697492-1873-Sheriff-s-Ordinance- — Page 1

Page 1 THE HONGKONG GOVERNMENT GAZETTE, 15TH FEBRUARY, 1873.

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Excellency adjourns the Council at 5 minutes before 4 o'clock.

A. E. KENNEDY,

Governor.

Read and confirmed, this 11th Day of February, 1873.

L. D'ALMADA E CASTRO,

Clerk of Councils.

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HONGKONG.

ANNO TRICESIMO SEXTO VICTORIA REGINE.

SIR ARTHUR EDWARD KENNEDY, K.C.M.G., C.B., Governor and Commander-in-Chief.

No. 1 OF 1873.

An Ordinance enacted by the Governor of Hongkong, with the Advice of the Legislative Council thereof, to make better Provision for the Appointment and Remuneration of the Sheriff and Deputy Sheriffs of the Colony, and to afford them Relief and Pro- tection in the Execution of their Duties.

[11th February, 1873.]

Title.

WHEREAS it is expedient to make better Provision for the Preamble. Appointment and Remuneration of the Sheriff and Deputy Sheriffs of the Colony, and to afford them Relief and Protection in the Execution of their Duties: Be it enacted by the Governor of Hongkong, with the Advice of the Legislative Council thereof, as follows:-

I. This Ordinance may be cited as "The Sheriff's" Ordinance, Short Title. 1873."

II. In the Interpretation of this Ordinance, unless it be other-Interpretation wise specially provided or there be something in the Context Claase. repugnant to such Interpretation, the Term "Sheriff" shall be deemed to include "every Deputy Sheriff or other Person appointed to act as Sheriff under Section V1," and subject as aforesaid the Term Sheriff shall be read as if those Words had been inserted immediately after the said Term.

III. Sections XII and XIII of Ordinance No. 6 of 1845, and Repealing so much of Rule 50 and of Schedule No. 7 of the General Orders Clause. of the Supreme Court of this Colony, of the 1st of March, 1847,

as relate to Sheriff's Fees, are hereby repealed,

IV. The Governor shall, from Time to Time as Occasion may Appointment require, appoint under his Hand and the Scal of the Colony a fit of sheriff

and Deputies. Person to the Office of Sheriff.

The Governor may, from Time to Time, appoint under his Hand and the Seal of the Colony one or more Deputy Sheriffs.

V. The Sheriff shall execute al! Writs, Summonses, Rules, Duties of Orders, Warrants, Commands, and Processes of the Supreme Sherif. 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 Prisen all such Persous as shall be committed to his Custody.

VI. Whenever the Supreme Court shall direct or ar and Process against any Process against the Sheriff or any Deputy Sheriff, Sheriff or Deputies. shall direct or award any Process in any Cause, Matter, or

[See Wo. 6 of Thing, wherein the Sheriff or any Deputy Sher related to, s. 13.] 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.

Divertion of Conrtriin Cases

VII. The Sheriff may in Cases of Doubt or Dificulty in the Sherifff Execution of his Duties, apply to the Chief Justice by Petition may obtain filed in the Supreme Court, and supported by Affidavit for an Order or Orders for his Direction and Guidance, and the Chief, of Diffienity. 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.

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