715040-1865-RULES-AND-ORDERS-FOR-REGULATING-THE-PRACTICE-OF-THE-COURT-OF-SUMMARY-JURISDICTION-OF-HONGKONG- — Page 2

THE HONGKONG GOVERNMENT GAZETTE, 10TH JUNE, 1865.

IV.

301

The Clerk shall issue all Summonses, Warrants, Precepts and Writs of Execution, and register All Orders and Judgments of the Court, and keep an Account of all Proceedings of the Court, and ll take charge and keep an Account of all Court Fees, payable or paid into Court, and of all Monies paid into and out of Court, and shall enter an Account of all such fees and monies in a Book, belonging to the Court, to be kept by him for that purpose, and every entry in such Book hall have a Number prefixed corresponding with the Number of the Plaint to which the entry

relates.

V.

The Clerk shall issue all Summonses and Warrants to the Bailiff forthwith after the Plaints are entered or Warrants applied for; and, in the case of Summonses shall deliver to the Bailiff the Summons for indorsement as required by Rule XI.

VI.

Whenever Money is paid into or deposited in Court, whether before or after Judgment, an acknowledgment in writing of such payment or deposit shall be given.

VII.

No Clerk or other Officer of the Court, shall, under any circumstances, on account of Suitors, sign any Book, or receive Money or otherwise act as an Agent for that purpose, or shall become Surety in any case where by the practice of the Court, Security is required.

Bailiff's Duties. VIII.

The Bailiff shall attend every Sitting of the Court, unless his absence shall be allowed for reasonable cause by the Judge, and, when he does not attend any Sitting of the Court, the cause of his absence shall be entered by the Clerk on the Minutes of the next succeeding Court.

IX.

The Bailiff shall serve all Summonses and Orders, and execute all Warrants and Writs issued out of the Court, and shall keep a Book, in a form, to be approved by the Clerk, wherein an entry shall be made of all Acts done by him in relation thereto.

X.

The Bailiff shall attend for the purpose of receiving Summonses or the performance of other Duties at the Office of the Clerk at such time or times as the Clerk may deem necessary; and shall compare

and examine the Copy of each Summons delivered to him by the Clerk so as to enable him to prove

its correctness.

XI.

If the service of the Summons has been personal, the Bailiff who served the same shall indorse on the Summons delivered to him by the Clerk the fact and mode of such Service; and if the Service has not been personal he shall indorse on the Summons the Statement which has been made by the Person to whom the Summons was delivered or other circumstances from which it may be inferred that the Service of the Summons has come to the knowledge of the Defendant, and, if the Summons has not been served, the Bailiff shall indorse thereon the fact and the reason of such non-service, and shall deliver it to the Clerk with the List of Summonses mentioned in the next Rule.

XII.

Before the day of holding any Court the Bailiff shall deliver to the Clerk a List of all Sum- monses on Plaints before Judgment, issued to him returnable at such Court, and such return shall state the mode of Service or the cause of non-service of each Summons, and the Bailiff shall, at the same time, deliver to the Clerk all Summonses and Copies that may remain in his hands.

XIII.

Where a Summons has not been served the Bailiff shall, at the time of the making out of the List aforesaid, give notice to the Plaintiff of the fact of such non-service in the Form specified in Schedule 1 to these Orders annexed. When the Plaintiff is a Chinaman a translation of the matter of the notice into the Chinese language shall be indorsed thereon.

XIV.

In the Book required to be kept by Rule IX the Bailiff shall enter every Warrant which he has been required to execute and shall state from time to time therein what he shall have done under each Warrant and if the same be not executed within three days from the day of its delivery to him why it was not executed; and the Bailiff shall, at all reasonable times, give to a Suitor every information that he may reasonably require as to the Execution or Non-execution of any Warrant which has been issued at his instance.

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