697294-1873-Sheriff-s-Ordinance-Draft- — Page 2

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The Hongkong GOVERNMENT GAZETTE, 4TH JANUARY, 1873.

V. The Sheriff shall execute all Writs, Summonses, Rules, Duties of Orders, Warrants, Commands, and Processes of the Supreme Sheriff, Court, and make a Return of the same, together with the Manner of the Execution thereof, to the said Court, and receive and detain in Prison all such Persons as shall be committed to his Custody.

VI. Whenever the Supreme Court shall direct or award Process against any Process against the Sheriff or any Deputy Sheriff, or Sheriff.or shall direct or award any Process in any Cause, Matter, or Deputies. Thing, wherein the Sheriff or any Deputy Sheriff related to 1845, s. 13.]

[See No. 6 of the Parties, or any of them, or by Reason of any good Cause of Challenge, cannot or ought not by Law to execute the same, in every such Case the Court shall name and appoint some other fit Person to. execute and return the same, and the said Process shall be directed to the Person SO to be named for that Purpose, and the Cause of such special Proceedings shall be suggested and entered on the Records of the Court. And every Person so appointed shall for the Time being have all the Powers and be subject to all the Responsibilities attaching to the Office of Sheriff.

Court in Cases

VII. The Sheriff may in Cases of Doubt or Difficulty in the Sheriff, Execution of his Duties, apply to the Chief Justice by Petition may obtain filed in the Supreme Court, and supported by Affidavit for an Direction of Order or Orders for his Direction and Guidance, and the Chief of Difficulty. Justice shall thereupon make such Order or Orders, interim, con- ditional or otherwise, in the Matter as may seem just and reason- able. The Petition and Affidavit shall be in the Form contained in the First Schedule to this Ordinance, or as nearly so as the Circumstances of the Case permit.

such Direction,

VIII. If any Action be brought against the Sheriff for any Protection to Act done or omitted to be done by him in Pursuance of any Sheriff, &c., Order made or given under the last preceding Section, the Proofing under of the Facts stated in the Petition filed and of the Order or Orders made thereon shall be a sufficient Answer to such Action, and the Defendant on such Proof as aforesaid shall be entitled to a Verdict or Judgment in his Favor, and also to his fall Costs of Suit: Provided always that if it shall be shown in any such Action that the Defendant has wilfully misrepresented or suppressed any material Fact in the Petition filed, he shall not be entitled to the Protection of this Section.

Proviso.

IX. Whenever any Action shall be brought against the Costs of Ac- Sheriff or any of his Bailiffs or Officers, for any Act done or tious against omitted to be done in the Execution of their Duties, and a

Sheriff, &c. Verdict or Judgment shall be given for the Plaintiff in such of 1967, s. 76.]

[See 10 of Action, the Plaintiff shall not have Costs against the Defendant, unless the Judge certifies his Approval of the Action and Verdict, or where the Trial is bad without a Jury, of the Action only.

If a Verdict or Judgment is given for the Defendant or the Plaintiff becomes Nun-suit or discontinues the Action after Issue joined or if on Demurrer or otherwise Judgment is given against the Plaintiff, the Defendant shall recover his full Co-ts and shall have the like Remedy for the same as any Defendant has by Law for Costs in other Cases.

X. No such Action shall be brought except within Three Limitation of Months after the Act of Commission or Omission complained of Actions,

Notice in writing of every such Action and of the Cause thereof Notice, &c., shall be given to the intended Defendant One Month at least 1867, s. 76.]

(See 10 of

before the Commencement of the Action.

The Plaintiff shall not recover if Tender of sufficient Amends is made before Action brought or if after Action brought a sufficient Sum of Money is paid into Court by or on behalf of the Defendant,

and the Defendant undertakes to pay Costs when taxed.

ments.

XI. From and after the Commencement of this Ordinance no Stamp Duties Fees shall be payable to the Sheriff, but in Lien thereof the in lieu of Stamp Duties specified in the Second Schedule to this Ord- Sheriff's Fees. inance are hereby imposed and shall be payable by the Parties who but for the Passing of this Ordinance would be liable to the Payment of Sheriff's Fees in respect of the same Matters; and the Sheriff shall be remunerated in Manner hereinafter mentioned.

XII. Allowances in respect of Disbursements by the Sheriff in Allowances for the Execution of the Duties of his Office shall be paid in accord- Disburse- ance with the Scale contained in the Third Schedule to this Ord- inance; and the Party at whose Instance the Sheriff shall execute such Duties, shall be primarily liable to the Payment thereof.

XIII. No Warrant or other Authority in writing for the Per- Instruments formance of any Act or Duty relating to the Office of Sheriff shall to be void

unless properly have any Force or Effect, and the Sheriff shall not receive or exe- stumped. cute or act upon the same unless it shall bear an impressed or adhesive Stamp of the Amount indicated in the Second Schedule to this Ordinance to be proper for such Instrument; and in Cases where the Sheriff shall be called upon to perform any Act or Duty not requiring a Warrant or Authority in writing, he shall file in the Supreme Court a Voucher in the Form contained in the" said