AZE
KLIV
HONGKONG ORDINANCES.
of the same or any part thereof shall neglect or whatever shall be permitted to appear and act in refuse to quit and deliver up possession of the Pre-any sech Summary Proceeding, for or on behalf of mises or part thereof respectively, it shall be law. any Plainiiff or Defendant therein where the Sum ful for the Landlord or his agent to enter a Plaint claimed does not exceed One Hundred Dollars, un- In the said Court, and thereupon a Summen, shall less it shall be first proved to the Satisfaction of fasue to the Person so neglecting or refusing; and the Judge, that such Plaintiff or Defendant in if the Tenant or Occupier shall not thereupon ap- prevented by some unavoidable Necessity, or some pear at the Time and Place appointed and show good or ruficient Cause from attending such Court Cause to the contrary, and shall still neglect or re-in Person. fuse to deliver up possession of the Premises to the XVIII. Right of Parties to be assisted by Attor- Landlord or his Agent, and pay the Costs incurred, neys or Agents.—Whenever any Plaint or Suit ft shall be lawful for such Landlord or Agent to shall be instituted under or by virtue of this Ordi- give Proof to the Court of the holding, and of the nance for the Recovery of auy Sum exceeding Que end or other determination of the Tenancy, with the Hundred Dollars, it shall and may be lawful for Time or Manner thereof, and, where the Title of the Plaintiff or Defendant, with the consent of the the Landlord has accrued since the letting of the Judge, to employ any Friend. Agent, or any Ac Premises, the Right by which he claims the pos- torney of the Supreme Court, to assist at the Trial session; and upon Proof of Service of the Sum- or Hearing of the Suit; and each Party shall re- mone and of the neglect or refusal of the Tenant or spectively bear and defray the Expense incurred Occupier, the Court may issue a Warrant to the by the Employment of his own Attorney, Bave and Bailiff of the said Court requiring and authorizing except when the Judge shall certify that the Case him, within not less than Seven or more than Ten was such as to render it fit and advisable for the clear Daye from the Date of such Warrant to give Party or Parties obtaining a Decree or Order of possession of the Premises to such Landlord or the Court to have professional Assistance, and that Agent; and euch Warrant shall be a sufficient Aube or they ought to be re-imbursed the Cost there- thority to such Bailiff to enter upou the Premises of, in which case the Cost of the Employment of with such Assistants as he shall deem necessary, such Attorney or Attorneye shall be delayed by and to give possession accordingly: Provided that that Party against whom the Decree or Order shall Do such Entry be made on Sunday, Good Friday, be pronounced: And it is hereby provided, that in or Christmas Oxy, or except between the Hora of such case, no other or further Fee or Charge shall Nine in the Morning and Four in the Afternoon. be allowed, either between Attorney and Client. XIII. Provisions as to Arrears of Rent.--or Party and Party, than those specified in the Having regard to the annual Amount aforesaid, Schedule No. 2 hereunto annexed. XIX. Witness not attending and Persons guilty where an Arrear of Six Months' Rent shall be due on any Landa or Premises, and not paid after of Contempt, how punished-Tue Provision con- due demand, and no sufficient Distress on the Lunds tained in the 27th Section of Ordinance No. 6 of or Premises to satisfy such arrear, it shall be lawful¦ 1845, with respect to the Non-attendance of Wit- for the Landlord to proceed in Manner aforesaid nesses pursuant to their Subpænses, and to Persona and for the Court to make a Decree for putting | guilty of a Contempt of Court, shall apply to and Toch Landlord into possession, unless the Reat and be in force as to all Matters and Proceedings in Costs of Proceedings be paid within One Fortnight the Court of Summary Jurisdiction. from the pronouncing of such Decree.
XX. Perjury.-The Provisions contained in the XIV. Proceedings. Orders, dc., may be în Form 28th Section of Ordinance No. 6 of 1845, made with prescribed in Schedule No. 1.—The several Proceed-respect to Persons guilty of wilful and corrupt Per- ings, Orders, Decrees, and Dismissals which shall jury, and the provisions contained in the 4th Sec- be taken, prosecuted, made and pronounced in the said Court of Summary Jurisdiction may be the Form prescribed in the Schedule No. 1 hereunto anneted, or as near thereto sa Circumstances will
■dmit.
