697294-1873-Sheriff-s-Ordinance-Draft- — Page 3

4.

Page

THE HONGKONG GOVERNMENT GAZETTE, 4TH JANUARY, 1873.

Schedules may be varied.

"The Stamp Amendment Ordinance, 1868."

Remuneration

Schedule or as near thereto as Circumstances permit, which shall specify the Date and l'articulars of the Act or. Duty to be per- formed, and shall bear a Stamp of the Amount indicated in the said Schedule to be proper for the same.

XIV. The Scale of Stamp Duties and of Allowances for Dis- bursements contained in the Second and Third Schedules to this Ordinance be varied from Time to Time by any Resolution of the Legislative Council to be published in the Gazette.

may

XV. "The Stamp (Amendment) Ordinance, 1868" shall be read as if the Stamp Duties for the Time being in Force under the Provisions hereinbefore contained, were comprised in the Schedule thereof.

XVI. The Sheriff shall receive such yearly Salary or such Sum of Sheriff, &c. of Money by way of Remuneration, to be paid out of the General Revenues of the Colony, as shall from Time to Time be fixed by the Governor with the Advice of the Legislative Council.

XVII. Nothing herein contained, except as is expressly pro- Saving of Jurisdiction of vided, shall be construed to take away, abridge or affect the Juris- diction now exercised by the Supreme Court or the Chief Justice thereof, in Relation to the Sheriff and his Officers.

Supreme Court.

Commence-

ment of Ordinance.

XVIII. This Ordinance shall commence and take Effect on such Day as shall hereafter be fixed by Proclamation under the Hand of the Governor.

THE FIRST SCHEDULE.

(Form of Petition and Affidavit under Sec. VII.)

IN THE SUPREME COURT OF HONGKONG.

A. v. B.

or

In re

The humble Petition of

(Sheriff or Deputy Sheriff of the Colony of Hongkong, or Acting Sheriff appointed under Section VI of "The Sheriff's Ordinance, 1873,") Sheweth :

Your Petitioner therefore humbly prays that this Honorable Court will make such Order or Orders as it shall deem just and reasonable for his Direction and Guidance.

And, &c.

I,

"

the Petitioner named in the above Petition, (or in the Petition hereto annexed) make Oath and say that the several Allegations in the said Petition are true, and that I have no Knowledge of any other Facts which to the best of my Belief are material to the Question before the Court.

Sworn, &c.

THE SECOND SCHEDULE.

Scale of Stamp Duties under Section XI.

For Service of every Summons, Subpoena, Citation, or Order, For every Arrest on Civil Process, ...

.$1.00

2.50

For discharging every Defendant by Desire of Placatiff,

0.50

For releasing Property taken in Execution, at the Desire of Plaintiff, 2.50 For drawing and taking Bail Bond, each Defendant,

L

1.00

For filing Bail Bond,

1.00

For Searching Office for Detainers,

For Assignment of Bail or other Bond,

For receiving Money upon Deposit and paying into Court,. For Return to any Writ of Habeas Corpus, if one Action, For each Action after the first,.........

For every Arrest or Seizure in Execution, 2 per cent on the first $500; and 1 per cent on every $100 or fractional Part thereof above $500.

On Writs of Inquiry.

..... 1.00

2.00

3.00

...................... 1.00

1.00

On Lodging Writ for entering Cause and Warrant for summoning

Jury,

$1.00

Sheriff for presiding,...

5.00

Bailiff Summoning Jury and Attendance in Court,

1.00

Drawing and Engrossing Inquisition, per folio of 72 words,......... 0.50 Returning Inquisition,

1.00

Summons for Attendance of Witness,

0.50

In Replevin.

For Every Replevin Bond, where the Value of the Property

replevined shall not exceed $100,

$2.00

For every $100 or fractional Part thereof above the first $100, Precept to Bailiff,

0.25

1.00

Notice for Service on Defendant,..

0.50

Bailiff summoning Parties and delivering Goods to Tenant,、....... 2.00