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THE HONGKONG GOVERNMENT GAZETTE, 13TH JANUARY, 1883.
Bailiff protect- ed from acts done by order.
Registrar and Deputy Regis trar protected from Acts done by order.
Registrar and Deputy Regts- trar may apply for order.
Officers ille-
gally demand- ing fees.
Offences by Officers of the Court.
Costs In cases against officers of the Court.
Limitation of time, and modo of procedure.
Fees to be pati in stamps, and scale of fees under the Sheriff's Ordf- Luce, 1873, to be continued.
Ord. 8 of 1858 amended,
6. No suit shall be brought against a Bailiff for anything done or omitted to be done by him whilst acting under the directions in writing of the Registrar or of a Deputy Regis- trar of the Court or in pursuance of any order made or given by the Court or a Judge as hereinafter mentioned. Provided always that such Bailiff do not wilfully misrepresent, or suppress any material fact in obtaining any such directions from the Registrar or Deputy Registrars.
7. No suit shall be brought against the Registrar or any Deputy Registrar for any act done or omitted to be done by any of the Bailiffs or Deputy Bailiffs without directions from such Registrar or Deputy Registrar, nor shall any suit be brought against any Registrar or Deputy Registrar for any directions given to a Bailiff with regard to the execu- tion or non-execution of process if such directions shall be in accordance with an order obtained from the Court or a Judge as hereinafter mentioned. Provided always that no material fact be wilfully misrepresented or suppressed by such Registrar or Deputy Registrar in obtaining such order.
8. The Registrar or Deputy Registrar may in case of doubt or difficulty apply summarily to the Court or a Judge for an order for the direction and guidance of the Bailiff, and the Court or Judge may make such order in the matter as may seem just and reasonable.
9. No officer of the Supreme Court shall directly or in- directly ask or receive any fee or gratuity, not authorized by law, in respect of any of the duties of his office.
10. If any officer of the Supreme Court acting under colour of the process of the Court is charged with mis- conduct or with any wrongful act or neglect in the discharge of the duties of his office, the Court or Judge may enquire into the matter in a summary way on such evidence as may appear reasonable, and for that purpose may summon and enforce the attendance of all necessary parties and witnesses in like manner as the attendance of witnesses in other cases may be enforced, and may make such order for the payment of all damages and costs that may have been caused by any such act or neglect as it or he thinks just, and impose such fine upon the officer as it or he may deem adequate; and in default of payment of any money so ordered to be paid, payment of the same may be enforced as a judgment recovered in the Court. Provided always that this provision shall not take away any right of action for damages against any officer, but no action shall be commenced or continued for any act or omission of such officer after the Court or a Judge has ordered compensation to be paid in respect of it under this section.
11. Whenever any suit shall be brought against any officer of the Court for any act done or omitted to be done in the execution of his duties, and a verdict or judgment shall be given for the plaintiff in such suit, the plaintiff shall not have costs against the defendant unless the Judge certifies his approval of the suit and verdict or when the trial is had without a jury of the suit only. If a verdict or judgment is given for the defendant or the plaintiff becomes non-suited or discontinues the suit after issne joined, or if on demurrer or otherwise judgment is given against the plaintiff, the defendant shall recover his full costs and shall have the like remedy for the same as any defendant has by law for costs in other cases,
12. No such suit shall be brought except within three months after the act of omission or commission complained of. Notice in writing of every such suit and of the cause thereof shall be given to the intended defendant one month at least before the commencement of the suit.
The plaintiff shall not recover if tender of sufficient amends is made before a suit is commenced or if after a suit is commenced a sufficient sum of money is paid into Court by or on behalf of the defendant and the defendant under- takes to pay costs when taxed.
13. All fees receivable in the Supreme Court shall be payable in stamps subject to the provisions of the Stamp Ordinance. The fees heretofore payable under the Sheriff's Ordinance, 1873, shall continue to be payable in respect of process issued by the Court until a new scale of fees for the Supreme Court generally shall be prepared and adopted. ·
14. Ordinance No. 8 of 1858 sec. 22 is hereby amended by striking out the words "or Sheriff."