expedient to retain, shall be collectively numbered to correspond with the entry of the said Case in the Record Book, and shall be transmitted together with (if required) copies of the Writ Book and Record Book duly attested, to such Office or Court as may from time to time be appointed by His Excellency the Governor, there to be safely kept.
Mode of serving Process.
V. Be it further enacted and ordained, That the Person entrusted with the Service of any Summons or other Writ or Process shall make a return in writing of the manner in which he has served or attempted to serve such Summons, which return shall in itself be prima facie proof of the facts it may contain; and if it shall appear to the Sitting Justice that any Defendant or Witness having been duly summoned has neglected to appear, or has wilfully absented or concealed himself so as to avoid being served with the said Summons, or if previous to the issue of such Summons the said Justice shall be satisfied by evidence that it is probable such Defendant or Witness will not attend without being compelled to do so, the said Justice may issue his Warrant to bring before him such Defendant or Witness, or in the absence of the Defendant may, in his discretion, proceed to hear the case ex parte: and the Parties in any proceeding, their Wives, and all other Persons, may be examined on behalf of either the Plaintiff or Defendant; subject to all just exceptions.
Matters may be referred for arbitration.
VI. Be it further enacted and ordained, That in the matters of disputed Partnership accounts, or of disputed accounts between other Parties falling within the proper Jurisdiction of Justices of the Peace, the Sitting Justice may, with the consent of the Parties, refer all matters in dispute to arbitration, and make the award a Decree of the Court, and enforce the same accordingly or the Justice may refer the Examination of the Accounts to any Clerk or Officer of the Court or other Person, to report thereon, and may employ the said Report as a means of arriving at a just conclusion in the case.
Judgment may be against one, though others be jointly liable.
VII. Be it further enacted and ordained, That if any Plaintiff have a Demand against two or more Persons jointly answerable, Judgment may be given against one of those Persons notwithstanding that others may not have been sued or may not be within the Jurisdiction of the Court: but the Person having satisfied such Judgment may recover contribution from any other Person jointly liable: and in case of mis-joinder of Defendants, Judgment may be given against such only as shall appear to be liable.
Validity of judgment not to be affected by variance between the proof and the original plaint.
VIII. Be it further enacted and ordained, That the adjudicating Justice shall in all matters give judgment upon the substantial merits and facts of the case as proved before him, and convict the Defendant of the Offence of which he shall appear to have been guilty, or give judgment for the Plaintiff for the amount appearing to be justly due to him, notwithstanding that the proof may be at variance with the complaint as originally laid: Provided always that reasonable time be allowed sufficient for the Defence and the production of the Defendant's Witnesses.
Declarations may be substituted for testimony in certain cases.
IX. Be it further enacted and ordained, That when there shall exist facility for swearing a Witness to speak the truth, or when the Witness shall have conscientious scruples to bind himself by oath, or it shall not be the custom of his country to give testimony upon oath, the evidence of such Witness shall be receivable without an oath in the same manner, and he shall be liable to the same penalties for Perjury or otherwise as if his evidence were given upon oath and if on the investigation of any case it shall manifestly appear that the Charge or Complaint was maliciously preferred on insufficient grounds, or that any Witness has given wilfully false testimony, it shall be lawful for the Sitting Justice to award compensation not exceeding Ten Pounds to be paid by such Prosecutor or Witness to the person aggrieved, or in his discretion to impose on the said Prosecutor or Witness a Fine not exceeding Ten Pounds, or to award compensation and fine together not exceeding the amount of Ten Pounds.
X. Be it further enacted and ordained, That if a Defendant under examination for a Criminal Offence charge any other Person with being a principal in or an accessory to such Offence, the Sitting Justice may cause such Person to be summoned or brought before him, and if it appear that such Person is really a principal or an accessory, the said Justice may detain such Person for further investigation and commit such Person for trial, though no other evidence be adduced than that of the said Defendant: provided that nothing herein contained shall attach otherwise greater weight to the testimony of such Defendant than it now by law possesses.
Provision for rehearing.
XI. Be it further enacted and ordained, That the adjudicating Justice may at any time reverse or amend his decision or appoint the Case to be reheard by himself or another Justice, should it appear that such Decision was erroneous or unjust.
Passed the Legislative Council of Hongkong, this 17th day of December, 1850.
CHAS. ST GEO. CLEVERLY,
Officiating Clerk of Councils.
WRIT BOOK.
Nature of Process By whom issued Names of Parties to Suit Exigency of Process When returnable, and before what Magistrate or Court How served and Executed Fee taken RemarksRECORD BOOK.
No. of case as recorded Names and Additions of Parties to the Suit Offence or Plaint as suspected, or alleged, or proved Whether Plaintiff proved or evicted or whether Defendant convicted Sentence, Decision, Order made, or other Proceeding Names of Witnesses examined Names of Justice or Justices before whom tried or investigated In what Court or Place proceedings had Under what circumstances Defendant appeared in Court. I under Process, by whom issued Dates of commencement and of Trial or Investigation Date of Sentence or Order, &c. Amount of Fine Whether recovered RemarksPage 238
expedient to retain, shall be collectively numbered to correspond with the entry of the said Case in the Record Book, and shall be transmitted Provision for weekly, together with (if required) copies of the Writ Book and Record Custody of Re-Book duly attested, to such Office or Court as may from time to time be
appointed by His Excellency the Governor, there to be safely kept.
cords.