XV. Court may dismiss Action or Complaint with or without Costs.-It shall be lawful for the mid Judge, and he is hereby empowered, to dismiss any Action or Complaint which may be brought be fore him either with or without Costs, and either on the Merita, or without Prejudice to further or other Proceedings as be shall think fit.
tion of Ordinance No. 2 of 1860 sa to Declarations, shall apply to and be in force as to all Matters and Proceedings in the said Court.
XXI. Execution—In each and every case in the Bid Court where the Judge shall have made any Order or Decree for the Payment of Money, it shall be lawful for the said Judge, at the prayer of the Party so prosecuting such Order or Decree, to issue a Writ or Precept, which Writ or Precept shall be directed to one or more Bailiff or Bailiffs of the said Court, who is and are hereby authorized and em- powered to levy the amount thereof on the Gooda, XVI. Consequences of not proceeding under Chattels, and Effects, of the Defendant, or to arrest Summary Jurisdiction--If any Action" or Suit the Defendant as the case may be: Provided that shall be commenced in the Supreme Court for any it shall be lawful for the Judge, and he is hereby Debt or Damages other than hereinbefore except. empowered and authorized, when thereto required ed, not exceeding the Sum of Five Hundred Dol- by the Plaintiff in avy Suit or Proceeding wherein lars, and recoverable under and by virtue of the such Writ or Precept may be issued, to appoint Jurisdiction bereby given, the Plaintiff in such Ac-one or more Special Bailiff or Bailifs, to be named tion or Suit shall not, by reason of any Verdict for by the said Plaintiff, to execute such Writ or him, be entitled to any Costs whatsoever; and if Precept, upon receiving from such Plaintiff fall and the Verdict shall be given for the Defendant or sufficient security against any improper Use or Defendants in such Action or Sait, and the Chief | Abuse of such Writ or Precept. XXI!. Orders and Decrees may be executed any- Justice of the mid Court shall think fit to certify that such Action or Suit ought not to have been where within the Colony.-Time of Lewy.—All such brought and tried before him, then such Defen-Orders and Decrees shall be carrived into execution dant or Defendants shall have double Costs, and in any District or Place whatsoever within the said shall have such Remedy as he or they could bave | Colony, or in any Place within the Jurisdiction of the Supreme Court, where the Defendant, his for his, her, or their Costs in any case by Law. XVII. Plaintiffs and Defendants to attend per- Goods, Chattels or Effects, may be found or be met sonally, unless unavoidably prevented. No Person with: Provided that all Executions and Processes
HONGKONG ORDINANCES.
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against the l'roperty of the Defendant shall be “An Act for the better Security of Rents and to sxecuted after Sunrise uud before Sunset, and that prevent Frauris committed by Tenauts,” of recover- any Officer ur Person executing the sime at any ing One Year's Rent by virtue of and in pursu- other Time shall be liable to a Fine of not exceeding ance of the sand Act. XXVIII Court may order Money to be paid by Fifty Dollara, which shall be set by the Judge of the said Court and enforced by Distress and Sale' Instalmenta. —It stiull be lawful for the said Judge of the Court of Suu:mary Jurisdiction whenever it of the Offender's Goods. XXIII. Muck of Execution—For the purpose small appear to him that the Levy of the full of preventing any Disputes as to the Mode of ex» Amount of any Order or Decree of the same Court ecuting the said last mentioned Writ or Precept, at one Time may be attended with great Distress the same shall be executed in the following Man to the Defendant, and that such. Distrem way be Der: that is to say, the Bailiff or Bailifs in the avoided or lessened by enlarging the Time for first instance eball if practicable levy on the Goode, satislying such Order or Decree, to order sud direct Chattels, and Elects of the Defendant, and in the the Amount thereof, together with the Coute and event of auch Bailiff or Bailiffs not being able to Charges, to be paid by Instalments, at mich stated find sufficient Goods, Chattels or Effecté, of the Tinies, and iu such proportional Amounts, as shall Defendaut, and the Defendant failing to point out be cxpressed in cach Order, and as shall be resson- to his or their notice any Property whereon to levy, able and just: Provided that, unless with the the said Bailiff or Builiffs shall enforce the Order Consent of the Plaintiff, the Time for satisfying or Decree of the Court by the personai Arrest and any sucu Order or Decree shall not exceed Three Imprisonment of the Defendant as hereinafter is, Months from the Time of making such Order ¦aforesaid; Provided also that if the Defendant shall mentioned. XXIV. Interpleader.—If any Claim shall be fail to pay any such Instalment agreembly to such made to or in respect of any Goods or Chattels, Order, in every such case tue Placutiff may proceed taken in execution under the Process of the Court,, to take out Execution for the Amount of such or in respect of the proceeds or value thereof by Order or Decree and the Costs and Charges there- any Landlord for Rent or by any Person not being of then remaining due and unsatisfied in like the Party against whom such Process has issued, it, Manner as if no such. Order ae aforesaid had been shall be lawful for the Clerk of the Court, upon made. application of the Officer charged with the execu-
