SUPREME COURT -- SUMMARY JURISDICTION ORDINANCE
Title
SUPREME COURT -- SUMMARY JURISDICTION ORDINANCE
Description
Supreme Court -- Summary Jurisdiction.
No. 5 of 1854.
An Ordinance to amend and extend Ordinance No. 9 of 1845, entitled
'An Ordinance to invest the Supreme Court of Hongkong with a
Summary Jurisdiction in certain cases.'
[31st October, 1854.]
WHEREAS it is advisable to afford further facility for the recovery of
the,
possession of lands and tenements the annual rental of which does not
exceed '-
the sum o£ five hundred dollars, and accordingly to amend the Ordinance
No. 9 of 7845
by extending its power to such cases of possession:-
1. Be it therefore enacted and ordained by the Honorable the
Lieutenant-Governor
Administering The Government of Hongkong, with the advice of the
Legislative Council : -.
thereof, that so much of the first and other sections of Ordinance No. 9
of 1845 as. are''.
--
in any wise inconsistent or repugnant to the provisions of this Ordinance
shall, as:';~.-
respects the application of the same, be deemed and are hereby repealed
to such extent.
2. And be it further enacted and ordained, that when the term and
interest of '-
tlie tenant of any lands or tenements where the value of the premises or
the rent pay--:;,
able in respect of such tenancy did not exceed the annual sum of five
hundred dollars;- ~-
shall have ended or shall have been duly determined by a legal notice to
quit, and i£ =_ .'
such tenant or occupier of the same or any part thereof shall neglect or
refuse to quit : r~=
and deliver up possession of the premises or of such part thereof
respectively, it s11a1L. 1'
he lawful for the landlord or his agent to enter a plaint (after the form
in the schedule :-_~
hereunto annexed) in the Supreme Court in its summary jurisdiction, and
thereupon a
ORDINANCE No. 5 of 1854.
Supreme Court-Sisnarnary Jurisdiction-
,summons shall issue to the person so neglecting or refusing; and if the
tenant or
-occupier shall not thereupon appear at the time and place appointed and
show cause to
-the contrary, and shall still neglect or refuse to deliver up possession
of the premises
to the landlord or his agent, it shall be lawful for such landlord or
agent to give proof
to the Court of the holding, and of the end or other determination of the
tenancy, with
the time or manner thereof, and, where the title of the landlord has
accrued since the
letting of the premises, the right by which he claims the possession; and
upon proof of
:Service of the summons and of the neglect or refusal of the tenant or
occupier, the
Court may issue a warrant to the bailiff of the Supreme Court requiring
and authoriz-
ing him, within not less than seven or more than ten clear days from the
date of such
warrant to give possession of the premises to such landlord or agent; and
such war-
rant shall be a sufficient authority to such bailiff to enter upon the
premises with such
.assistants as he shall deem necessary, and to give possession
accordingly: Provided
that no such entry be made on a Sunday, Good Friday, or Christmas Day, or
except
between the hours of nine in the morning and four in the afternoon.
3. And be it further enacted and ordained, that having regard to the
annual 1>rovinionnrto
arrears of rend
.amount aforesaid where an arrear of twelve months' rent shall be due on
any lands or
premises, the same being reserved by lease or agreement in writing and
not paid after
due demand, or where six months of such rent shall be in arrear and no
sufficient
distress on the lands or premises to satisfy such arrear, it shall be
lawful for the land-
lord to proceed in manner aforesaid, and for the Court to make a decree
for putting
such landlord into possession, unless the rent and costs of proceedings
be paid within
one fortnight from the pronouncing of such decree.
4. And be it further enacted and ordained, that in proceedings under
this ieestoitetakeq
-Ordinance the following fees be allowed on taxation of costs: on
tuxntion of
eoetg
Filing and entering plaint,
Summons for defendant and copy, ......
1 f tenant, W ., -
ttegiect to
appear or rethso
to lace
posaesdon, Gnnrt
=Oil proof of
e of
quillifLonsi issue
at. sen.rrattt to
enforce the
0.50
0.50
If more than one defendant, each additional copy, 0.25
0.50
1.00
0.50
1.00
2.00
0.50
0.50
Subpoena, and copy, each witness, :
Hearing and adjudication, ....
Every oath of party or witness, .......
Order for decree or dismissal, each,
Precept,
Executing precept decree or order, ...,..
