19490/13
60
Houphing Jus 21. 1883
Scertary of State folle Colonis
Shornede, Morenal lither
Domment anompanying
24
Writ of Capias od Respon- dendum Sec. 24.
Bail-bond to the Sheriff. Sec. 24.
Condition.
COLONIAL ORDINANCES.
SCHEDULES TO WHICH THIS ORDINANCE REFERS.
No. 1.
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 lie 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 to be at liberty to 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.
G. H.
No.
Street Victoria,
Plaintiff's Attorney
(or if the Plaintiff sue in person)
A. B. of
Plaintiff.
Witness the Honourable John Walter Hulme,
Our Chief Justice of our said Colony at Victoria, the
Day of
in the
No. 2.
Form of Bail-bond.
Year of our Reign,
and L. M. Sheriff of the
KNOW all men by these Presents, that we, C. D. of of
are held and firmly bound to Colony of Hongkong in the penal Sum of
Dollars (Double 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 Adminis- trators, firmly by these Presents.
In Witness whereof we have hereunto set our Hands and Seals this of
in the Year of our Lord
Day
to
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 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.
Signed, Sealed, and Delivered
in the presence of
M. N. 0. P.
C. D. L. M.
(L. S.) (L. S.)
HONGKONG,
ANNO NONO
VICTORIÆ REGINÆ.
No. 2 of 1846.
BY His er-in-Chief of the Colony of Hongkong and its
Y His Excellency Sir JOHN FRANCIS DAVIS, Baronet, Governor
Dependencies, Her Majesty's Plenipotentiary and Chief Superinten- dent of the Trade of British Subjects in China, with the Advice of the Legislative Council of Hongkong.
An Ordinance to amend the Ordinance No. 6 of 1845, entitled "An Ordinance to repeal Ordinance No. 15 of 1844, for the Establish- "ment of a Supreme Court of Judicature at Hongkong, and to substitute
other Provisions in lieu thereof.”
[6th May, 1846.]
WHEREAS it is expedient to amend the said Ordinance No. 6 of 1845, by making Provisions for the saving of all Proceedings and all Suits formerly depending in the Court of Hongkong, the Abolition of which Court is effected by the Second Section of the said Ordinance; as also with Reference to the Fourth Section of the said Ordinance, by limiting the Operation, in this Colony, of the Laws of England and the Practice of the English Courts to such Laws and Practice as existed when a Local Legislature was first conferred on the said Colony: And whereas also it is deemed advisable to reserve to the Legislative Council of the said Island, the Power of Revising and Approving of the Rules and Orders to be made under the Twenty- third Section of the said Ordinance No. 6 of 1845, before the same shall become binding; and to Repeal the Twenty-ninth Section of of the said Ordinance, constituting a Local Court of Error and Appeal :
Title.
Preamble.
I. Be it therefore enacted and ordained by His Excellency the 29th Section of Or- Governor of Hongkong with the Advice of the Legislative Council dinance No. 6 of 1845
repealed. thereof, That from and after the passing of this Ordinance, the said Twenty-ninth Section of the Ordinance No. 6 of 1845 shall be, and is hereby repealed.
II.
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