697492-1873-Sheriff-s-Ordinance- — Page 2

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THE HONGKONG GOVERNMENT GAZETTE, 15тu FEBRUARY, 1873.

Protection to Sheriff, &c., aeting under such Direction.

Proviso.

Costs of Ac-

tions against Sheriff, &c. [See 10 of of 1867, s. 76.]

Limitation of Actions,

VIII. If any Action be brought against the Sheriff for any Act done or omitted to be done by him in Pursuance of any Order made or given under the last proceding Section, the Proof 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 full 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.

IX. Whenever any Action shall be brought against the Sheriff or any of his Bailiffs or Officers, for any Act done or omitted to be done in the Execution of their "Duties, and a Verdict or Judgment shall be given for the Plaintiff in such Action, the Plaintif shall not have. Costs against the Defendant, unless the Judge certifies his Approval of the Action and Verdict, or where the Trial is had without a Jury, of the Action only.

If a Verdict or Judgment is given for the Defendant or the Plaintiff becomes Non-suit or discontinues the Action after Issue jeined or if on Demurrer or otherwise Judgment is given against the Plaintiff, the Defendant shall recover his full Costs 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 Months after the Act of Commission or Omission complained of. Notice, &c., [See 10 of Notice in writing of every such Action and of the Cause thereof 1867, s. 70.] shall be given to the intended Defendant One Month at least

before the Commencement of the Action.

Stamp Duties in lieu of

Sheriff's Fees.

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.

XI. From and after the Commencement of this Ordinance no Fees shall be payable to the Sheriff, but in Lieu thereof the Stamp Duties specified in the Second Schedule to this Ord- 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. Allowances for

XII. Allowances in respect of Disbursements by the Sheriff in Disburse-

the Execution of the Duties of his Office shall be paid in accord- ments.

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.

Instruments

to be void

unless properly stamped.

Proviso.

Schedules may be varied.

"The Stamp Amendment

Ordinance,

1868."

Remuneration

XIII. No Warrant or other Authority in writing addressed to the Sheriff for the Performance of any Act or Duty relating to his Office shall have any Force or Effect, and the Sheriff shall not receive or execute 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 Instru- ment, or for the Performance of such Act or Duty; 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 Schedule or as near thereto as Circumstances permit, which shall specify the Date and l'articulars of the Act or Duty performed or to be performed, and shall bear a Stamp of the Amount indicated in the said Schedule to be proper for the same: Provided always, that nothing herein contained shall render liable to a Stamp Duty any Instrument, or necessitate the Filing of a stamped Voucher for any Act or Duty, in respect of which the Sheriff is not at present entitled to any Fee.

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

XV. "The Stamp (Amendment) Ordinance, 1868" shall be read as if the Stamp Duties for the Time being in Force under the Provisions herein before 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 in Council.

Saving of Jurisdiction of Supreme Court.

Commence- ment of

Ordinance.

XVII. Nothing herein contained, except as is expressly pro- 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.

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

Passed the Legislative Council of Hongkong, this 11th Day of February, 1873.

1. D'ALMADA E Castro,

Clerk of Councils.