SUPREME COURT -- SUMMARY JURISDICTION ORDINANCE
Title
SUPREME COURT -- SUMMARY JURISDICTION ORDINANCE
Description
'Section 8 of Or-
dinance No. e
of 1846 repealed..
summary ld.'r under
Ordinance No. a
of 1846 to extend
to certain de-
mands not ex-
ceeding $600.
Where execu-
tion issues for a
'Fc exceeding
100,-party not
~o be entitled to
the benefit of
provision con-
tained in the
14th section of .
Ordinance No.'e'
of 1846. f5ee
Ord. No, i0 0/°
1867.E
Schedule of fees,
whore sum
sought to be re-
covered shall.:.
exceed $100.
Right of parties
to be assisted by
attorneys or
agents.
-ORDINANCE No. 3 oF.1849,
Supreme Court-Summary Jurisdiction.
No. 3 of 1849.
Title. , An Ordinance to amend Ordinance No. 9 of 184, entitled 11 An
Ordinance
to invest the Supreme Court of Hongkong with a Summary Juris-
diction in certain Cases.'
[19th April, 1849. ,
WHEREAS it has been deemed advisable to afford further facility for the
recovery
of small debts in tile Supreme Court of Hongkong in a more expeditious and
less expensive manner than heretofore, by extending its summary
jurisdiction from
one hundred to five hundred dollars, and to repeal section 3 of Ordinance
No. 9 of
1845, in so far as it relates to the disputed balance of an unsettled
account:
1. Be it therefore enacted and ordained by His Excellency the Governor of
Hongkong, with the advice of the Legislative Council thereof, that the
said third
section of Ordinance No. 9 of 1845, in so far as it relates to any
disputed balance of
an unsettled account, be, and the same is hereby repealed.
2, And be it further enacted and ordained, that in every case over which
the said
Supreme Court has summary jurisdiction under and by virtue of the said
Ordinance
No. 9 of 1845, except as hereinafter mentioned, the said Court shall have
similar
jurisdiction in every like case or cause of action, notwithstanding that
the debtor
damages sought to be recovered shall amount to more than one hundred
dollars:
Provided always that such debt or damages or cause of action do not
exceed . five' .
hundred dollars; and that the said Court shall net have cognizance under
this Or. v.
dinance in any case of libel, or slander, or assault, or assault~and
battery.
3. Provided always, and be it further enacted and ordained, that whenever
any
defendant shall be arrested and taken in execution under the process of
the said
Supreme Court sitting in its summary jurisdiction, and where the debt or
damages
decreed or ordered shall exceed the sum of one hundred dollars, then and
in such cries
the party arrested and taken in execution shall not be held entitled to
tile benefit of
the fourteenth section of the said Ordinance No. 9 of 1845, whereby it is
pprovided
that imprisonment by process of the Court shall not exceed three months.
4. And be it further enacted and ordained, that in all cases where the
sum sought
to be recovered shall exceed one hundred dollars, the fees set forth in
the schedule
hereunto annexed shall be deemed and taken (unless and until otherwise
ordered~d- r_-'
directed), as lawful fees and emoluments of the said Court and of the
attorneys thereof
,
and that the said former fees be enforced, received, and accounted for,
according to
the provisions made in and by the twentieth section of the said Ordinance
No. 9 oi, .
1845, for the allowance and recovery of fees.
5. Ind be it further enacted and ordained, that whenever any plaint or
suit ahalh= y ,;.
be instituted under or by virtue of this Ordinance for the recovery of
any sum-exceedm:
ing one hundred dollars, it shall and may be lawful to and for the
plaintiff, or defen~` -,
dant, to employ any friend, agent, or an attorney of the Supreme Court,
to assist at:'-:'_5
the trial or hearing of the suit; and that each party shall respectively
bear and defray .;.:: ;:
the expense incurred by the employment of his own attorney, save and
except whew.. : -°=
ORDINANCE No. 3 of 1849.
