hereditaanents of the
defendant, and the defendant failing to point out to his or their notice
any property
whereon to levy, it shall and may be lawful for the said bailiff or
bailiffs to enforce
the order or decree of the Court by the personal arrest and imprisonment
of the
Proviso as to defendant, as hereinafter is mentioned: Provided that if
previous to the sale of the
disputed claim
to goose, s:o. property so levied upon a disputed claim shall be made
thereto, and such claim shall
be deposed to on oath before a Magistrate by the party claiming the same
or by some
person on his or her behalf, the bailiff or bailiffs, on payment to him
or them, or either
of thorn, of the costs of the levy by such party, or other person
claiming on his or her
behalf, shall release such property from the execution, and proceed to
enforce the order
or decree of the Court by levying upon other property of the defendant,
if any can be
found or pointed out to him or them, or by arresting the body of the
defendant, as
hereinbefore is directed.
Imprisonment 14. Provided always, and be it further enacted and ordained,
that every such de=
by process of
conm not to Pendant who shall be arrested and taken in execution under the
process of the said
exceed three
MontrBultare Supreme Court, as aforesaid, shall and may be imprisoned in
the prison of the said
of brdisuenc 1849.3 e No. s Court, and shall be there detained for a sPace
of time not exceeding three calendar
months, unless before the expiration thereof the order or decree of the
said Court
shall have been satisfied; and in case such order or decree shall not
then be
satisfied, such defendant shall be discharged from such prison; but it
shall be lawful
ORDINANCE No. 9 .oF 1845.
Supreme Court-Summary.Turisdiction.'
for the complainant, at any time within three years after such order or
decree,
to- take out fresh execution against any estate or affects which such
defendant way
hate become possessed of or entitled to, until such order or decree shall
be fully
satisfied.
15. And be-it-further enacted and ordained, that no execution awarded
against the
goods of any party or parties shall extend to or be construed to extend
to deprive any
landlord, or landlords of the power vested in such landlord or landlords
by an, act passed
in the eighth year of the reign of Her late Majesty Queen Anne,
intituledW.n Act for
tree better Seeurity of Rents, and to prevent .Frauds committed' 8y
Menccnts, of recovering one
year's rent by virtue of and in pursuance of`the said Act.
18. And be it further enacted and ordained, that it shaft be lawful for
the said
Chief Justice, whenever it shall appear to him that the levy, of the full
amount of any
such order or decree of the said Supreme Court, at one time, may lie
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 coats and charges, to be levied by
instalments, at sueli
stated times,. and in such proportional amounts; as shall be expressed in
such order,
and-.as shall be reasonable and just: Provided that the time for
satisfying any suoh;
axdAr or decree shall not exceed three months front the time of making
such order
aW,afaresaid : Provided also; that if the defendant. shall fail to, pay
any snob, instal.
meat agreeably to such order, in every such case the plaintiiff, map
pro'eered to tarke; ant
execution 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..
Liability of
future effee
Execution not to
prejudice
landlords.
8 Anneyc~, l4...
Cotlp6' mey or4li
money to' be'
paid by
inetalmenW.
17. And be it further enacted and ordained-,, that all orders and
decrees, or other orders to to
' final:
decision, so to be made or pronounced by the said Chief Justice, in any
such summary
proceeding as aforesaid, shall be final and conclusive to all intents and
purposes what-
soever.
18: And be it further enacted and ordained, that in case any action: or
suit shall
at any time hereafter be commenced, or brought against any officer or
officers of the
said Supreme Court, or against any other person or persons,, for anything
done in pur-
suance of or under the authority of this Ordinance,. it shall and may be
lawful for such
officer or officers, or other person or persons, in every such suit or
action, to plead the
general issue, and give this Ordinance and the special matter in
evidence; and in case General trine.
the plaintiff or plaintiffs in such action or suit shall have a verdict
pass against him or
them, or be non-suit, or discontinue his, her, or their action or suit,
the defendant or
defendants shall, in any of the said cases, be allowed double costs.
