Orders to be final.
Actions against officers, &c.
distress may be avoided or lessened by enlarging the time for satisfying such Order or Decree, to order and direct the amount thereof, together with the costs and charges, to be levied by instalments, at such stated times, and in such proportional amounts, as shall be expressed in such Order, and as shall be reasonable and just: Provided, that the time for satisfying any such Order or Decree shall not exceed three months from the time of making such Order as aforesaid: Provided also, that if the Defendant shall fail to pay any such instalment agreeably to such Order, in every such case the Plaintiff may proceed to take out Execution for the amount of such Order or Decree, and the costs and charges thereof, then remaining due and unsatisfied, in like manner as if no such Order as aforesaid had been made.
XVII. And be it further enacted and ordained, That all Orders and Decrees, or other Decision, so to be made or pronounced by the said Chief Justice, in any such Summary proceeding as aforesaid, shall be final and conclusive to all intents and purposes whatsoever.
XVIII. And be it further enacted and ordained, That in case any action or suit shall at any time hereafter be commenced, or brought against any Officer or Officers of the said Supreme Court, or against any other person or persons, for any thing done in pursuance of, or under the authority of this Ordinance, it shall and may be lawful for such Officer or Officers, or other person or persons, in every such suit or action, to plead the General Issue, and give this Ordinance, and the special matter in evidence; and in case the Plaintiff or Plaintiffs in such action or suit, shall have a verdict pass against him or them, or be nonsuit, or discontinue his, her, or their action or suit, the Defendant or Defendants shall, in any of the said cases, be allowed double costs.
Proceedings not to be set aside for want of form.
Allowance and Recovery of Fees.
XIX. And be it further enacted and ordained, That no action or complaint, or other proceeding under the Summary Jurisdiction given by this Ordinance, shall be treated or considered as invalid, or subject to be set aside, on account of any verbal or technical error; but that all errors and mistakes not having a tendency to mislead the opposite party, shall and may, in all cases, be amended or altered by the Court.
XX. And be it further enacted and ordained, That in all actions and complaints or other proceedings under the Summary Jurisdiction given by this Ordinance, the Fees specified by the Schedule hereunto annexed, shall, unless and until otherwise ordered and directed, be established, and be deemed and taken as the lawful Fees and Emoluments for the discharge of the several duties therein specified; and the Chief Justice of the said Supreme Court shall have full power to compel the payment thereof in a summary way, by order, and on non-payment, by warrant of distress and sale, under his hand, and sealed with the Seal of the Court; and the said Fees shall be received and accounted for by the Registrar of the said Court, and be paid over quarterly to the Colonial Treasurer for the public uses of the said Colony.
Registrar to receive and account for Fees.
Power to make Rules and Orders.
XXI. And be it further enacted and ordained, That it shall and may be lawful, to and for the Chief Justice of the said Supreme Court, from time to time, by any general Rule or Order, to make such further regulations for the effectual execution of this Ordinance, as to him shall seem fit and necessary.
XXII. And be it further enacted and ordained, That in the construction of this Ordinance, wherever in describing any person or party, matter or thing, the word importing the singular number or masculine gender only is used, the same shall be understood to include, and shall be applied to several persons or parties as well as one person or party, and females as well as males, and several matters or things as well as one matter or thing respectively, unless there be something in the subject or context repugnant to such construction.
JOHN FRANCIS DAVIS,
Governor, &c., &c.
Passed the Legislative Council of Hongkong,
this 19th day of August, 1845.
ADOLPHUS E. SHELLEY,
Clerk of Councils.
Interpretation clause.
28
Page 30
Page 31