Supreme Court-xiummary Jurisdiction.
the Chief Justice shall certify that the case was such as to render it
fit and advisable
for the party or parties obtaining a decree or order of the Court to have
professional
assistance, in which case the cost of the employment of such attorney or
attorneys
shall be defrayed by that party against whom the decree or order shall be
pronounced:
And it is hereby provided, that in such costs, no other or further fee or
charge shall
be allowed, either between attorney and client, or party and party, than
those specified
in the aforesaid schedule hereunto annexed.
6. And be it further enacted and ordained, that all summonses, notices,
and service of pro,
cess.
processes issued under this Ordinance, or the said Ordinance No. 9 of
1845, may be
served or executed by the bailiff or bailiffs of the said Supreme Court.
7. And be it further enacted and ordained, that this Ordinance shall
oommenoe oratnsnoe to
and take effect on the first day of May next. i take
SCHEDULE OF FEES TO WHICH THIS ORDINANCE REFERS.
COURT FEES.
Filing and entering plaint and particulars of demand, $1.00
Summons for defendant, and copy, 1.00
If more than one defendant, each additional copy, .. ,. 0.25
Filing setoff or other defence, . 0.60
Paying money into Court, . . ...... ..... 0.60
Subpoena and copy, each witness, . 0.80
Hearing and adjudication where the sum sought to be recovered shall
exceed $100 and not exceeding
1.00
2.00
3.00
4.00
Every oath of party or witness,
.................................................................... 0.50
Every reference to Registrar or other officer of the Court, 1.00
Registrar's report, per folio,
..........................................................................
....... 0.60
Order for costs, decree, or dismissal, each,
................................ ........................ ..... 1.00
2.50
Executing precept, decree, or order, where the sum to be recovered shall
exceed $100 and not
exceeding $260, 2.60
Exceeding $260 and not exceeding $500 3.78
Receipt to Registrar for money paid out of Court, ................. 0.60
Any notice required during proceedings, . - 0.60
Copies of any proceedings, per folio, . ............ 0.26
$AILIFFs' FEES.
For service of summons, subpoena, order, or notice, , 0.60
For every arrest or execution, 1.00
When left in possession, per diem, 1.00
ATTORNEYS' FEES.
Upon every sum of $100 in dispute, . ....... ........ : 3.00
Attendance at hearing, .......................................... 5.00
1Vote.-Upon the Judge's certificate being granted, as provided for in
section 5, the attorney of the
successful party shall recover the above fees from the opposite party :
in this case the percentage fee
shall lye calculated upon the sum recovered or successfully resisted.
Exceeding $200 and not exceeding $300,
400,
600,
[Repealed by Ordinance No. 7 of 1 &62.]
Title.
Preamble.
Section 3 of Ordinance No. 9 of 1845 repealed.
Summary jurisdiction under Ordinance No. 9 of 1845 to extend to certain demands not exceeding $500.
Where execution issues for a sum exceeding $100, party not to be entitled to the benefit of provision contained in the 14th section of Ordinance No. 9 of 1845. [See Ord. No. 10 of 1857.]
Schedule of fees, where sum sought to be recovered shall exceed $100.
Right of parties to be assisted by attorneys or agents. Service of process.
Ordinance to take effect from 1st May, 1849.
dinance No. e
of 1846 repealed..
summary ld.'r under
Ordinance No. a
of 1846 to extend
to certain de-
mands not ex-
ceeding $600.
Where execu-
tion issues for a
'Fc exceeding
100,-party not
~o be entitled to
the benefit of
provision con-
tained in the
14th section of .
Ordinance No.'e'
of 1846. f5ee
Ord. No, i0 0/°
1867.E
Schedule of fees,
whore sum
sought to be re-
covered shall.:.
exceed $100.
Right of parties
to be assisted by
attorneys or
agents.
-ORDINANCE No. 3 oF.1849,
Supreme Court-Summary Jurisdiction.
No. 3 of 1849.