.: w19. And be it farther enacted and ordained, that no action or
complaint, or other
:pxopeeding_under the summary jurisdiction given by this Ordinance, shall
be treated or
-considered as invalid,, or subject to be set aside, on account of any
verbal or technical
error; but that all errors and mistakes not having a tendency to mislead
the opposite
party shall and may, in all cases, be amended or altered by the Court.
Actions
o8lcara, ,
sumraons.
ORDINANCE No. 9 of 1845.
Supreme Court-Summary Jurisdiction.
aha*n.nee and 20. And be it further enacted and ordained, that in all
actions and complaints or
reoovory of Peee. °
r~ ~'a $ other proceedings under the summary jurisdiction given by
this Ordinance, the fees-
of I849.7
specified by the schedule hereunto annexed shall, unless and until
otherwise ordered
and directed, be established, and be deemed and taken as the lawful fees
and emolu-.:
menu for the discharge of the several duties therein specified; and the
Chief Justice o£,
the said Supreme Court shall have full power to compel the payment
thereof in a sum- ~.
mary way by order, and on non-payment, by warrant of distress and sale,
under his-
Reqletrar to hand, and sealed with the seal of the Court; and the said
fees shall be received and'
recelrs and
acoonntforfaee. accounted for by the Registrar of the said Court, and be
paid over quarterly to the,
.Colonial Treasurer for the public uses of the said Colony.
21. And be it further enacted and ordained, that it shall and may be
lawful to
and for the Chief Justice of the said Supreme Court, from time to time,
by any general
rule or order, to make such further regulations for the effectual
execution of this
Ordinance as to him shall seem fit and necessary.
Power to make
rn16a and orders.
Interpretation
Clause.
Formr relating to
wmm
inrfedia~£ion, Beo, s
)entry of plwns. Colony of Hongkong ~ A B. of
to wit
22, And be it further enacted and ordained, that in the construction of
this
Ordinance, wherever in describing any person or party, matter or thing,
the word'
importing the singular number or masculine gender only is used, the same
shall be
understood to include and shall be applied to several persons or parties
as well as one
person or party, and females as well as males, and several matters or
things as well as
one matter or thing respectively, unless there be something in the
subject or contest
repugnant to such construction.
SCHEDULE TO WHICH THIS ORDINANCE REFERS.
Entry of Plaint.
in the Colony of Hongkong, hereby requires entry to be made in the
Supreme Court of the said Colony
acting under its summary juridiction, of his plaint against C. D., of
in the said Colony, for a sum of being for (here state generally the. cawre
of action), in the particular hereunto annexed fully set forth. And the
said A. B. hereby declares that -
the said particular contains a correct, full, and true statement of his
demand against the said C. D.;
and that 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. prayeth that the said C. D. may be summoned
to
attend on the day of at the said Supreme Court so acting as
aforesaid, to answer such his demand.
Dated this day of A. D. 184
Witness. A. B., Plaintiff.
Begisbar. _
To
Hongkong ~ you are hereby summoned and required to attend the Supreme
Court of Hongkong to 'be-
to wit
holders at the Court House in at tea o'clock in the forenoon of
day of
neat, then and there to answer the demand of
ORDINANCE No. 9 OF 1845.
Supreme Court--Summary Jurisdiction.
entered against you in the said Court for the sum of being for (here state.
cause of action and complaint); and herein fail not, or judgment will be
passed and execution issued
against you for the said sum and costs. And you will take notice that if
you have any debt or demand
to set off against the said plaintiff's claid, you are hereby required to
file or deliver the same at the
or
you will be precluded. from giving evidence thereof on the trial or
hearing. And you will further take
notice, that a plaint containing the particulars of the plaintiff's
demand against you has been filed in
the Registrar's Office at
if you shall think proper.
