702035-1871-Summary-Trial-in-Supreme-Court--ORDINANCE- — Page 1

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THE HONGKONG GOVERNMENT GAZETTE, 6TH MAY, 1871.

[No. 6 of 1855, 8. 51.]

[No. 6 of 1855, s. 52.]

[No. 6 of 1855,

s. 53.]

HONGKONG.

ANNO TRICESIMO QUARTO

VICTORIA REGINA.

HENRY WASE WHITFEILD, Major-General, and Lieutenant-Governor.

No. 1 or 1871.

An Ordinance enacted by the Governor of Hongkong, with the Advice of the Legislative Council thereof, to amend Ordinance No. 7 of 1862, and to provide for the Suminary Trial of Cases in the Supreme Court.

W

[3rd May, 1871.]

Tide.

HEREAS it is expedient to amend Ordinance No. 7 of Preamble,

1862 and to provide for the Summary Trial of Cases in

the Supreme Court: Be it enacted by the Governor of Hongkong,

with the .dvice of the Legislative Council thereof, as follows:

I. The following Terms and Expressions shall be understood as Interpretation hereinafter defined or explained, unless there be something in the Clause, Subject or Context repugnant to such Definition or Explanation;

that is to say:

The Expression "Principal Ordinance" shall mean Orddi-

nance No. 7 of 1862.

The Terms "Court" and "Judge" shall mean respectively the

Court of Summary Jurisdiction and the Judge thereof. The Expression "Sum in Dispute" shall, in Proceedings under Section XII of the Principal Ordinance, mean the annual Value of the Premises, and in other Proceed- ings, shall mean the Sum sought to be recovered.

II. Sections XVI, XVII and XVIII of the Principal Ordinance Repealing are hereby repealed, subject as to the last mentioned Section to the Clause. Exception hereinafter contained in Section XLV.

III. The Provisions of Section XXXIV of the Principal Ordi- Declaratory as nance are hereby declared to apply to Criminal as well as Civil to Section 34 of

Principal Business, and the hearing and determining of any Cause, Matter, Ordinance, or Thing by the Judge under the said Section, shall be conclusive Evidence of his Power and Authority so to do.

IV. Section IX of Ordinance No. 1 of 1869, is hereby amended Amending by inserting the Words or Criminal" after the Word Civil

in the Ninth Line, and likewise after the Word "Civil” in the Tenth Line thereof.

Appearance of Parties.

Clause.

V. In every Cause or Matter pending before the Court, the Parties to Plaintiff and Defendant if not represented by Attorney or by appear in Attorney and Counsel, as the Case may be, must appear in Person: Person or by

Attorney. Provided always that in Case it shall be proved to the Satisfaction Proviso. of the Judge, that any Plaintiff or Defendant who may not be represented as aforesaid is prevented by some good or sufficient Cause from attending the Court in Person, the Judge may, in his Discretion, permit any Relative, Friend, or Agent of such Plaintiff or Defendant, who shall satisfy the Court that he has Authority in that Behalf, to appear for such Plaintiff or Defendant.

Attachment of Debts.

VI. It shall be lawful for any Creditor who has obtained a Examination Judgment in the Court to apply for an Order that the Judgment of Judginent Debtor should be orally examined before the Court as to any and what Debts are owing to him.

Debtor as to Debts due to him.

Attachment of

VII. It shall be lawful for the Court, upon the ex parte Court may Application of such Judgment Creditor, either before or after sneh order an oral Examination, and upon Afidavit by himself or his Attorney Debts. stating that Judgment had been recovered, and that it is still unsatisfied, and to what Amount, and that any other Person is in- debted to the Judgment Debtor, and is within the Jurisdiction of the Court, to order that all Debts owing or accruing from such third Person (hereinafter called Garnishee) to the Judgment Debtor, shall be attached to answer the Judgment Debt; and by the same, or any subsequent Order, it may be ordered that the Garnishee shall appear before the Court, to shew Canse why he should not pay the Judgment Creditor the Debt due from him to the Judgment Debtor, or so much thereof as may be sufficient to satisfy the Judgment Debt.

VIII. Service of an Order that Debts due or accruing to the Order for Judgment Debtor shall be attached, or Notice thereof to the Attachment to Garnishee, in such Manner as the Court shall direct, shall bind bind Debts. such Debts in his Hands.

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