192
THE HONGKONG GOVERNMENT GAZETTE, 6TH MAY, 1871.
XLVI. The Costs of Proceedings for Attachment of Debts and Costs in Foreign Attachment, specified in the Third Schedule hereto shall Attachment be paid in Addition to all other Costs payable in the Action out of Cases. which the Proceedings shall arise.
XLVII. The Costs of an Appeal to the Supreme Court under Costs on Section XXIX of the Principal Ordinance shall, as between Party Appeal. and Party, be in Accordance with the Scale provided in that Be- half in the Fourth Schedule to this Ordinance.
Process.
XLVIII. Whenever the Service of Writs of Summons, Subpoenas Expenses of and other Process shall be attended with Expense, the Bailiff of serving the Court shall not (except by Order of the Judge) be bound to effect such Service, unless the reasonable Expenses thereof shall have been previously tendered to him by the Party requiring such Service; and such Expenses shall be Costs in the Cause.
Fees.
XLIX. It shall be lawful for the Judge in Addition to the Power Judge may vested in him by Section XXXIII of the Principai Ordinance, from regulate and Time to Time by any such Order to be approved by the Legis- vary Scale of lative Council, as herein mentioned, to vary the Scale of Court Fees, and Bailiffs' Fees, and the Scale of Fees contained in the Third Schedule to this Ordance.
L. Ir Actions brought by the Colonial Treasurer under Ordi- Costs in nance No. 9 of 1869 or by or against any Public Officer under Crown Suits. Section XXXIV of this Ordinance, the Costs shall be in the Discretion of the Court in the same Manner as in Actions between private Parties, and in every Case in which Costs shall be decreed against the Colonial Treasurer or such other Public Officer, the same shall be paid by the Crown, and upon a Certificate under the Hand of the Judge, or of the Chief Justice, to the Effect that the Sum therein mentioned is payable by the Crown under the Judg- ment of the Court or of the Supreme Court on Appeal, it shall be lawful for the Colonial Treasurer and he is hereby required to satisfy the same out of any public Monies for the Time being in his Custody.
Amount of l'ees.
be deter-
LI. In Case any Question shall arise in relation to the Amount Question as to of Fees payable to any Counsel or Attorney in any Proceeding before the Court, such Question shall be summarily and finally mined by the determined by the Judge.
to
Judge.
LII. The Judge may in all Proceedings instituted in the Court, Security for exercise in his Discre on the like Powers as are vested in the Costs. Supreme Court with respect to Security for Costs, and also with respect to Suits in formâ pauperis.
Miscellaneous.
LIII. This Ordinance and the Principal Ordinance or so much Construction thereof as is not hereby repealed shall be read together and be of Ordinance. construed as if they formed but One Ordinance.
LIV. The Provisions of this Ordinance shall not apply to any Ordinance not Action instituted before the Commencement thereof.
Passed the Legislative Council of Hongkong, this 3rd Day of May, 1871.
L. D'ALMADA E CASTRO,
to be retro- spective.
Clerk of Councils.
To Mr.
FIRST SCHEDULE,
IN THE COURT OF SUMMARY JURISDICTION.
Writ of Foreign Attachment.
Between A. B.
and C. D.
Bailiff and his Assistants.
Plaintiff,
Defendant.
Hongkong You are hereby commanded to attach in the hands of [E. F.] or to Wit. [G. H. I. J. K. respectively] all and singular the Monies, Securities for Money, Chattels, or other Property whatsoever (other than Lands or any Interest therein) to which the above named Defendant is beneficially entitled whether solely or jointly with others and which are or is in the Custody or under the Control of the said [E. F.] or [G. H. I. J. K. respectively] at the time of your serving him [or them] with this Writ and also all Debts due or accruing due from the said [E. F.] or [G. H. I. J. K.] or either of them to the above. named Defendant and you are hereby further commanded to summon the said [E. F.] or [G. H. I. J. K. and each of them] that he [or they] appear before the Court on the
Day of
then and there to be examined touching the Premises, and further to do and receive what the Court shall then and there consider in this Behalf, and have you then there this Writ.
Witness
Judge of the said Court at Victoria the
Day of
L.S.
18
-
By Order of the Judge,
Clerk.
Notice to be written under or endorsed upon or annexed to the Writ,
No comments yet.
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