Registrar's Office at on or before the day of
and that you are at liberty to obtain a copy of the same,
Witness The Honorable John Walter Hulme,
Our Chief Justice of our said Colony at Victoria,
the day of
in the
Endorsed on the Back of Summons.
T
Year of our Reign.
The within summons was served on the within named defendant by delivering
a true copy thereof
on the day of 184
Notice of Trial or .Hearing.
SUPRRME COURT OF HONGKONG.
Between A. B., Plaintiff.
and C. D., Defendant.
(O,ffloer who served the Summons.)
Hon ownl~ ~ The Chief Justice having appointed the day of xocioe of arW;
seat to bear the above case, I have received his instructions to require
your attendance on that dap at
ten o'clock in the forenoon, and to bring with you any witnesses you may
deem necessary to support
your claim or demand.
By Order of the Chief Justice,
To
To
Hongkong ~ kovng
I you, and each of you, are hereby commanded that, all excuses being laid
aside, you, and svrpmw,
each of you, be and appear in your own proper person before the Supreme
Court of Hongkong, to be
holden at the Court House in on the day of
At ten o'clock in the forenoon, to testify all and singular what you, or
either of you, know in -a certain
cause or matter of complaint now pending and undetermined between
plaintiff, and
not at your peril.
In the above case.
Registrar.
defendant, then and there to be heard and tried. And herein fail
Witness The Honorable John Walter Hulme,
Our Chief Justice of our said Colony at Victoria,
the day of
in the Year of our Reign.
Deco$ In favour of
p1ontirt.
ORDINANCE No. 9 of 184.
Supreme Court-Summary Jurisdiction.
Order or Decree in Favour of Plaintiff.
A. B., Plaintiff.
C. D., Defendant'.,
Hongkong ~ It appearing to the Court that the plaintiff hath proved his
demand (wholly or in part),
t0 wit
it is ordered and decreed, that the said plaintiff do recover from the
said defendant the sum of
together with
hereby ordered to pay to the said A. B. the plaintiff the said sum of
costs; and the said C. D. the defendant is
in full
satisfaction of the said debt-and costs (forthwith, on demand thereof, or
by the following instalments
namely :-as the ease may be).
Dated the day of in the Year of our Lord 184
Debt ,
Costa ,
Entered
Registrar.
Form of 1?isyniasal.
Chief Justice.
A. B., Plaintiff:
C. D., Defendant.
ntumelai, EGO. e. Hongkowit °~t t It appearing to this Court that the
plaintiff entered his plaint and caused the above
defendant to be summoned to attend this Court for '(here state the cause
of action or emnplaint); 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. ,B, 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, let execution 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
Intxred
Registrar.
Warrant or Order on Decree of dismissal, far Non-iiayncent of Costs.
wxrot on I authorize and empower
'n'°'to't' assistants to execute the above decree.
Dated the
day of
Costs ......................... ........ ,
Warrant
day of in the Year of our Lord 184
Defendant's costs , £
Chief Justice.
the bailiff of this Court, and his-
in the Year of our Lord 184
Chief justice.
ORDINANCE No. 9 of 184.
Supreme Court-Summary Jurisdiction.
Writ. or Precept to Bailiff.
6DP&EME CouRT OF HONGKONG.
4etween A. B:, Plaintiff.
and C. D., Defendant.
To Mr. Bailiff, and his assistants.
Hongkong ~ yon are hereby commanded to levy of the goods, chattels, and
effects, lands, tenements, writ or P~opL to
to wit bans. sue, n
and hereditaments, of
sum of
which
of
of
in the Colony of Hongkong, the
lately recovered against
for
damages and costs; and if you shall not find any goods, chattels, or
effects, or any lands, tenements,
or hereditaments belonging to the said defendant whereof to levy, then
you are hereby commanded to
take and arrest the body of the said defendant, and him safely to lodge
in the custody of one of Her
Majesty's Gaols, within ten days from the date hereof, to satisfy the said
plaintiff
Entered
his damages and costs, as aforesaid, and have you there this writ.
