i
Service of
Sabpa ut.
said Sheriff to give or tender to the said Witnesses respectively for their travelling expenses.
XLVIII. That service of auy Subprena upon any person therein named to give evidence, shall be made by deliver- ing 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 endorse 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
XLIX. That the Prisoner or Prisoners to be tried upon Indictment or any Indictment or Information shall be placed at the bar Information.
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 Prisoners 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. 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 pro- ceedings under the Summary Jurisdiction thereof) unless and until it shall be otherwise ordered and directed by and with the sanction of the Legislative Council. And all 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 Treasury. BY THE COURT,
ROBERT DUNDAS CAY, Registrar,
Passed the Legislative Council of Hongkong,
this Eleventh Day of March, 1847.
L. D'ALMADA E CASTRO,
Clerk of Councils,
done thereupon. And we hereby require the Defendant to take notice, that in default 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 Honourable John Walter Hulme, Esquire, Our Chief Justice of our said Colony at Victoria,
day of Year of our Reign.
the
in the
G. I.
Street, Victoria, Plaintiff's Attorney,
for if the Plaintiff sue in person)
A. B. of
Plaintiff.
Street, Victoria,
No wi
Form of Writ of Summons in Actions on Bills, and Notes, and other Written Instrumenta, of a like nature.
VICTORIA by the Grace of God of the United Kingdom of Great
Writ of Sum-
Britain and Ireland Queen, Defender of the Faith, to the Sheriff mons on Bills &c., of the Colony of Hongkong, or his lawful Deputy, Greeting: Bec. 5. Command C. D. of
Street, Victoria,
or signed by
day of
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 for other instrument, describing it bearing date the
day of
in the year of our Lord
signed by the said C. D., and endorsed by the said C. D., fas the case may be together with the interest thereon from the 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 serve on the said C. D., a copy of the said promissory note for other dueu- ment, o., whereon the said action or claim is founded; and, imme- diately after the Service hereof, return you there this Writ of Sum- mons, with whatsoever you have done thereupon. And we hereby require the Defendant to take notice that in default of his so appearing the Plaintiff may cause an appearance to be entered for him the said Defendant, and proceed thercon to judgment and
execution.
G, H.
Witness the Honourable John Walter Hulme, Esquire, Our Chief Justice of our said Colony at Victoria,
day of
the
in the
No.
Street, Victoria,
Plaintiff's Attorney,
(or if the Plaintiff sue in person)
A. B, of
Plaintiff.
Year of our Reign.
SCHEDULES.
No. J.
No. 2.
Assignment of Bail-Bond,
Assignment of
I the within named Sheriff, at the request of A. B., the Plaintiff within named, hereby assign to him the said A. B., the within Bail- Buil-Bond, Sec. 11. bond, and all the benefit and advantage arising therefrom.
In witness whereof I have hereunto set my hand
this
day of
in the year of our Lord
C. G. H.-Sheriff.
Form of Writ of Summons in Ordinary cases,
Writ of am- VICTORIA by the Grace of God of the United Kingdom of Grent Britain and Ireland Queen, Defender of the Faith, to the Sheriff
mons, Boc. A.
of the Colony of Hongkong, or his lawful Deputy, Greeting:- Command C. D. of
Street, Victoria, Merchant for us the case may be that justly and without delay he render to A. B. the sum of
Dollars of gond and lawful money current in the
said Colony, which he owes to and unjustly detains from him, for "perform that which the Plaintiff claims or demands to be per- formed, or "satisfy the damages" which the Plaintiff reeks, as the case may be, stating shortly and distinctly the nature and cause of the action or complaint) as it is said; and mless 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 Vietoria within Eight days after the service hereof, inclusive of the day of such service, at Ten o'clock in the forenoon, to shew where- fore he hath not done it; and, inmediately after the service hereof, return you there this Writ of Summous, with whatever you havé
No. 3.
Subpona.
VICTORIA, by the Grace of God of the United Kingdom of Great Subpoena, Sec. 28
Britain and Ireland Queen, Defender of the Faith, to G. H., I. K., L. M., and N. O., Greeting -
We command you, that, laying aside all and singular business and excuses, you, and every of you, be and appear in your proper persous before our Chief Justice of the Supreme Court of our Colony of Hongkong, at Victoria, on the
day of at ten of the clock in the forenoon of the same day, to testify all and singular those things which you, or either of you, know, in a certain cause now depending in our said Supreme Court at Victoria, between A. B. Plaintif; and C. D. Defendant; wherein the said A. B., complains, &c., for claims, co., stating shortly the nature of the action,) on the part of the Paintiff, (or Defendant ;)
374
DEX.