Directory_and_Chronicle_1868 — Page 560

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SUMMARY JURISDICTION COURT—HONGKONG.

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IX.-The bailiff shall serve all summonses and orders, and execute all warrants and writs issued out of the court, and shall keep a book, in a form, to be approved by the clerk, wherein an entry shall be made of all acts done by him in relation thereto.

X.-The bailiff shall attend for the purpose of receiving summonses or the perfom- ance of other duties at the office of the clerk at such time or times as the clerk may deem necessary; and shall compare and examine the copy of each summons delivered to him by the clerk so as to enable him to prove its correctness.

XI. If the service of the summons has been personal, the bailiff who served the same shall indorse on the summons delivered to him by the clerk the fact and mode of such service; and if the service has not been personal he shall indorse on the summons the statement which has been made by the person to whom the summons was delivered, or other circumstances from which it may be inferred that the service of the summons bas come to the knowledge of the defendant, and, if the summons has not been served the bailiff shall indorse thereon the fact and the reason of such non-service, and shall deliver it to the clerk with the list of summonses mentioned in the next rule.

XII. Before the day of holding any court the bailiff shall deliver to the clerk a hist of all summonses on plaints before judgment, issued to him returnable at such court, and such return shall state the mode of service or the cause of non-service of each summons, and the bailiff shall, at the same time, deliver to the clerk all summonses and copies that may remain in his hands.

XIII.-Where a summons has not been served the bailiff shall, at the time of the making out of the list aforesaid, give notice to the plaintiff of the fact of such non-service- in the form specified in Schedule 1, to these orders annexed. When the plaintiff is a Chinaman, a translation of the matter of the notice into the Chinese language shall be indorsed thereon.

XIV. In the book required to be kept by rule IX, the bailiff shall enter every warrant which he has been required to execute and shall state from time to time therein what he shall have done under each warrant, and if the same be not executed within three- days from the day of its delivery to him, why it was not executed; and the bailiff shall, at all reasonable times, give to a suitor every information that he may reasonably require as to the execution or non-execution of any warrant which has been issued at his instance..

XV. When the bailiff shall have received any money by virtue of any process issuing out of the court, he shall, as soon as possible after the receipt thereof, pay over the same to the clerk.

Plaint.

XVI.--On the application of any person desirous to bring a suit, the clerk sha enter in a book, to be kept for this purpose, in his office, a plaint in writing, stating the names and the last known places of abode of the parties and the substance of the action intended to be brought, every one of which plaints shall be numbered in every year according to the order in which it shall be entered; and thereupon a summons, stating- the substance of the action, and bearing the number of the plaint on the margin thereof, shall be issued under the seal of the court. When the defendant is a Chinaman a trans- lation of the matter of the summons into the Chinese language shall be indorsed on the

summons.

XVII. No misnomer or inaccurate description of any person or place in any plaint: or summons shall vitiate the same if the person or place be therein described so as to be commonly known.

Plaint Note.

XVIII-At the time of entering the plaint the clerk shall give to the plaintiff, his attorney or agent, a note under the seal of the court according to the form specified in Schedule 2, to these orders annexed; and no money shall be paid out of court to the plaintiff, his attorney or agent unless on production of such note, provided that in the event of such note being lost or destroyed no money shall be paid to any person unless it be proved, to the satisfaction of the clerk, that the person applying is the plaintiff or his agent authorized in that behalf. When the plaintiff is a Chinaman a translation of the matter of the plaint note into the Chinese language shall be indorsed thereon.

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