Witness The Honorable John Walter Iiulme,
Our Chief Justice of our said Colony at Victoria,
the day of
in the
Registrar.
Judgment ,
Alias or Plurios.
Year of our Rein.
You are hereby commanded, as before you were commanded (or, as '
oftentimes,' before you were Alias, ,cw
commanded, and then follow the above form.)
Order to disclt'tye Defendantt out of Custody.
day of
:1. B., Plaintiff.
G. D., Defendant.
Supreme Court of Hongkong j You are hereby authorized to discharge
t0 wit
named defendant, as far as regards the execution in the above case.
By Order of the Court.
To the Sheriff of Hongkong, or any Deputy Sheriff thereof,
out of your custody the above
Registrar.
ORDINANCE No. 9 of 1845.
Supreme Court-Summary Jurisdiction.
Table of Fees.
For entering every plaint, action, &c:., and particulars of demand , .....
Entering every appearance
and defence ............................. ...... ............................ .
....
.. $0.50
, 0.25
Summons for defendant and copy , ............ .............. 0.50
Entering notice of hearing .................................... ..... 0.25
Copy and service on plaintiff and defendant, each
......................................... , 0.40
Any notice required during the course of proceedings _ : , 0.25
Fee on hearing and adjudication, where the sum to be recovered shall not
exceed $50 0.50
Exceeding $60 and not exceeding $100 .............. , .................. 0.76
0.40
0.50
0.26
1.26
0.50
1.25
0.12
Each subpoena of witness and copy ,
..........................................
Drawing and signing order for costs, decree, or dismissal, each ,
Everx oath of party or witness examined
......... .............................. ............. ..............
Chief Justice's warrant to bailiff for executing decree
...... , ................. ...
Executing any decree or order, where the sum shall riot exceed $50
...................... .......
Exceeding $50 and not exceeding $100 , ...................................
Copies of any other proceedings, per folio
..... , , .... ..............................
Repealed by Ordinance No. 7 of 1862.
137
Title.
Preamble.
Summary jurisdiction of Court. [See Ordinance No. 5 of 1854.]
No cause of action to be split, but the Court may decide thereon, if plaintiff be satisfied to receive the sum awarded in full of all demands. [* See Ordinance No. 3 of 1849.]
No summary jurisdiction in certain cases.
Power to examine plaintiffs and defendants on oath, and to award costs, &c.
Proceedings, order, &c. to be in form prescribed in schedule.
Court may dismiss action or complaint with costs.
Consequences of not proceeding under summary jurisdiction [* See Ordinance No. 3 of 1849.]
Plaintiffs and defendants to attend personally, unless unavoidably prevented.
Perjury.
Execution.
Power to appoint special bailiffs.
Orders and decrees may be executed anywhere within the Colony.
Time of levy.
Mode of proceeding in the wit of execution.
Proviso as to disputed claim to goods, &c.
Improsonment by process of Court not to exceed three months. [* But see Ordinance No. 3 of 1849.]
Liability of future effects.
Execution not to prejudice landlords.
8 Anne, c. 14.
Court may order money to be paid by instalments.
Orders to be final.
Actions against officers, &c.
General issue.
Proceedings not to be set aside for want of form.
Allowance and recovery of fees. [See Ord. No. 3 of 1849.]
Registrar to recevie and account for fees.
Power to make rules and orders.
Interpretation clause.
Forms relating to summary jurisdiction, Sec 5.
Entry of plaint.
Summons.
Notice of trial.
Subpaena.
Decree in favour of plaintiff.
Dismissal, Sec. 6.
Warrant on dismissal.
Writ or Precept to bailiff, Sec. 11.
Alias, &c.
Order to discharge defendant out of custody.
146
Fees, Sec. 20.
Abstract
137
Title.
Preamble.
Summary jurisdiction of Court. [See Ordinance No. 5 of 1854.]
