Registrar to re- 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.
for fees.
RIGHT TO Sue Ok
133.-And be it further enacted and ordained, That any poor person, before commencing or defending any action or suit in the said Court, in his own right, or becoming poor during the progress thereof, may apply to the Court, on motion, for leave to sue or defend as a Pauper, which motion shall be supported by an affidavit of the party so applying, and of two householders living in his neighbourhood, that he is not possessed of property to the amount of Fifty dollars in value, excepting household goods, wearing apparel, tools of trade, and the matter or thing claimed by him in the action or suit, if he be Plaintiff, and thereupon it shall be referred to a Barrister of the said Court, to consider the said case; and upon the party so applying producing a certificate signed by such Barrister, that he has considered the case of the said party, and believes him to have a good cause for action, or defence, as the case may be, it shall be lawful for the said Court, to grant a Rule to the party applying calling upon the opposite party, to show cause why the applicant should not be allowed to sue, or defend, (as the case may be) in forma pauperis, and unless sufficient cause be shown against the said Rule the same shall be made absolute.
134. And be it further enacted and ordained, That if the party applying to sue or defend as a Pauper, in any case not being within the Summary Jurisdiction of the Court, shall also pray that any Barrister, or Attorney consenting thereto, may be appointed to appear for him, the Court will so order; or else will appoint a Barrister and Attorney, or other persons duly authorised to act as such, to appear for the said party.
No fees to be taken in pauper causes.
135. And be it further enacted and ordained, That no fee shall be taken by any Barrister or Attorney, or Officer of the Court, from any person admitted to sue or defend as a Pauper, for anything done in the conduct of the cause; but if he succeed, and the costs should be awarded to be paid by his opponent, then the Barrister and the Attorney of the said party, and the Officers of Court, shall be entitled to, and shall receive, all such fees, as the Registrar of the Court, shall allow to them on taxation.
When privilege of
136.-And be it further enacted and ordained, That any person having been so suing or defending admitted to sue or defend as a Pauper, and becoming of ability during the progress of the cause, or misbehaving himself therein by any vexatious or improper conduct or proceeding, or wilfully delaying the cause, shall on the same being shown to the Court, be deprived of all the privileges of such his admission.
INTERPRETATION CLAUSE,
137. 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 the 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.
SCHEDULE (N°. 1.) Sec. 31.
Writ of Capias ad Respondendum.
VICTORIA by the Grace of God of the United Kingdom of Great Britain and Ireland Queen, Defender of the Faith, to the Sheriff of the Colony of Hongkong, or his lawful Deputy, Greeting.
We command you that you take C. D. of Street in Victoria, Merchant, (or as the case may be) if he be found in this Colony, and him safely keep, until he shall have given you bail, or made deposit with you according to law, or until the said C. D. shall by other lawful means be discharged from your Custody, so that he appear before our Chief Justice of the Supreme Court of our said Colony at Victoria within eight days after the execution hereof on him, inclusive of the day of such execution, then and there to answer A. B. wherefore he hath not paid to the said A. B. the sum of Dollars of good and lawful money current in the said Colony which he owes to and unjustly detains from him" or "hath not delivered to the said A.B. a certain boat together with its oars furniture &c." or "other moveable thing which the said C. D. unlawfully detains from the said A. B.", or "hath not satisfied the said A. B. his damages, which the said A. B. hath sustained in respect of &c.", (stating any wrong or injury committed by the Defendant as the case may be) as it is said;] and in default of such appearance after having given a bail bond, the Plaintiff may proceed against the Sheriff or on the bail bond; and we do further command you, that on execution hereof, you do deliver a copy hereof to the said Defendant; and we do further command you, that immediately after the execution hereof, you do return this writ to our said Supreme Court of Hongkong, together with the manner in which you shall have executed the same and the day of the execution thereof,
Witness The Honorable John Walter Hulme,
Our Chief Justice of our said Colony at Victoria
the day of Year of our Reign.