Mode of serv- ing Process.
V. Be it further enacted and ordained, That the Person entrusted with the Service of any Summons or other Writ or Process shall make a return in writing of the manner in which he has served or attempted to serve such Summons, which return shall in itself be prima facie proof of the facts it may contain; and if it shall appear to the Sitting Justice that any Defendant or Witness having been duly summoned has neglected to appear, or has wilfully absented or concealed himself so as to avoid being served with the said Summons, or if previous to the issue of such Summons the said Justice shall be satisfied by evidence that it is probable such Defendant or Witness will not attend without being compelled to do so, the said Justice Of compelling may issue his Warrant to bring before him such Defendant or Witness, or in the absence of the Defendant may, in his discretion, proceed to bear the case ex parte: and the Parties in any proceeding, their Wives, and all other Persons, may be examined on behalf of either the Plaintiff or Defendant; subject to all just exceptions.
attendance.
Matters Day
arbitration,
VI. Be it further enacted and ordained, That in the matters of be referred for disputed Partnership accounts, or of disputed accounts between other Parties falling within the proper Jurisdiction of Justices of the Peace, the Sitting Justice may, with the consent of the Parties, refer all matters in dispute to arbitration, and make the award a Decree of or to an account- the Court, and enforce the same accordingly or the Justice may refer ant for a Report. the Examination of the Accounts to any Clerk or Officer of the Court or other Person, to report thereon, and may employ the said Report as a means of arriving at a just conclusion in the case.
Judgment may
VII. Be it further enacted and ordained, That if any Plaintiff have be against one, a Demand against two or more Persons jointly answerable, Judgment though others be may be given against one of those Persons notwithstanding that others jointly liable.
may not have been sued or may not be within the Jurisdiction of the Court: but the Person having satisfied such Judgment may recover contribution from any other Person jointly liable: and in case of mis- joinder of Defendants, Judgment may be given against such only as shall appear to be liable.
Validity of judg- VIII. Be it further enacted and ordained, That the adjudicating ment not to be Justice shall in all matters give judgment upon the substantial merits affected by vari- ance between the and facts of the case as proved before him, and convict the Defendant proof and the of the Offence of which he shall appear to have been guilty, or give original plaint. judgment for the Plaintiff for the amount appearing to be justly due to him, notwithstanding that the proof may be at variance with the Defendant to be complaint as originally laid: Provided always that reasonable time be allowed sufficient allowed for the Defence and the production of the Defendant's Wit- time to plead.
nesses.
Declarations may be substitut-no
certain cases.
testimony.
IX. Be it further enacted and ordained, That when there shall exist facility for swearing a Witness to speak the truth, or when the Witness ed for Oaths in shall have conscientious scruples to bind himself by oath, or it shall not be the custom of his country to give testimony upon oath, the evidence of such Witness shall be receivable without an oath in the same manner, and he shall be liable to the same penalties for Perjury or otherwise as if his evidence were given upon oath and if on the investigation of any case it shall manifestly appear that the Charge or Complaint was mali- ciously preferred on insufficient grounds, or that any Witness has given wilfully false testimony, it shall be lawful for the Sitting Justice to award Penalty for false compensation not exceeding Ten Pounds to be paid by such Prosecutor or Witness to the person aggrieved, or in his discretion to impose on the said Prosecutor or Witness a Fine not exceeding Ten Pounds, or to award compensation and fiue not exceeding together the amount of Ten Pounds. X. Be it further enacted and ordained, That if a Defendant under the apprehension examination for a Criminal Offence charge any other Person with being of accomplices.
a principal in or an accessory to such Offence, the Sitting Justice may cause such Person to be sunimoned or brought before him, and if it appear that such Person is really a principal or an accessory, the said Justice may detain such Person for further investigation and commit such Person for trial, though no other evidence be adduced than that of the said Defendant: provided that nothing herein contained shall attach otherwise greater weight to the testimony of such Defendant than it now by law possesses.
Provision for
XI. Be it further enacted and ordained, That the adjudicating Justice may at any time reverse or amend his decision or appoint the Case to be reheard by himself or another Justice, should it appear that such Decision was erroneous or unjust,
Passed the Legislative Council of Hongkong, this 17th day of December, 1850,
CHAS, ST GEO. CLEVERLY,
Officiating Clerk of Councils.
WRIT BOOK.
Texte. ProcRES.
Nature of whom
By
Names of Parties to
Exigency of Process.
innurd
Suil
S. G. BONHAM.
When retur »L» Date of able, and before what Magistrate
ierte.
RECORD BOOK.
or Court.
Justice mayrs
vel'se
or amend
his decision.
and Executed.
Fee
Re-
when
taken. marks.
No. of case us recorded.
Names and Additions
of Parties to the Suit.
Offence or Plaint as
suspected, or alleged, or praved.
er evicted or whether Pipint proved.
Sentence, Decisim, Or- der made, or other Proceeding.
Names of Witnesses examined.
Names of Justice or Justices before whom
tried or investigated.
In what Court or Place proceedings had.
Under what circum-
peared in Court. I under Process, by whom
stances_Defendant
issued.
Dates of commencement
Dale of Trial or Inves
tigation.
Date of Sentence
Order, &c.,
Amount of Finer
Whether
rens fo
....
recovered.
Remarks.
Laithunde facto Clerk of Founcild.
238
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