y
XX. Appeal,-Ail Orders and Decrees of tion of such Process, as well before as after any other Decisiórie, so to be made or pronounced in action brought against such Officer, toisque a Sum- any such Summary Proceeding as aforesaid, shall mons calling before the said Court as well the Par-, be subject, with the consent of the Judge, to an ty issuing such Procers as the Party making such ¦ Appert to the Chie: Justice ; but in case the Judge Claim, and thereupon the Judge of the said Court ¦ should refuse such consent, the Chief Justice shali adjudicate upon such Claim and make such, notwithstanding, on application, allow such Appeal Order between the Parties in respect thereof, and jun much terms as to him shall seem fit. XXX. Actions against Officers, &c.,—General of the Custa of the Proceedings, as to him sha:l seem fit, and such Order shall be enforced in like Issue-In case any Action or Suit shall at any matuer as any Order made in any Action in the Time hereafter be commenced or brought against any fficer of the said Court of Summary Jurisdic- 8am. Court. XXV. Imprisonment by Process of Court not to tion, or against any other Person for anything exceed Six Months—Liability of after-acquired } doue in pursuance of or under the Authority of this Efects.-Every Defendant who shall be arres-Ordinance, it shall be lawful for such Officer or ted and taken in Execution under the Pro-other Person in every sucu Suit or Action to plead cess of the said Court, shall be imprisoned for a the general lasue, and give this Ordinance and the space of Time not exceeding Six Calendar Monthe, special Matter in Evidence ; and in case the Plaintiff unlesa, before the Expiration thereof, the Order or in such Action or Suit all have a Verdict pass Decree of the said Court shall have been satisfied: against him or be nou-suit or discontinue bis Action Provided that in case any Defendant shall be disor Suit, the Defendant shall, in any of the said charged from Prison without having paid the Debt Cases, he allowed double Costs. XXXI. Proceedings nor be set aside for want and Costs for which he had been imprisoned, it shall be lawful for the Complainant, at any Time Form.- No Action of Compisiat or other Proceed- within Three Years after such Order or Decree, loing under the Summary Jurisdiction given by this take out fresh Execution against any Estate or Ef-Ordinauce, shall be treated or considered na invalid fects which such Defendant may have become pos or subject to be set aside, où account of any verbal seased of or entitled to, until «nch Order or Decree or tecnica. Error; but ali Errors and Mistakes not having a tendency to mislead the opposite Party, shal be fully satisfied. XXVI. Expenses of Debtors maintenance in shali and may in ali Cases be amended or altered Prison to be paid by Execution Creditor -When- by the Court. XXXIL Allorunc, and Recovery of Fra.-Clerk ever any Delendant shall be taken in Execution under suv Process under this Ordinance, the Com- to recive an account for Fees.—In all Actions and plainant at whose Suit be shall have been taken in Compaints or other Proceedings in the Court of Ex-cution shall pay the expenses of the necessary Summary Jurisdiction created by this Ordinance, and proper Maintenance of the Defendant in Pri- the Fees specified by the Schedule No. 2 hereunto son not exceeding the Sum of Twenty-five Cents annexed, shall, unless nad un:d otherwise ordered per diem, and the amount of such expenses shall and directed, be established and be deemed and be■ Debt to the Crown, and shall be queable for talen as the lawful Fees and Emoluments of the and recoverable by the Governor of the Gaol for said Court and of the Attormes thereof for the Discharge of the several Dutice therein specified; the time being. XXVII. Execution nat to prejudice Landlords. and the Judge of the Court aliall have full Power -No Execution awarded against the Goode of any to compel the l'ayment of the Foes of the Cuurt in Party shall extend to or be construed to extend to Summary Way by Order, mid on Non-payment, deprive way Landlord of the Power vested in such by Warrant of Distress and Sale under his Band Landlord by an Act prased in the Eighth Year of and sealed with the Seal of the Court; and the the Reign of Her Majesty Queen Anne, intituled said Fees shall be received and accounted for by