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THE HONGKONG GOVERNMENT GAZETTE, 21ST SEPTEMBER, 1872.
In pursuance of the Powers vested in the Judge of the Court of Summary Jurisdiction by Ordinance No. 7 of 1862, I, THOMAS CHILD HAYLLAR, Esquire, Acting Judge of the Court of Sum- mary Jurisdiction, have framed the following Rules and Orders, and do certify the same to His Excellency the GOVERNOR and to the Legislative Council, accordingly.
Dated this 20th Day of August, 1872.
THOMAS C. HAYLLAR.
Rules and Orders for regulating the Practice of the Court of Summary Jurisdiction of Hongkong.
Previous Orders.
I. The Rules of Practice and the Forms now in use in the Court of Summary Jurisdiction shall continue to be used and adopted in the Court, except where otherwise directed by Ordi- nance or by these Rules.
Rules made under Section XXXIII of Ordinance No. 7 of 1862.
II. No Writ or Precept to arrest any Defendant shall issue at the Instance of any Execution Creditor under Section XXI of Ordinance No. 7 of 1862, unless and until the said Creditor shall have deposited with the Clerk of the Court a sum sufficient to cover the Expenses of the Maintenance of the said Defendant in Prison at the Rate of Twenty-five Cents a Day, during the whole Period in which, according to the Rules of the Court for the Time being in Force, such Defendant is liable to be imprisoned.
III. The Clerk of the Court shall, upon receiving a Certificate under the Hand of the Superintendent of the Victoria Gaol, stating the Number of Days during which any Defendant has been in Prison under any Precept of the Court, and that the said Defendant is no longer in Prison, pay into the Colonial Treasury, out of the Money so deposited with him, a Sum sufficient to cover the Maintenance of such Prisoner during the Term of his Impri- sonment at the Rate of Twenty-five Cents a Day: Provided that if the said Defendant shall, for any Reason, be released before the Expiration of his full Term of Imprisonment, the Balance of the said Deposit remaining in the Hands of the Clerk of the Court shall, upon the Application of the Execution Creditor, be returned to him.
IV. If the said Creditor do not apply for the said Balance within a Period of One Week from the Day of the Defendant's Release, the Clerk of the Court shall pay such Balance into the Colonial Treasury to the Credit of the Plaintiff in the Suit, and the Colonial Treasurer shall not pay over any such Money as may have been paid into his Hands without an Order from the Judge of the said Court.
V. Where any Defendant is in Prison under two or more Precepts issued at the Instance of two or more Creditors, the Expenses of his Maintenance at the rate of Twenty-five Cents a Day shall be borne rateably between them.
VI. The Expenses paid by any Creditor for the Maintenance of any Defendant while in Prison, shall be added to and regarded, and treated as forming Part of the "Debt and Costs" for which the Estate and Effects of the said Defendant are liable to Execu- tion under Section XXV of Ordinance No. 7 of 1862.
Fees.
VII. The Fees on Writs of Capias ad Respondendum shall be regulated according to the Schedule annexed to these Rules.
Passed the Legislative Council of Hongkong, this 17th Day of September, 1872.
L. D'ALMADA E CASTRO, Clerk of Councils.
SCHEDULE.
Costs of Attorney on Writ of Capias ad Respondendum, not exceeding $500.
Plaintiff having been informed that the Defendant was leaving the Colony, Attendance on him taking Particulars to draw Affidavit to hold to Bail,
$0.50
Drawing same,
1.25
Attending Plaintiff therewith,
0.50
Engrossing Affidavit for Use,
0.50
Attending to get same sworn,
0.50
Paid Fee for Oath and Filing,
0.25
Attending Judge in Chambers when Order granted,.
2.00
Paid for same,..
0.50
Attending thereon,
0.50
Drawing Writ of Capias ad Respondendum and attending to issue, Court Fee on issuing same,
1.50
1.00
Copy of the Writ for Service,
0.50
Attending Sheriff to leave same for Service,
0,50
Sheriff's Fee,
1.25
$11.25
(Half the Fees of the Supreme Court.) (Rule of Court, 1850.)