Private prosecu-
described therein with such certainty that the summoning Officer may be able readily to find them; and the form of the said Subpana shall, as near as may be, be according to the like form established in the said Court in and for civil cases.
XLVII. It is further ordered, That when the prosecution tor to pay Sheriff's is at the instance of a private person, he, or she, or some one costs together with
on his behalf, shall, at the time of delivering the said Subpæna, expenses.
and copies thereof, also pay to the Sheriff his lawful costs and charges for executing the same, together with such further sum or sums of money as the said private party intends the said Sheriff to give or tender to the said Witnesses respect- ively for their travelling expenses.
Service of Sub- panu.
mation.
XLVIII. It is further ordered, That service of any Subpœna upon any person therein named to give evidence, shall be made by delivering to him or her, or by leaving with some one of his or her household, for him or her, at his or her dwelling- house, or with some one of his or her Clerks, at his or her counting-house or place of business, when he or she cannot be found, a copy of the said Subpoena, and the summoning Officer shall at the same time shew him or her, or the person with whom the copy is left, the original, and shall inform him or her of the exigency thereof; and the said officer shall in all cases indorse on, or annex to, the original, a return of the manner of his execution thereof, and shall transmit the same to the Registrar of the Court.
Pleading to In-
XLIX. It is further ordered, that the Prisoner or Prisoners dictment or Infor- to be tried upon any Indictment or Information, shall be placed at the bar unfettered, unless the Court shall see cause otherwise to order; and the Indictment or Information shall be read over to him, her, or them, by the Registrar or other Officer of the Court, and explained, if need be, by that officer, or the Interpreter of the Court; and such Prisoner or Pri- soners shall be required to plead instantly thereto; unless where the Prisoner or Prisoners is or are entitled to service of a copy of the Indictment or Information, he, she, or they, shall object to the want of such service, and the Court shall find that he, she, or they, has, or have not been duly served therewith.
Fees.
5.-FEES.
L. It is further ordered, That in all matters and proceedings in the said Supreme Court, the Fees specified in the Schedule hereunto annexed, marked (No. 7,) shall be the lawful Fees to be taken and allowed in the said Court (other than in proceedings
And all
proceedings under the Summary Jurisdiction thereof,) unless and until the Court shall otherwise order and direct. Fees received by the Registrar, as well as those received by the inferior officers of the Court, shall be accounted for Quarterly by them respectively to the Colonial Treasurer,
BY THE COURT,
ROBERT DUNDAS CAY,
Registrar.
SCHEDULES REFERRED TO.
No. 1.
Form of Writ of Summons in Ordinary cases.
Writ
of Summons,
VICTORIA by the Grace of God of the United Kingdom of Great Britain
and Ireland Queen, Defender the Faith, to the Sheriff of the Colony of Sec. V. Hongkong, or his lawful Deputy, Greeting Command C. D. of
Street, Victoria, Merchant (or as the case
may be that justly and without delay he render to A. B. tie sum of
Dollars of good and lawful money current in the said Colony, which he owes to and unjustly detains from him, (or "perform" that which the Plaintiff claims or demands to be performed, or satisfy the damages" which the Plain- tiff seeks, as the cuse may be, stating shortly and distinctly the nature and cause of the action or complaint) as it is said; and unless he shall do so, then summon the said C. D., by delivering a copy hereof, that he appear before our Chief Justice of the Supreme Court of our said Colony at Victoria within Eight days after the service hereof, inclusive of the day of such service, at Ten o'Clock in the forenoon, to shew wherefore he hath not done it; and, immediately after the service hereof, return you there this Writ of Summons, with whatever you have done thereupon; and we hereby require the Defendant to take notice, that in de- fault of his so appearing, the Plaintiff may cause an appearance to be entered for him the said Defendant, and proceed thereon to Judgment and Execution.
Witness the Honorable Johu Waiter Hulme,
Our Chief Justice of our said Colony at Victoria, day of Year of our Reign.
G. II.
Street, Victoria, Plaintiff's Attorney,
(or if the Plaintiff' sue in person)
A. B. of
Plaintiff.
Street Victoria,
the
in the
Form of Writ of Summons in Actions on Bills, and Notes, and other Written Instruments.
VICTORIA by the Grace of God of the United Kingdom of Great Britain
Writ of Summons on
and Ireland Queen, Defender of the Faith, to the Sheriff of the Colony Bills &c., Seu. 8. of Hongkong, or his lawful Deputy, Greeting:- Command C. D. of
Street, Victoria,
that justly and without delay he render to A. B. the sum of
Dollars, of good and lawful money current in the said Colony, which he owes to the said A. B. upon and by virtue of a certain promissory note (or other instrument, des- cribing it) bearing date the
day of
of our Lord signed by the said C. D., or signed by
in the year
and endorsed
by
127