Bail-bond.
intention so to do, either for the purpose of avoiding process in such action, or otherwise, and the party having such claim or ground of action as aforesaid, shall produce to the said Chief Justice an affidavit of such his right of action, and of the intention of such other party to leave the Colony, and shall also state in such affidavit the grounds upon which he believes that the other party is about to leave the Colony as aforesaid, in such case it shall be lawful for the said Chief Justice to order a writ of Capias ad respondendum, (in the form given in the Schedule hereunto annexed, marked (No. 1)) to be issued to take and arrest the body of such other party so about to leave the Colony; in which said writ the amount of the debt or damages demanded, or the value of the property sought to be recovered, shall be truly specified, and the costs and charges of issuing the said writ shall be indorsed thereon by the Registrar of the Court; and of which said writ the Sheriff, or his lawful deputy, shall, upon any arrest to be made by virtue thereof, give to the Defendant, at his request, and at his charge, a true copy: Provided always, that if upon any such arrest the Defendant shall give to the Sheriff reasonable security by Bond or obligation of the said Defendant, and of one or more other person or persons having sufficient property within the said Colony, as surety or sureties, that the Defendant shall appear according to the exigency of the said writ, and shall also stand to, abide, and perform the judgment of the Court thereon, or render himself to the prison of the said Court in execution for the same, and that the said Defendant shall not from and after the date of such Bond or obligation remove or withdraw any of his property from and out of the jurisdiction of the said Court so as to evade the judgment thereof, if the same shall be for the Plaintiff (which said Bond or obligation shall, as near as may be, be in the form given in the Schedule hereunto annexed marked (No. 2)); or if the Defendant shall pay to the Sheriff, or his deputy, a sufficient sum of money to cover the amount of the debt or damages mentioned in the writ, together with the cost and charges indorsed thereon, and a further sum of five dollars for the charges of making the arrest, or shall deliver to the said Sheriff, or his deputy, the property specified in the said writ, or the value thereof, either as a deposit or security in lieu of giving a bail bond, or in satisfaction of the suit or action, then the said Sheriff shall permit the said Defendant to go at large, and free of the said arrest, as to such suit or action.
Power of Court to
32.-Provided also, and be it further enacted and ordained, That where in any suit or action the Defendant shall have been arrested or held to bail as aforesaid, if the discharge.
Plaintiff in such suit or action shall not prosecute his claim with all reasonable diligence and despatch, it shall be lawful for the Chief Justice of the said Court to order the said Defendant to be discharged out of custody, or the bail bond to be delivered up to be cancelled, and to make such further order in the matter, as to the said Chief Justice shall seem fit.
Malicious arrest.
Suing out Process.
33. And be it further enacted and ordained, That if upon the trial of any suit or action in which the Defendant shall have been so arrested, or held to bail, as aforesaid, it shall appear to the Court that the arrest of the Defendant was vexatious and malicious, and without any reasonable or probable cause, and that the order for such arrest was obtained upon a wilful misrepresentation of the facts of the case, it shall be lawful for the Chief Justice of the said Court, in his discretion, to order and adjudge the Plaintiff in such suit or action to pay to the Defendant the costs of such arrest, or holding to bail, together with such further sum of money as to the said Chief Justice shall seem fit, as a reasonable compensation to the said Defendant for having been so arrested, or held to bail; and in default of payment of any sum of money so ordered to be paid as aforesaid, it shall be lawful for the said Chief Justice, and he is hereby authorized, to commit the 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.
Writ of summons
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 to appear in ordinary in all civil suits and actions, where there can be no arrest of the Defendant, shall be cases. 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.
Service of Process.
No service of civil
& Sun.
37.-And be it further enacted and ordained, That no service of any process, order, notice, or proceeding, or any act done in any civil suit or action, except the case of process on 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 required to be done by any party in Court, at a time which would otherwise fall on a Sunday or holiday, shall be valid and effectual if done on the following day.
Return of process
38.-And be it further enacted and ordained, That the Sheriff of the said Colony shall, upon the return day of all civil process, deliver into the office of the Registrar of to the Registrar's the said Court, the said process, together with a return indorsed thereon, or annexed office. thereto, of what he has done by virtue thereof; and the Plaintiff, or Defendant, or their respective Attornies, may at any time have an office copy of the said process and the return thereto, at the cost of the party applying for the same: and if the said Sheriff shall have taken from any person arrested any money, or thing, for, and to the use, and on the behalf of the said Plaintiff, or any bond, or obligation, by virtue of any writ of Capias ad respondendum, then the said Sheriff shall, after the expiration of the time allowed for the Defendants, to appear, and in default of appearance, and being thereto required by the Plaintiff, or his Attorney, deliver over to the said Plaintiff, or his Attorney, the said money or thing, or assign to the said Plaintiff such bond or obligation, by an indorsement to be thereon made by the said Sheriff, under his hand, which indorsement shall as near as may be, be in the form in the Schedule hereunto annexed, marked (No. 4).
39.-And be it further enacted and ordained, That the Defendant in any suit or action, upon whom service of any civil process has been made, or who has been arrested and given bail for his appearance to answer any complaint or demand, shall, within eight days after such service or arrest, either by himself, or his Attorney, enter an appearance
office;
in a book to be kept for that purpose by the Registrar of the said Court: Provided nevertheless, that any party, against whom any writ of summons, or other process, may have been issued in respect of any claim or demand against him, may appear personally before the Court and admit the same, and the Registrar, or other officer of the court, shall thereupon take down in writing such his admission, and the Defendant, or some person by him duly authorized, shall sign the same, and thereupon, the Court shall forthwith pronounce judgment.
Service of Notices
40. And be it further enacted and ordained, That after the Defendant in any suit or action has entered his appearance by Attorney, service of all future summonses, &c. after the defendant has appeared demands, notices, and other proceedings in the said suit or action, made upon the said by Attorney. Attorney, and in like manner upon the Attorney of the Plaintiff, or left at his place of business, shall be valid and effectual, excepting where personal service upon either party is by any proceeding, order, or practice of the said Court specially required and provided: and all such summonses, demands, notices, and other proceedings shall be served before six o'clock at night.
Time of filing De-
41.- And be it further enacted and ordained, That in all suits and actions where the Defendant has entered an appearance to answer any complaint or demand, the claration or Claim, declaration or claim of the Plaintiff shall be filed in the office of the Registrar, and notice thereof shall be given to the Defendant, or his Attorney within one month after such appearance, in default whereof the Plaintiff shall be barred from declaring or making claim; and where the Defendant does not appear to the said process, and an appearance shall have been entered for him by the Plaintiff, the declaration or claim shall be in like manner filed in the office of the Registrar within the time aforesaid: and such declaration or claim shall correspond with the writ of
in every material point, and shall state truly, and concisely, claration. summons, or other process,
Requisites of de-
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