Title. , An Ordinance to amend Ordinance No. 9 of 184, entitled 11 An
Ordinance
to invest the Supreme Court of Hongkong with a Summary Juris-
diction in certain Cases.'
[19th April, 1849. ,
WHEREAS it has been deemed advisable to afford further facility for the
recovery
of small debts in tile Supreme Court of Hongkong in a more expeditious and
less expensive manner than heretofore, by extending its summary
jurisdiction from
one hundred to five hundred dollars, and to repeal section 3 of Ordinance
No. 9 of
1845, in so far as it relates to the disputed balance of an unsettled
account:
1. Be it therefore enacted and ordained by His Excellency the Governor of
Hongkong, with the advice of the Legislative Council thereof, that the
said third
section of Ordinance No. 9 of 1845, in so far as it relates to any
disputed balance of
an unsettled account, be, and the same is hereby repealed.
2, And be it further enacted and ordained, that in every case over which
the said
Supreme Court has summary jurisdiction under and by virtue of the said
Ordinance
No. 9 of 1845, except as hereinafter mentioned, the said Court shall have
similar
jurisdiction in every like case or cause of action, notwithstanding that
the debtor
damages sought to be recovered shall amount to more than one hundred
dollars:
Provided always that such debt or damages or cause of action do not
exceed . five' .
hundred dollars; and that the said Court shall net have cognizance under
this Or. v.
dinance in any case of libel, or slander, or assault, or assault~and
battery.
3. Provided always, and be it further enacted and ordained, that whenever
any
defendant shall be arrested and taken in execution under the process of
the said
Supreme Court sitting in its summary jurisdiction, and where the debt or
damages
decreed or ordered shall exceed the sum of one hundred dollars, then and
in such cries
the party arrested and taken in execution shall not be held entitled to
tile benefit of
the fourteenth section of the said Ordinance No. 9 of 1845, whereby it is
pprovided
that imprisonment by process of the Court shall not exceed three months.
4. And be it further enacted and ordained, that in all cases where the
sum sought
to be recovered shall exceed one hundred dollars, the fees set forth in
the schedule
hereunto annexed shall be deemed and taken (unless and until otherwise
ordered~d- r_-'
directed), as lawful fees and emoluments of the said Court and of the
attorneys thereof
,
and that the said former fees be enforced, received, and accounted for,
according to
the provisions made in and by the twentieth section of the said Ordinance
No. 9 oi, .
1845, for the allowance and recovery of fees.
5. Ind be it further enacted and ordained, that whenever any plaint or
suit ahalh= y ,;.
be instituted under or by virtue of this Ordinance for the recovery of
any sum-exceedm:
ing one hundred dollars, it shall and may be lawful to and for the
plaintiff, or defen~` -,
dant, to employ any friend, agent, or an attorney of the Supreme Court,
to assist at:'-:'_5
the trial or hearing of the suit; and that each party shall respectively
bear and defray .;.:: ;:
the expense incurred by the employment of his own attorney, save and
except whew.. : -°=
ORDINANCE No. 3 of 1849.
Supreme Court-xiummary Jurisdiction.
the Chief Justice shall certify that the case was such as to render it
fit and advisable
for the party or parties obtaining a decree or order of the Court to have
professional
assistance, in which case the cost of the employment of such attorney or
attorneys
shall be defrayed by that party against whom the decree or order shall be
pronounced:
And it is hereby provided, that in such costs, no other or further fee or
charge shall
be allowed, either between attorney and client, or party and party, than
those specified
in the aforesaid schedule hereunto annexed.
6. And be it further enacted and ordained, that all summonses, notices,
and service of pro,
cess.
processes issued under this Ordinance, or the said Ordinance No. 9 of
1845, may be
served or executed by the bailiff or bailiffs of the said Supreme Court.
7. And be it further enacted and ordained, that this Ordinance shall
oommenoe oratnsnoe to
and take effect on the first day of May next. i take
SCHEDULE OF FEES TO WHICH THIS ORDINANCE REFERS.
