386 ORDINANCE No. 10 of 1857 .
Supreme Court- Summary Jurisdiction.
No. 10 of 1857.
Title. An Ordinance to amend Ordinance No. 3 of 1849.
[ 23rd October, 1857. ]
Preamble. THEREAS it is expedient to alter and amend that portion of Ordinance No. 3 of
W "1849, by which defendants arrested and taken in execution under the process
of the Supreme Court of Hongkong, sitting in its summary jurisdiction, for sums
exceeding the amount of one hundred dollars, are debarred the benefit of the fourteenth
section of Ordinance No. 9 of 1845 : Be it therefore enacted and ordained by His
Excellency the Governor of Hongkong, with the advice of the Legislative Council
➖➖
thereof, in manner following , that is to say :
Persons impri 1. Every defendant who shall be arrested and taken in execution under the process
soned under
process of the
Court for suins of the said Supreme Court, sitting in its summary jurisdiction, and in whose case the
from one to five
hundred dollars, debt or damages decreed or ordered shall exceed the sum of one hundred dollars, but
not to be impri
soned for a shall not exceed the sum of five hundred dollars, shall and may be imprisoned in the
longer term than
twelve months.
prison of the said Court at the discretion of the Chief Justice of the said Supreme
Court, for any term not exceeding twelve months, unless before the expiration of such
term the order or decree of the said Court shall have been satisfied ; and in case such
order or decree shall not be satisfied at the expiration of such term , then such defendant
shall be discharged from such prison ; but it shall be lawful for the complainant, at
any time after such order or decree, to take out fresh execution against any estate or
effects which such defendant may have become possessed of or entitled to , until such
order or decree shall be fully satisfied.
Expenses of 2. Whenever any such defendant as aforesaid shall be arrested and taken in
keeping such
debtors to be execution under such process as aforesaid, the complainant, at whose suit he shall be
defrayed by the
parties at whose
suit they are so arrested and taken in execution , shall pay such expenses as may have been incurred
arrested.
in and about the maintenance of such defendant, in such prison as aforesaid, not
exceeding the rate of twenty-five cents per diem ; and the amount of such expenses
shall be a debt due to the Crown, and shall be suable for and recoverable by the Governor
of the gaol for the time being.
Ordinance not to
apply to debtors 3. Nothing in this Ordinance shall be construed or taken to extend or apply to
who have
incurred the debt any defendant, who shall have contracted the debt or become liable to the damages for
by fraud or
breach oftrust, which the decree or order of the said Supreme Court shall have been given against him,
&c.
or any part thereof, by reason of any manner of fraud, or breach of trust, or without
reasonable probability at the time of contracting the same of being able to pay the
same, or who shall have voluntarily done or suffered any act whereby his goods shall
have been taken in execution, or shall have voluntarily made or done any assignment,
deed, act or thing, with intent to delay or defraud the complainant, at whose suit such
decree or order shall be given against him or any other of his creditors.
Ordinance to 4. This Ordinance shall extend to persons now in prison under Ordinance No. 3
extend to persons
now in prison. of 1949.
[ Repealed by Ordinance No. 7 of 1862.]