62
Shing out
process,
Writ of
summons to appear in
ordinary cases.
Service of process.
No service of civil process on
ORDINANCE No. 15 of 1844.
Supreme Court.
said plaintiff to the prison of the said Court until the same shall be paid: Provided, that in any case in which compensation shall have been awarded as aforesaid, it shall not be lawful for the defendant to proceed against the plaintiff by action or otherwise for the recovery of any other or further sum of money by way of damages for such arrest, or holding to bail.
34. And be it further enacted and ordained, that all civil process of the said Supreme Court may be sued out by any person having any demand or matter of complaint against any other person whatsoever (excepting against the Governor, or the Officer administering the Government of the Colony for the time being, as against whom no such process shall be sued out without leave of the Court, upon motion, first had and obtained; and excepting also where any demand or complaint shall be made by or against the Chief Justice of the said Court, in which case such demand or complaint shall be prosecuted and made by petition to the Governor, or Officer administering the Government of Hongkong, in his Executive Council), and the said process shall be dated on the day on which it is issued, and shall be made returnable by the sheriff to the Court, through the Registrar of the said Court, immediately after the service or execution thereof; and the said process shall be issued by the Registrar of the Court, for which the warrant to sue shall be his authority, and the said process shall be endorsed with the name and address of the attorney or party suing out the same.
35. And be it further enacted and ordained, that the common process of the said Court to compel the appearance of any person to answer any complaint or demand in all civil suits and actions, where there can be no arrest of the defendant, shall be by writ of summons directed to the sheriff of the Colony, (except where the said sheriff is a party, and then to some fit and proper person nominated by the said Court, in manner herein before directed) requiring the said sheriff (or such other person) to command the defendant, that he render to the plaintiff the sum or matter in question, or perform that which the plaintiff claims or demands from him; and, in default thereof, to summon the defendant, that he appear before the said Court, within eight days after the service of the said writ, inclusive of the day of such service, to show cause why he hath not done so, which said writ of summons shall, as near as may be, be in one or other of the forms, according to the nature of the suit or action, in the schedule hereunto annexed, marked (No. 3.).
36. And be it further enacted and ordained, that in all cases where by law there can be no arrest of the defendant, a copy of the writ of summons shall be served, either personally on the said defendant, or by leaving the same at his dwelling house or place of abode, or at his counting house or place of business.
37. And be it further enacted and ordained, that no service of any process, order, a Sunday, except notice, or proceeding, or any act done in any civil suit or action, except in case of arrest, shall be valid or effectual if performed on a Sunday; and all process returnable on a Sunday, or upon a holiday, shall be returned on the following day; and any act in case of arrest.
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