No. Street Victoria,
G. H.
Plaintiff's Attorney
(or if the Plaintiff sue in person)
A. B. of
Plaintiff
the
in the
SCHEDULE (N°. 2.) Sec. 31.
Form of Bail-bond.
Dollars (double
KNOW all men by these presents that we C. D. of and L. M. of are held and firmly bound to Sheriff of the Colony of Hongkong in the penal sum of the sum or value of the thing mentioned in the writ) of good and lawful money current in the said Colony, to be paid to the said Sheriff, or his certain Attorney, executors, administrators, or assigns; for which payment to be well and faithfully made we bind ourselves, and each of us for himself, in the whole, our and every of our heirs, executors, and administrators, firmly by these presents. In witness whereof we have hereunto set our hands and seals this in the Year of our Lord day of
The Condition of this obligation is such that if the above bounden C. D. do appear in person, or by his Attorney, before the Chief Justice of the Supreme Court of our Lady the Queen of the Colony of Hongkong on the day of to answer A. B wherefore (following the statement in the writ of Capias ad respondendum) and also shall stand to, abide, and perform the Judgment of the said Court thereon, or render himself to the prison of the said Court in execution thereof, and shall not remove or withdraw any of his property from and out of the jurisdiction of the said Court, then this obligation to be void, otherwise to remain in full force.
Bail bond to the
Sheriff. Sec. 31.
Condition,
Signed Sealed and Delivered
in the presence of
M. N.
O. P.
C. D. L. M.
(L. S) (L. S.)
SCHEDULE (N°. 3.) Sec. 35.
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 of the Faith, to the Sheriff of the Colony of 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. the sum of Dollars of good and lawful money current in the said Colony which he owes to and
{
Registrar to re- and the said fees shall be received and accounted for by the Registrar of the snid ceive and account Court, and be paid over Quarterly to the Colonial Treasurer for the public uses of the
said Colony.
for fees.
RIGHT TO Sue Ok
133.-And be it further enacted and ordained, That any poor person, before com- DEFEND in forma mencing or defending any action or sunt in the said Court, in his own right, or becom- Pauperis.
ing poor during the progress thereof, may apply to the Court, on motion, for leave to sue or defend as a Pauper, which motion shall be supported by an affidavit of the party so applying, and of two householders living in his neighbourhood, that he is not possessed of property to the amount of Fifty dollars in value, excepting household goods, wearing apparel, tools of trade, and the matter or thing claimed by him in the action or suit, if he be Plaintiff, and thereupon it shall be referred to a Barrister of the said Court, to consider the said case; and upon the party so applying producing a certificate signed by such Barrister, that he has considered the case of the said party, and believes him to have a good cause for action, or defence, as the case may be, it shall be lawful for the said Court, to grant a Rule to the party applying calling upon the opposite party, to show causes why the applicant should not be allowed to sue, or defeud, (as the case may be) in forma pauperis, and unless sufficient cause be shown against the said Rule the same shall be made absolute.
134. And be it further enacted and ordained, That if the party applying to sue or Appointment of Barrister and Attor- defend as a Pauper, in any case not being within the Summary Jurisdiction of the Court, ney to appear for shall also pray that any Barrister, or Attorney consenting thereto, may be appointed to Pauper.
appear for him, the Court will so order; or else will appoint a Barrister and Attorney,
No fees to be taken in pauper causes.
or other persons duly authorised to act as such, to appear for the said party.
135. And be it further enacted and ordained, That no fee shall be taken by any Barrister or Attorney, or Officer of the Court, from any person admitted to sue or defend as a Pauper, for anything done in the conduct of the cause; but if he succeed, and the costs should be awarded to be paid by his opponent, then the Barrister and the Attorney of the said party, and the Officers of Court, shall be entitled to, and shall receive, all such fees, as the Registrar of the Court, shall allow to them on taxation.