Any notice required during proceedings,
Copies of any proceedings, per folio, .
Bailiff 's Fees.
Service of summons, subpoena order or notice,
Putting into execution any, order of Court,
Hearing and attendance,
Attorney's Tees.
0.25
0.50
Zd.00
Supreme Court -- Summary Jurisdiction.
Ordinance No. 5 of 1854.
SCHEDULE REFERRED TO EN THIS ORDINANCE.
COLONY of HONGK02G I
TO WIT. f
Suprotno Court of his plaint against C. D.
in the said Colony (far the said C. D.
A, 13, the possession (if
Colony (or for that the said C. D. ma:es and rrfases to _?)ay the suet of
being rent due by the said C. D. to the said A.B.)
And the said . A. B, hereby declares that the particulars hereunto
annexed contain a full
account of his demand against the said C. D. and thereupon he prays that
the said C. D. may be sum-.
moved to attend on at to answer such his demand.
A. B.
hereby requires entry to 1c made in the summary jurisdiction of tli'e-
m;ithholdsfront the said'
being premises situated in this
Dated
(Signed)
[Repealed by Ordinance No. 7 of 1862.]
288
Title.
Preamble.
Parts of Ordinance 9 of 1845 repealed.
Possession of tenements not exceeding $500 per annum, recoverable by plaint in the summary jurisdiction of the Supreme Court. If tenant, &c., neglect to appear or refuse to give possession, Court may, on proof of service of summons, issue a warrant to enforce the same.
Provisions as to arrears of rent.
Fees to be taken on taxation of costs. 290
Form of plaint.
No. 5 of 1854.
An Ordinance to amend and extend Ordinance No. 9 of 1845, entitled
'An Ordinance to invest the Supreme Court of Hongkong with a
Summary Jurisdiction in certain cases.'
[31st October, 1854.]
WHEREAS it is advisable to afford further facility for the recovery of
the,
possession of lands and tenements the annual rental of which does not
exceed '-
the sum o£ five hundred dollars, and accordingly to amend the Ordinance
No. 9 of 7845
by extending its power to such cases of possession:-
1. Be it therefore enacted and ordained by the Honorable the
Lieutenant-Governor
Administering The Government of Hongkong, with the advice of the
Legislative Council : -.
thereof, that so much of the first and other sections of Ordinance No. 9
of 1845 as. are''.
--
in any wise inconsistent or repugnant to the provisions of this Ordinance
shall, as:';~.-
respects the application of the same, be deemed and are hereby repealed
to such extent.
2. And be it further enacted and ordained, that when the term and
interest of '-
tlie tenant of any lands or tenements where the value of the premises or
the rent pay--:;,
able in respect of such tenancy did not exceed the annual sum of five
hundred dollars;- ~-
shall have ended or shall have been duly determined by a legal notice to
quit, and i£ =_ .'
such tenant or occupier of the same or any part thereof shall neglect or
refuse to quit : r~=
and deliver up possession of the premises or of such part thereof
respectively, it s11a1L. 1'
he lawful for the landlord or his agent to enter a plaint (after the form
in the schedule :-_~
hereunto annexed) in the Supreme Court in its summary jurisdiction, and
thereupon a
ORDINANCE No. 5 of 1854.
Supreme Court-Sisnarnary Jurisdiction-
,summons shall issue to the person so neglecting or refusing; and if the
tenant or
-occupier shall not thereupon appear at the time and place appointed and
show cause to
-the contrary, and shall still neglect or refuse to deliver up possession
of the premises
to the landlord or his agent, it shall be lawful for such landlord or
agent to give proof
to the Court of the holding, and of the end or other determination of the
tenancy, with
the time or manner thereof, and, where the title of the landlord has
accrued since the
letting of the premises, the right by which he claims the possession; and
upon proof of
:Service of the summons and of the neglect or refusal of the tenant or
occupier, the
Court may issue a warrant to the bailiff of the Supreme Court requiring
and authoriz-
ing him, within not less than seven or more than ten clear days from the
date of such
warrant to give possession of the premises to such landlord or agent; and
such war-
rant shall be a sufficient authority to such bailiff to enter upon the
premises with such
.assistants as he shall deem necessary, and to give possession
accordingly: Provided
that no such entry be made on a Sunday, Good Friday, or Christmas Day, or
except
between the hours of nine in the morning and four in the afternoon.
