CO129-124 - Sir MacDonnell - 1867 [8-9] — Page 36

CO129 Colonial Office Hong Kong Records 理藩院香港檔案 All AI Reviewed

understood when Section 16 of The Police and Lighting State Ordinance 1863 is compared with section 44 of the present Ordinance substituted for it: By the former clause it was competent to the Colonial Treasurer to apply to the Court of Summary Jurisdiction for a Summary Warrant against a party making default to whom he was entitled, upon production of an Affidavit, setting forth certain particulars, whereas by Section 44 of the present Ordinance, the Colonial Treasurer is not only placed in the position of an ordinary Suitor in that Court but must satisfy the judge that four days before the entry of the Plaint-application was made at the Dwelling house of the party making default and that a notice of such application having been made was left for him thereat. The former proceeding being too summary and objected to by many as not giving opportunity to dispute liability.

The present provision is open to no such objection I therefore deem it an improvement.

Section 3 makes a substantial alteration in the law but places in a clearer point of view what was intended by Sections 14 and

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29 understood when Section 16 of The Police and Lighting State Ordinance 1863 is compared with section 44 of the present Ordinance substituted for it: By the former clause it was competent to the Colonial Treasurer to apply to the Court of Summary Jurisdiction for a Summary Warrant against a party making default to whom he was entitled, upon production of an Affidavit, setting forth certain particulars, whereas by Section 44 of the present Ordinance, the Colonial Treasurer is not only placed in the position of an ordinary Suitor in that Court but must satisfy the judge that four days before the entry of the Plaint-application was made at the Dwelling house of the party making default and that a notice of such application having been made was left for him thereat. The former proceeding being too summary and objected to by many as not giving opportunity to dispute liability. The present provision is open to no such objection I therefore deem it an improvement. Section 3 makes a substantial alteration in the law but places in a clearer point of view what was intended by Sections 14 and

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29 understood when Section 16 of The Police and Lighting State Orelinance 1863 by the is compared with section 44 present. Ordinance substituted for it : By the former clause it was competent to the Colonial Treasurer to apply to the Court of Summary furistiction for a Summary Warrant against a party making default to was entitled, upon which Wurrant he tto production of an Affidavit, setting forth certain particulars, where us by Section 44 of the present Ordinance, the Colonial Treasurer is not only : placed in the position of an ordinary Suitor in that Court but must sulisfy the judge that four days before the entry of the Flaint- application was made at the Dwelling house. of the party making default und that a notice of such application having been made was left for him thereat . The former proceeding objected to by many being too gave summary and opportunity to dispute limbility - The present provision is open to no such objection I therefore dom it an improvement. Section 3 makes و میں علایم من deem substantial. in in alteration in the law but places تمہیں clearer point of view what was intended by Sections 14 and

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understood when Section 16 of The

Police and Lighting State Orelinance

1863

the

compared with section 44

present. Ordinance substituted

for it : By the former clause it was competent to the Colonial Treasurer

apply to the Court of Summary furistiction for a Summary Warrant against a party making default to was entitled, upon

which Wurrant he

tto

production of an Affidavit, setting forth certain particulars, where us

Section 44 of the present Ordinance, the Colonial Treasurer is not only : placed in the position of an ordinary Suitor in that Court but must

sulisfy the judge that four days

before the entry of the Flaint-

application

was made at the

Dwelling house.

of the party

making default und that a notice of such application having

been made was

left for him

thereat . The former proceeding

objected to by many

being too

gave

summary and opportunity to dispute limbility

The present provision is open to no such objection I therefore dom

it an

improvement.

Section 3 makes

و میں علایم من

deem

substantial.

in in

alteration in the law but places

تمہیں

clearer point of view what

was intended

Sections 14 and

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