THE HONGKONG GOVERNMENT GAZETTE, 4TH OCTOBER, 1873.
(7 of 1862, 8. 9.]
[Ibid, s. 31.]
[1 of 1871, 8. 5.]
[7 of 1862, ⚫s. 23.]
[ Ibid, s. 27.]
[Thid, s. 24.]
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[See Shanghai
fences.
XXV. Except by Consent or Leave of the Court, no Cause or Notice of Matter within the Summary Jurisdiction of the Court shall be set Action and down for hearing before at least. Three clear Days from the Service Special De- of the Writ of Summons and except by Consent or by Leave of the Court, it shall not be competent to the Defendant to enter into any Equitable Defence or into any Special Defence such as "Set off,"
Illegality," "Want of Consideration," or the "Statute of Limi- tations," unless at least Twelve Hours' written Notice thereof has been first given to the Plaintiff or his Attorney.
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aside for Want
XXVI. No Action or other Proceeding under the Summary Proceedings Jurisdiction given by this Ordinance, shall be treated or considered not to be set as invalid or subject to be set aside, on account of any verbal or of Form. technical Error; but all Errors and Mistakes may in all Cases be' amended or altered by the Court in its Discretion; and unless the Court shall otherwise direct, all Applications to the Court or in Chambers which may be necessary in the Course of any Suit or Proceeding may be made verbally and without any preliminary Formality.
Parties.
XXVII. In every Cause or Matter pending before the Court, in Attendance of Case it shall be proved to the Satisfaction of the Court, that any Plaintiff or Defendant who may not be represented by Attorney, or Attorney and Counsel, is prevented by some good or sufficient Cause from attending the Court in person, the Court may, in its Discretion, permit any Relative, Friend, or Agent of such Plaintiff or Defendant, who shall satisfy the Court that he has Authority in that Behalf, to appear for such Plaintiff or Defendant. In Case such Authority shall be in Writing it shall not be liable to Stamp Duty.
XXVIII. The Court may, in its Discretion, on the Application of Juries of Three. either Party, or of its own Motion, order that a Common or Special Jury be empanelled for the Trial of any Cause under this Ordinance. In every such Case the Jury empanelled shall consist of Three Persons only; but save as aforesaid, all the Provisions of the Law in force in the Colony for the Time being relating to Juries in the Supreme Court, except so far as the same may provide for the Remuneration of Special Jurors, shall apply to Juries of Three Persons empanelled under this Ordinance.
XXIX. The Court may allow such reasonable Sum or Sums of Compensation Money for the Attendance and Loss of Time of Parties, Witnesses to Parties, and Special Jurors as it shall think fit, and the saine may be Witnesses, and
recovered as Costs in the Cause.
Jurors.
XXX. The Court shall appoint one or more Bailiffs who shall Bailiff. execute all Process of the Court in its Summary Jurisdiction, and the Provisions of the Sheriff's Ordinance, 1878, shall apply to every such Bailiff as if he had been expressly included therein.
XXXI. In the Execution of Orders or Decrees the Bailiff shall, Exccution. in the first Instance, if practicable, levy on the Goods, Chattels and Effects of the Defendant, and in the Event of his not being able to find sufficient Goods, Chattels, or Effects of the Defendant and the Defendant failing to point out to his Notice any Property whereon to levy, the Bailiff shall enforce the Order or Decice of the Court by the personal Arrest and Imprisonment of the Defendant.
Landlords.
XXXII. No Execution awarded against the Goods of any Execution not Party shall extend to, or be construed to extend to deprive any to prejudice Landlord of the Power vested in such Landlord by an Act passed in the Eighth Year of the Reign of Her Majesty Queen Anne, intituled "An Act for the better Security of Rents and to prevent Frauds committed by Tenants," of recovering One Year's Rent by virtue of and in Pursuance of the said Act.
XXXIII. If any Claim shall be made to, or in respect of any Interpleader Goods or Chattels taken in Execution under the Process of Court, by Bailif. or in respect of the Proceeds or Value thereof, by any Landlord for Rent, or by any Person not being the Party against whom such Process has issued, it shall be lawful for the Registrar, upon Application of the Officer charged with the Execution of such Process, as well before as after any Action brought against such Officer, to issue a Summons calling before the said Court as well the Party issuing such Process as the Party making such Claim, and thereupon the Court shall adjudicate upon such Claim and make such Order between the Parties in respect thereof, and of the Costs of the Proceedings, as to him shall seem fit, and such Order shall be enforced in like Manner as any Order made in any Action under this Ordinance.
The Code of Civil Procedure.
XXXIV. The Provisions of the Code of Civil Procedure shall General Rules No11.] be applied mutatis mutandis to Suits instituled under this Ord- Application inance so far as the same can be made applicable thereto, unless, of the Code. the Court shall in any Case for the avoiding of Delay or in furtherance of substantial Justice think fit otherwise to direct and except where the said. Provisions may in the Opinion of the Court be unsuitable or may conflict or he inconsistent with any special Provisions contained in this Ordinaren.
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