526 THE HONGKONG GOVERNMENT GAZETTE, 14TH DECEMBER, 1872.
Process against
Sheriff.
IV. Whenever the Supreme Court shall direct or award any Process against the Sheriff, or award any Process in any Cause, [Sec. 13 of No. Matter, or Thing, wherein the Sheriff, on account of his being 6 of 1845.]
related to the Parties, or any of them, or by Reason of any good Cause of Challenge which would be allowed against any Sheriff in England, 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.
Sheriff, &c., may obtain
Direction of Court in Cases
of Difficulty.
Protection to
Sheriff, &c., acting under
such Direction.
Sheriff's Fees
V. Every Sheriff, Deputy Sheriff, or other Person appointed to perform the Office of Sheriff under Section IV may, in Case of Doubt or Difficulty in the Execution of his Duties, apply to the Chief Justice or any Judge of the Supreme Court through the Registrar of the said Court for Directions, and the Chief Justice or such other Judge as aforesaid, shall make such Order and give such Directions in the Matter as may seem just and reasonable.
VI. If any Action be brought against the Sheriff or any Deputy Sheriff or any Person appointed to act as Sheriff under Section IV for any Act done or omitted to be done by him in Pursuance of any such Order or Directions made or given under the last preceding Section, the Proof of such Order or Directions shall be a sufficient Answer to such Action, and the Defendant on such Proof as aforesaid shall be entitled to a Verdict in his Favor, and also to his full Costs of Suit.
VII. From and after the Commencement of this Ordinance, the to be paid into Sheriff, Deputy Sheriffs, and all Persons appointed to perform the the Treasury. Office of Sheriff under Section IV shall forthwith pay into the Colonial Treasury to the Use of the Crown all Fees which they shall Remuneration receive by virtue of their Office, and for the Execution of their of sheriff, &c. Duties, and in lieu thereof, they shall receive such yearly Salary, or such Sum 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.
Title.
Preamble.
Short Title.
"Consular Officer."
Statement of Objects and Reasons.
This Ordinance is introduced to carry into effect a formal Resolution passed at a recent Meeting of the Legislative Council, whereby the expe- diency of making the Sheriff's office a salaried one, instead of one depend- ant for its remuneration upon Fees, was formally declared.
The Ordinance, at the same time, amends in certain other respects and consolidates the Law relating to the office of Sheriff in this Colony.
That office is one of great responsibility, and it can scarcely be expected that unprofessional persons will risk for a moderate salary the liabilities attaching to the post.
Therefore, by Section V it is provided that in cases of doubt or difficulty, the Sheriff may apply to the Court for directions, and that he shall not be liable for any act of commission or omission so long as the same is in accord- auce with the directions so received.
The whole of the enactments relating to the Law of Sheriff in this Colony will be found comprised in this Ordinance.
JULIAN PAUNCEFOTE, Attorney General.
An Ordinance enacted by the Governor of Hongkong, with the Advice of the Legislative Council thereof, for the temporary Detention of certain Foreign Offenders.
Foreig
$
1872.] WChina and Japan who have been accused or convicted of THEREAS Subjects of Foreign Governments resorting to
Crimes committed there, are frequently brought within this Colony in the course of their Transmission to their respective Countries for Trial or Punishment on such Charges or Convictions, and it is expedient to provide for the temporary Detention and Custody, within the Colony, of such Offenders pending the necessary Arrangements for their Transmission as aforesaid: 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 Foreign Offenders Detention Ordinance, 1872."
Interpretation. II. In the Interpretation of this Ordinance, the Term "Consular Officer" includes a Consul General, Consul, Vice-Consul, Consular Agent, and any Person for the Time being discharging the Duties of Consul General, Consul, Vice-Consul, or Consular Agent. "Superintend- The Term "Superintendent of the Gaol" includes the Superin- ent of Gaol." tendent of Victoria Gaol or the Keeper of any Prison or Place of
Custody for Criminals within this Colony.
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