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THE HONGKONG GOVERNMENT GAZETTE, 5TH JULY, 1873.

7 of 1862, 8. 23.

Ibid, s. 25.

Ibid, s. 27.

Ibid, s. 24.

See Shanghai

XXXIII. The Court shall appoint one or more Bailiffs who Bailiff. shall execute all Process of the Court in its Summary Jurisdiction, and the Provisions of the Sheriff's Ordinance, 1873, shall apply to every such Bailiff as if he had been expressly included therein.

XXXIV. In the Execution of Orders or Decrees the Bailiff shall, Execution. in the first Instance, if practicable, levy on the Goods, Chattels and Effects of the Defendant, and in the Event of his not being able to find sufficient Goods, Chattels, or Effects of the Defendant and the Defendant failing to point out to his Notice any Property whereon to levy, the Bailiff shall enforce the Order or Decree of the Court by the personal Arrest and Imprisonment of the Defendant as hereinafter is mentioned.

XXXV. Every Defendant who shall be arrested and taken in Imprisonment Execution under the Process of the Court in its Summary Juris- by Process of

exceed Six

diction shall be imprisoned for a Space of Time not exceeding Six Court not to Months, unless before the Expiration thereof, the Order or Decree Months. of the said Court shall have been satisfied: Provided that in Case any Defendant shall be discharged from Prison without having paid the Debt and Costs for which he had been imprisoned, it shall be lawful for the Complainant, at any Time within Three Years after such Order or Decree to take out Fresh Execution against Liability of~ any Estate or Effects which such Defendant may have become after acquired possessed of, or entitled to, until such Order or Decree shall be fully satisfied.

Effects.

XXXVI. No Execution awarded against the Goods of any Execution not Party shall extend to, or be construed to extend to deprive any to prejudice Landlord of the Power vested in such Landlord by an Act passed Landlords. in the Eighth Year of the Reign of Her Majesty Queen Anne, intituled "An Act for the better Security of Rents and to prevent Frauds committed by Tenants," of recovering One Year's Rent by Virtue of and in Pursuance of the said Act.

XXXVII. If any Claim shall be made to, or in respect of any Interpleader. Goods or Chattels taken in Exécution under the Process of Court, or in respect of the Proceeds or Value thereof, by any Landlord for Rent, or by any Person not being the Party against whom such Process has issued, it shall be lawful for the Clerk of the Court, upon Application of the Officer charged with the Execution of such Process, as well before as after any Action brought against such Officer, to issue a Summons calling before the said Court as well the Party issuing such Process as the Party making such Claim, and thereupon the Court shall adjudicate upon such Claim and make such Order between the Parties in respect thereof, and of the Costs of the Proceedings, as to him shall seem Fit, and such Order shall be enforced in like Manner as any Order made in any Action under this Ordinance.

The Code of Civil Procedure.

XXXVIII. The. Provisions of the Code of Civil Procedure shall Application of Rules No. 11. be applied mutatis mutandis to Suits instituted under this Ord- the Code gene-

inance so far as the same can be made applicable thereto, unless rally.

the Court shall in any Case for the avoiding of Delay or in Furtherance of substantial Justice think Fit otherwise to direct and except where the said Provisions may conflict or be incon-

sistent with any special Provisions contained in this Ordinance.

XXXIX. The Provisions of the Code of Civil Procedure shall, Special Appli- subject as aforesaid, apply particularly as to the Matters following: cation of Code.

Foreign Attachment.

Interim Attachment.

Arrest of Absconding Defendants.

The Postponement or Adjournment of Hearing,

The taking of Evidence.

Reference of Matters of Account.

Specific Delivery of Chattels,

Arbitration.

The Allowance of Costs.

The Satisfaction of Judgment by Instalments.

The Maintenance of Prisoners for Debt.

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The Power to fix and vary the Scale of Fees of Court and of

Costs of Attorney and Counsel.

The Making of Rules or Orders.

Transfer of Suits.

XL. In Case the Court shall be of Opinion that a Suit com- Transfer of menced in its Summary Jurisdiction ought to be heard in its Suit to Prin- original Jurisdiction, the Court may order that the Entry of such cipal Register. Suit in the Register of Summary Suits be cancelled therein and transferred therefrom to the Principal Register, notwithstanding that such Suit may be within the Provisions of this Ordinance.

XLI. In Case the Court shall be of Opinion that a Suit Transfer of instituted in the Original Jurisdiction of the Court, ought to have Suit to Sum- been instituted in its Summary Jurisdiction, or in Case the mary Register, Plaintiff's Claim is reduced by Payment, an admitted set-off, or otherwise to a Sum not exceeding Five Hundred Dollars and the Suit is in other respects within the Summary Jurisdiction of the

293

No. of Suit.

Date of Writ.