No cause of action to be split, but the Court may decide thereon, if plaintiff be satisfied to receive the sum awarded in full of all demands. [* See Ordinance No. 3 of 1849.]
No summary jurisdiction in certain cases.
Power to examine plaintiffs and defendants on oath, and to award costs, &c.
Proceedings, order, &c. to be in form prescribed in schedule.
Court may dismiss action or complaint with costs.
Consequences of not proceeding under summary jurisdiction [* See Ordinance No. 3 of 1849.]
Plaintiffs and defendants to attend personally, unless unavoidably prevented.
Perjury.
Execution.
Power to appoint special bailiffs.
Orders and decrees may be executed anywhere within the Colony.
Time of levy.
Mode of proceeding in the wit of execution.
Proviso as to disputed claim to goods, &c.
Improsonment by process of Court not to exceed three months. [* But see Ordinance No. 3 of 1849.]
Liability of future effects.
Execution not to prejudice landlords.
8 Anne, c. 14.
Court may order money to be paid by instalments.
Orders to be final.
Actions against officers, &c.
General issue.
Proceedings not to be set aside for want of form.
Allowance and recovery of fees. [See Ord. No. 3 of 1849.]
Registrar to recevie and account for fees.
Power to make rules and orders.
Interpretation clause.
Forms relating to summary jurisdiction, Sec 5.
Entry of plaint.
Summons.
Notice of trial.
Subpaena.
Decree in favour of plaintiff.
Dismissal, Sec. 6.
Warrant on dismissal.
Writ or Precept to bailiff, Sec. 11.
Alias, &c.
Order to discharge defendant out of custody.
146
Fees, Sec. 20.
Title.
Preamble.
Summary jurisdiction of Court. [See Ordinance No. 5 of 1854.]
No cause of action to be split, but the Court may decide thereon, if plaintiff be satisfied to receive the sum awarded in full of all demands. [* See Ordinance No. 3 of 1849.]
No summary jurisdiction in certain cases.
Power to examine plaintiffs and defendants on oath, and to award costs, &c.
Proceedings, order, &c. to be in form prescribed in schedule.
Court may dismiss action or complaint with costs.
Consequences of not proceeding under summary jurisdiction [* See Ordinance No. 3 of 1849.]
Plaintiffs and defendants to attend personally, unless unavoidably prevented.
Perjury.
Execution.
Power to appoint special bailiffs.
Orders and decrees may be executed anywhere within the Colony.
Time of levy.
Mode of proceeding in the wit of execution.
Proviso as to disputed claim to goods, &c.
Improsonment by process of Court not to exceed three months. [* But see Ordinance No. 3 of 1849.]
Liability of future effects.
Execution not to prejudice landlords.
8 Anne, c. 14.
Court may order money to be paid by instalments.
Orders to be final.
Actions against officers, &c.
General issue.
Proceedings not to be set aside for want of form.
Allowance and recovery of fees. [See Ord. No. 3 of 1849.]
Registrar to recevie and account for fees.
Power to make rules and orders.
Interpretation clause.
Forms relating to summary jurisdiction, Sec 5.
Entry of plaint.
Summons.
Notice of trial.
Subpaena.
Decree in favour of plaintiff.
Dismissal, Sec. 6.
Warrant on dismissal.
Writ or Precept to bailiff, Sec. 11.
Alias, &c.
Order to discharge defendant out of custody.
146
Fees, Sec. 20.
Identifier
https://oelawhk.lib.hku.hk/items/show/35
Edition
1890
Volume
v1
Cap / Ordinance No.
No. 9 of 1845
Number of Pages
10
Files
Collection
Historical Laws of Hong Kong Online
Citation
“SURPREME COURT -- SUMMARY JURISDICTION ORDINANCE,” Historical Laws of Hong Kong Online, accessed January 23, 2025, https://oelawhk.lib.hku.hk/items/show/35.