COURT FEES.
Filing and entering plaint and particulars of demand, $1.00
Summons for defendant, and copy, 1.00
If more than one defendant, each additional copy, .. ,. 0.25
Filing setoff or other defence, . 0.60
Paying money into Court, . . ...... ..... 0.60
Subpoena and copy, each witness, . 0.80
Hearing and adjudication where the sum sought to be recovered shall
exceed $100 and not exceeding
1.00
2.00
3.00
4.00
Every oath of party or witness,
.................................................................... 0.50
Every reference to Registrar or other officer of the Court, 1.00
Registrar's report, per folio,
..........................................................................
....... 0.60
Order for costs, decree, or dismissal, each,
................................ ........................ ..... 1.00
2.50
Executing precept, decree, or order, where the sum to be recovered shall
exceed $100 and not
exceeding $260, 2.60
Exceeding $260 and not exceeding $500 3.78
Receipt to Registrar for money paid out of Court, ................. 0.60
Any notice required during proceedings, . - 0.60
Copies of any proceedings, per folio, . ............ 0.26
$AILIFFs' FEES.
For service of summons, subpoena, order, or notice, , 0.60
For every arrest or execution, 1.00
When left in possession, per diem, 1.00
ATTORNEYS' FEES.
Upon every sum of $100 in dispute, . ....... ........ : 3.00
Attendance at hearing, .......................................... 5.00
1Vote.-Upon the Judge's certificate being granted, as provided for in
section 5, the attorney of the
successful party shall recover the above fees from the opposite party :
in this case the percentage fee
shall lye calculated upon the sum recovered or successfully resisted.
Exceeding $200 and not exceeding $300,
400,
600,
[Repealed by Ordinance No. 7 of 1 &62.]
Title.
Preamble.
Section 3 of Ordinance No. 9 of 1845 repealed.
Summary jurisdiction under Ordinance No. 9 of 1845 to extend to certain demands not exceeding $500.
Where execution issues for a sum exceeding $100, party not to be entitled to the benefit of provision contained in the 14th section of Ordinance No. 9 of 1845. [See Ord. No. 10 of 1857.]
Schedule of fees, where sum sought to be recovered shall exceed $100.
Right of parties to be assisted by attorneys or agents. Service of process.
Ordinance to take effect from 1st May, 1849.
Abstract
Title.
Preamble.
Section 3 of Ordinance No. 9 of 1845 repealed.
Summary jurisdiction under Ordinance No. 9 of 1845 to extend to certain demands not exceeding $500.
Where execution issues for a sum exceeding $100, party not to be entitled to the benefit of provision contained in the 14th section of Ordinance No. 9 of 1845. [See Ord. No. 10 of 1857.]
Schedule of fees, where sum sought to be recovered shall exceed $100.
Right of parties to be assisted by attorneys or agents. Service of process.
Ordinance to take effect from 1st May, 1849.
Preamble.
Section 3 of Ordinance No. 9 of 1845 repealed.
Summary jurisdiction under Ordinance No. 9 of 1845 to extend to certain demands not exceeding $500.
Where execution issues for a sum exceeding $100, party not to be entitled to the benefit of provision contained in the 14th section of Ordinance No. 9 of 1845. [See Ord. No. 10 of 1857.]
Schedule of fees, where sum sought to be recovered shall exceed $100.
Right of parties to be assisted by attorneys or agents. Service of process.
Ordinance to take effect from 1st May, 1849.
Identifier
https://oelawhk.lib.hku.hk/items/show/58
Edition
1890
Volume
v1
Cap / Ordinance No.
No. 3 of 1849
Number of Pages
2
Files
Collection
Historical Laws of Hong Kong Online
Citation
“SUPREME COURT -- SUMMARY JURISDICTION ORDINANCE,” Historical Laws of Hong Kong Online, accessed November 16, 2024, https://oelawhk.lib.hku.hk/items/show/58.