When privilege of
136-And be it further enacted and ordained, That any person having been so suing or defending admitted to sue or defend as a Pauper, and becoming of ability during the progress of as a Pauper to ceasc. the cause, or misbehaving himself therein by any vexatious or improper conduct or proceeding, or wilfully delaying the cause, shall on the same being shown to the Court, be deprived of all the privileges of such his admission.
INTERPRETATION
CLAUSE,
137. 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 import- ing the singular number or the masculine gender only is used, the same shall be under- stood 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.
SCHEDULE (N°. 1.) Sec. 31.
Writ of Capias ad Respondendum.
VICTORIA by the Grace of God of the United Kingdom of Great Britain
Writ of Capias
Sec, 31.
and Ireland Queen, Defender of the Faith, to the Sheriff of the Colony of ad Respondendum Hongkong, or his lawful Deputy, Greeting
Street in Victoria, Merchant,
We command you that you take C. D. of
(or as the case may be) if he be found in this Colony, and him safely keep, until hé. shall have given you bail, or made deposit with you according to law, or until the said C. D. shall by other lawful means be discharged from your Custody, so that he appear before our Chief Justice of the Supreme Court of our said Colony at Victoria within eight days after the execution hereof on him, inclusive of the day of such execution, then and there to answer A. B. wherefore he hath not paid to the said A. B. the sum of Dollars of good and lawful money current in the said Colony which he owes to and unjustly detains from him" or "hath not delivered to the said A.B. a certain boat together with its oars furniture &c." or "other moveable thing which the said C. D. unlawfully detains from the said A. B.", or "bath not satisfied the said A. B. his damages, which the said A. B. hath sustained in respect of &c.”, (sinting any wrong or injury committed by the Defendant as the case may be) as it is said;] and in default of such appearance after having given a bail bond, the Plaintiff may proceed against the Sheriff or on the bail bond; and we do further command you, that on execution hereof, you do deliver a copy hereof to the said Defendant; and we do further command you, that immediately after the execution hereof, you do return this writ to our said Supreme Court of Hongkong, together with the manner in which you shall have executed the same and the day of the execution thereof,
Witness The Honorable John Walter Hulme,
Our Chief Justice of our said Colony at Victoria
day of
Year of our Reign.
No. Street Victoria,
G. H.
Plaintiffs Attorney
(or if the Plaintiff sue in person)
A. B. of
Plainti
the
in the
SCHEDULE (N°. 2.) Sec. 31.
Form of Bail-bond.
Dollars (double
KNOW all men by these presents that we C. D. of and L. M. of
are held and firmly bound to Sheriff of the Colony of Hongkong in the penal sum of the sum or value of the thing mentioned in the writ) of good and lawful money current in the said Colony, to be paid to the said Sheriff, or his certain Attorney, executors, administrators, or assigns; for which payment to be well and faithfully made we bind ourselves, and each of us for himself, in the whole, our and every of our heirs, executors, and administrators, firmly by these presents. In witness whereof we have hereunto set our hands and seals this
in the Year of our Lord
day of
The Condition of this obligation is such that if the above bounden C. D. do appear in person, or by his Attorney, before the Chief Justice of the Supreme Court of our Lady the Queen of the Colony of Hongkong on the
day of to answer A. B wherefore (following the statement in the writ of Capias ad respondendum) and also shall stand to, abide, and perform the Judgment of the said Court thereon, or render himself to the prison of the said Court in execution thereof, and shall not remove or withdraw any of his property from and out of the jurisdiction of the said Court, then this obligation to be void, otherwise to remain in full force.
Bail bond to the
Sheriff. Sec. 31.
Condition,
Signed Sealed and Delivered
in the presence of
M. N.
O. P.
C. D. L. M.
(L. S) (L. S.)
SOREDULE (N°. 3.) Sec. 35.
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 of the Faith, to the Sheriff of the Colony of Hongkong, Sec. 35.
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. the sum of
Dollars of good and lawful money current in the said Colony which he owes to and
135
No comments yet.
Private notes are available after approval.