3. And be it further enacted and ordained, that having regard to the
annual 1>rovinionnrto
arrears of rend
.amount aforesaid where an arrear of twelve months' rent shall be due on
any lands or
premises, the same being reserved by lease or agreement in writing and
not paid after
due demand, or where six months of such rent shall be in arrear and no
sufficient
distress on the lands or premises to satisfy such arrear, it shall be
lawful for the land-
lord to proceed in manner aforesaid, and for the Court to make a decree
for putting
such landlord into possession, unless the rent and costs of proceedings
be paid within
one fortnight from the pronouncing of such decree.
4. And be it further enacted and ordained, that in proceedings under
this ieestoitetakeq
-Ordinance the following fees be allowed on taxation of costs: on
tuxntion of
eoetg
Filing and entering plaint,
Summons for defendant and copy, ......
1 f tenant, W ., -
ttegiect to
appear or rethso
to lace
posaesdon, Gnnrt
=Oil proof of
e of
quillifLonsi issue
at. sen.rrattt to
enforce the
0.50
0.50
If more than one defendant, each additional copy, 0.25
0.50
1.00
0.50
1.00
2.00
0.50
0.50
Subpoena, and copy, each witness, :
Hearing and adjudication, ....
Every oath of party or witness, .......
Order for decree or dismissal, each,
Precept,
Executing precept decree or order, ...,..
Any notice required during proceedings,
Copies of any proceedings, per folio, .
Bailiff 's Fees.
Service of summons, subpoena order or notice,
Putting into execution any, order of Court,
Hearing and attendance,
Attorney's Tees.
0.25
0.50
Zd.00
Supreme Court -- Summary Jurisdiction.
Ordinance No. 5 of 1854.
SCHEDULE REFERRED TO EN THIS ORDINANCE.
COLONY of HONGK02G I
TO WIT. f
Suprotno Court of his plaint against C. D.
in the said Colony (far the said C. D.
A, 13, the possession (if
Colony (or for that the said C. D. ma:es and rrfases to _?)ay the suet of
being rent due by the said C. D. to the said A.B.)
And the said . A. B, hereby declares that the particulars hereunto
annexed contain a full
account of his demand against the said C. D. and thereupon he prays that
the said C. D. may be sum-.
moved to attend on at to answer such his demand.
A. B.
hereby requires entry to 1c made in the summary jurisdiction of tli'e-
m;ithholdsfront the said'
being premises situated in this
Dated
(Signed)
[Repealed by Ordinance No. 7 of 1862.]
288
Title.
Preamble.
Parts of Ordinance 9 of 1845 repealed.
Possession of tenements not exceeding $500 per annum, recoverable by plaint in the summary jurisdiction of the Supreme Court. If tenant, &c., neglect to appear or refuse to give possession, Court may, on proof of service of summons, issue a warrant to enforce the same.
Provisions as to arrears of rent.
Fees to be taken on taxation of costs. 290
Form of plaint.
Abstract
288
Title.
Preamble.
Parts of Ordinance 9 of 1845 repealed.
Possession of tenements not exceeding $500 per annum, recoverable by plaint in the summary jurisdiction of the Supreme Court. If tenant, &c., neglect to appear or refuse to give possession, Court may, on proof of service of summons, issue a warrant to enforce the same.
Provisions as to arrears of rent.
Fees to be taken on taxation of costs. 290
Form of plaint.
Title.
Preamble.
Parts of Ordinance 9 of 1845 repealed.
Possession of tenements not exceeding $500 per annum, recoverable by plaint in the summary jurisdiction of the Supreme Court. If tenant, &c., neglect to appear or refuse to give possession, Court may, on proof of service of summons, issue a warrant to enforce the same.
Provisions as to arrears of rent.
Fees to be taken on taxation of costs. 290
Form of plaint.
Identifier
https://oelawhk.lib.hku.hk/items/show/84
Edition
1890
Volume
v1
Cap / Ordinance No.
No. 5 of 1854
Number of Pages
3
Files
Collection
Historical Laws of Hong Kong Online
Citation
“SUPREME COURT -- SUMMARY JURISDICTION ORDINANCE,” Historical Laws of Hong Kong Online, accessed November 18, 2024, https://oelawhk.lib.hku.hk/items/show/84.
