12268-1909-Procedure-to-be-followed-in-the-New-Territories-Small-Debts-Courts — Page 1

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THE HONGKONG GOVERNMENT GAZETTE, AUGUST 6, 1909.

No. 477.

EXECUTIVE COUNCIL.

Rules made by the Governor-in-Council under Section 16 of The New Territories Small Debts Court Ordinance, 1908, (Ordinance No. 22 of 1908), this 25th day of June, 1909,

1. The procedure to be followed in every Small Debts Court constituted under the Small Debts Court Ordinance, 1908, shall be as far as possible identical with the procedure from time to time followed in the Supreme Court in its Summary Jurisdiction.

2. The forms contained in the Schedule to these Rules shall be used in every Small Debts Court in lieu of the forms used in the Supreme Court in its Summary Jurisdiction, and for the purpose of applying the procedure of the Supreme Court in its Summary Juris diction to the Distress Warrant (Form H) such Distress Warrant shall be deemed to be a Writ of Execution.

3. Whenever a party to any proceedings or a witness has been duly summoned to attend before any Magistrate holding a Small Debts Court and has failed without lawful excuse to appear at the time and place specified in the Summons, it shall be lawful for such Magistrate to issue his Warrant (in Form G) to any constable to arrest the person summoned and to bring him before such Magistrate.

4. The following fees shall be paid by the Plaintiff in respect of the matters specified hereunder and the amount of such fees shall be recoverable as a part of any judgment that may be given in the cause:

Fee for issue of summons to defendant (which fee may be dispensed

with at the Magistrate's discretion),........

Fee for issue of distress warrant,

.$1

$1

FORM A.

Plaintiff

of

Defendant

of

Claim

Application Filed on

SCHEDULE OF FORMS.

IN THE SMALL DEBTS Court at

Case No.

Signed

In my presence

Magistrate.

FINDING.

Plaintiff

For

-in the Sum

Defendant

*A

Costs

$

Expenses $

- Total $

Writ of Execution Audit No.

Received the Sum of $

Witness.

"

Plaintiff, or Defendant.

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