Sittings Chambers.
at
Office hours
February, the 15th day of April, the 15th day of July, the 15th day of October, and the 15th day of December, in every year, and shall terminate on the last day of each of such months respectively: Provided, that whenever either of the said days shall happen to commence or end upon a Sunday, the Sessions shall commence on the Monday following, or end on the Saturday preceding : Provided also, that if at any time it shall appear to the said Court necessary or expedient that an additional Criminal Session should be held at any other period, it shall be lawful for the said Court so to hold the same, upon giving reasonable notice thereof.
IV. That parties shall be at liberty to apply to the Chief Justice or other Judge of the said Supreme Court at Chambers for time to plead leave to amend, and such other matters as may be brought before him by any Rule or Order of the said Court; and that the mode of procuring the attendance of any party before the said Chief Justice or other Judge at Chambers, shall be by Summons, to be taken out from the Registrar's Office, which Summons shall state the names and description of the parties, and the object of the attendance, and shall be signed by the Registrar or his Deputy.
V. That the Offices of the said Supreme Court shall be and holidays. open every day during term, between the hours of ten in the morning and four in the afternoon, and out of term, between the hours of ten in the morning and three in the afternoon, except upon Sundays, and the holidays herein- after mentioned, and the Registrar or his Deputy shall be in attendance at such Offices between the hours aforesaid for the issuing of processes, the filing of affidavits, peti- tions, declarations, pleas, answers, and other pleadings, and granting copies thereof, and for doing and performing all other necessary acts, duties, and things in the said offices and the holidays in the said offices shall be New Year's Day, Good Friday, Easter Monday, Her Majesty's Birthday, Ascension day, Whit Monday, the anniversary of Her Majesty's Coronation, and Christmas Day, and the day after.
Commence-
2. PRACTICE AND PLEADING.
VI. That all suits and actions of a common law nature ment of actions. shall be commenced in the said Supreme Court by Sum- mons, or other process in the nature of a writ of Summons; and that at the time of issuing such writ of Summons the plaintiff shall lodge with the Registrar of the Court a short statement or abstract in writing of the cause of action, and the Registrar of the Court or his Deputy shall endorse on the back of such writ of Summons the amount of the debt or damages sought to be recovered, together Warrant to sue. with the sum due for costs; and in every suit or action which shall be hereafter commenced in the said Court, where the Plaintiff shall complain by Attorney, the Attorney of the party complaining shall, before any process is sued out to compel the appearance of any person to answer any complaint or demand, file his warrant or authority to sue, signed by the party complaining or his lawful representative or agent, with the Registrar of the said Court.
Saing out Pro-
CEBA.
VII That all Civil process to be sued out of the said Supreme Court shall be issued by the Registrar thereof (for which the warrant to sue shall be his authority,) and shall be endorsed with the name and address of the Attorney or party sning out the same, and shall be dated on the day on which it is issued, and shall be made returnable by the Sheriff immediately after the service or execution thereof: Provided that no such process shall be sued out by or against the Chief Justice of the said Court, but where any demand or complaint is made by or against the said Chief Justice, the same shall be made and presented by petition to the Governor, or Officer administering the Government of Hongkong, in his Executive Council.
Writ of sum-
cases.
VIH. That the common process of the said Court to compel the appearance of any person to answer any com- mons to appear ordinary plaint or demand in all Civil suits and actions where in there can be no arrest of the Defendant, shall be by writ of summons directed to the Sheriff of the Colony, (except where the said Sheriff is a party, and then to some fit and proper person nominated by the said Court,) requiring the Said Sheriff (or such other person) to command the Defendant, that he render to the Plaintiff the sum or matter in ques- tion, or perform that which the Plaintiff claims or demands from him; and in default thereof, to summon the Defen- dant, that he appear before the said Court within eight days after the service of the said writ, inclusive of the day of such service, to shew cause why he hath not done so, which said writ of summons shall, as near as may be, be in one or other of the forms, according to the nature of the suit or action, in the Schedule hereunto annexed, marked No. 1.
Service
of
IX. That in all cases where by law there can be no arrest of the Defendant, a copy of the writ of summons Process, shall be served, either personally on the said Defendant,
or by leaving the same at his dwelling-house or place of abode, or at his counting-house or place of business.
No service of
X. That no service of any process, order, notice, or proceeding, or any act done in any civil suit or action, civil process on
a Sunday. shall be valid or effectual if performed on a Sunday; and
all process returnable on a Sunday, or upon a holiday, shall be returned on the following day; and any act required to be done by any party in Court, at a time which would otherwise fall on a Sunday or holiday, shall
be valid and effectual if done on the following day.
XI. That the Sheriff of the said Colony shall, upon the Return of pro- return day of all civil process, deliver into the Office of cess to the Re-
the Registrar of the said Court, the said process, together gistrar's office. with a return endorsed thereon, or annexed thereto, of what he has done by virtue thereof; and the Plaintiff or Defendant, or their respective Attorneys, may at any time. have an office copy of the said process and the retura thereto, at the cost of the party applying for the same: and if the said Sheriff shall have taken from any person arrested any money or thing, for, and to the use, and on the behalf of the said I'laintiff, or any bond or obligation, by virtue of any writ of Capias ad Respondendum, then the said Sheriff shall, after the expiration of the time allowed for the Defendant to appear, and in default of appearance, and being thereto required by the Plaintiff or his Attorney, deliver over to the said Plaintiff or his Attorney the said money or thing, or assign to the said Plaintiff such bond or obligation, by an endorsement to be thereon made by the said Sheriff, under his hand, which endorsement shall, as near as may be, be in the form in the Schedule hereunto annexed, marked No. 2.
XII. That the Defendant in any suit or action, upor Appearance whom service of any civil process has been made, or who of defendant to be entered in has been arrested and given bail for his appearance to the Registrar's answer any complaint or demand, shall, within eight days office; after such service or arrest, either by himself or lis Attorney, enter an appearance in a book to be kept for
intends to admit
gainst him.
that purpose by the Registrar of the said Court: Provided except where nevertheless, that any party against whom any writ of the defendant summons or other process may have been issued, in respect the claim a- of any claim or demand against him, may appear personally before the Court and admit the same, and the Registrar, or other officer of the Court, shall thereupon take down in writing such his admission, and the Defendant, or some person by him duly authorized, shall sign the sante, and thereupon the Court sliall forthwith pronounce judgment. XIII. That after the Defendant in any suit or action
Service of &c.,
has entered his appearance by Attorney, service of all Notices,
after the de- future summonses, demands, notices, and other proceedings fendant has ap- in the said suit or action, made upon the said Attorney, peared by At- and in like manner upon the Attorney of the Plaintiff, or forney.
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