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THE HONGKONG GOVERNMENT GAZETTE, 17TM DECEMBER, 1870.
[No. 6 of 1855, s. 51.]
[No. 6 of 1855, 8. 52.]
[No. 6 of 1855, 8. 53.]
[No. 0 of 1855, s. 54.]
[No. 6 of 1855, s. 55.]
[No. 0 of 1856, 9.57.]
An Ordinance enacted by the Governor of Hongkong, with the Advice of the Legislative Council thereof, to extend the Jurisdiction and Powers of the Court of Summary Jurisdiction.
[
1870.]
W relation to the Court of Summary Jurisdiction: Be it
HEREAS it is expedient to make further Provision in
enacted by the Governor of Hongkong, with the Advice of the Legislative Council thereof, as follows:
Title.
Preamble.
I. This Ordinance may be cited as "The Summary Jurisdic- Short Title. tion Court Ordinance, 1870."
II. The following Terms and Expressions shall be understood as Interpretation hereinafter defined or explained, unless there be something in the Clause. Subject or Context repugnant to such Definition or Explanation; that is to say:
The Expression "Principal Ordinance" shall mean Ordi-
nance No. 7 of 1862,
The Terms "Court" and "Judge" shall mean respectively the
Court of Summary Jurisdiction and the Judge thereof. The Expression "Sum in Dispute" shall, in Proceedings
under Section XII of the Principal Ordinance, mean the annual Value of the Premises, and in other Proceed- ings shall mean the Sum sought to be recovered. III. Sections XVI, XVII and XVIII of the Principal Ordinance, Repealing are hereby repealed.
Clause.
IV. Section IX of Ordinance No. 1 of 1869, is hereby amended Amending by inserting the Words "or Criminal" after the Word "Civil" Clause. in the Ninth Line, and likewise after the Word "Civil" in the
Tenth Line thereof.
Appearance of Parties.
Proviso.
V. In every Cause or Matter pending before the Court, the Parties to Plaintiff and Defendant if not represented by Attorney or by appear in Attorney and Counsel as the Case may be must appear in Person: Person or by Provided always that in Case it shall be proved to the Satisfaction Attorney. of the Judge, that any Plaintiff or Defendant who may not be represented as aforesaid is prevented by some good or sufficient Cause from attending the Court in Person, the Judge may, in his 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.
Attachment of Debts.
VI. It shall be lawful for any Creditor who has obtained a Examination Judgment in the Court to apply for an Order that the Judgment of Judgment Debtor should be orally examined before the Court as to any and Debtor as to what Debts are owing to him.
Debts due to him.
Attachment of
VII. It shall be lawful for the Court, upon the ex-parte Court may Application of such Judgment Creditor, either before or after such order an oral Examination, and upon Affidavit by himself or his Attorney Debts. stating that Judgment had been recovered, and that it is still unsatisfied, and to what Amount, and that any other Person is in- debted to the Judgment Debtor, and is within the Jurisdiction of the Court, to order that all Debts owing or accruing from such third Person (hereinafter called Garnishee) to the Judgment Debtor, shall be attached to answer the Judgment Debt; and by the same, on any subsequent Order, it may be ordered that the Garnishee shall appear before the Court, to shew Cause why he should not pay the Judgment Creditor the Debt due from him to the Judgment Debtor, or so much thereof as may be sufficient to satisfy the Judgment Debt.
VIII. Service of an Order that Debts due or accruing to the Order for Judgment Debtor shall be attached, or Notice thereof to the Attachment to Garnishee, in such Manner as the Court shall direct, shall bind bind Debts. such Debts in his Hands.
due from Garnishce to
IX. If the Garnishee does not forthwith pay into Court the Proceedings Amount due from him to the Judgment Debtor, or an Amount tolevy Amount equal to the Judgment Debt, and does not dispute the Debt due or claimed to be due from him to the Judgment Debtor, or if he does Judgment not appear upon Summons, then the Court may order Execution Debtor. to issue, and it may be sued forth accordingly, without any pre- vious Writ or Process, to levy the Amount due from such Garni- shee towards Satisfaction of the Judgment Debt.
X. If the Garnishce disputes his Liability, the Court, instead Court may of making an Order that Execution shall issue, may order that allow
Judgment the Judgment Creditor shall be at Liberty to proceed against the Creditor to sue Garnishee by ordinary Summons and upon the hearing thereof, Garnishce. the Garnishee shall be called upon to show Cause why there should not be Execution against him for the alleged Debt, or for the Amount due to the Judgment Debtor, if less than the Judgment Debt, and for Cost of Suit."
XÍ. There shall be kept in the Office of the Court a Debt Attachment Attachment Book, and in such Book Entries shall be made of the Book to be
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