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THE HONGKONG GOVERNMENT GAZETTE, 10TH JUNE, 1865.
XV.
When the Bailiff shall have received any Moncy by virtue of any Process issuing out of the Court, he shall, as soon as possible after the receipt thereof, pay over the same to the Clerk,
Plaint.
XVI.
On the Application of any Person desirous to bring a Suit, the Clerk shall enter in a Book, to be kept for this purpose, in his Office, a Plaint in writing stating the Names and the last known Ipaces of abode of the parties and the Substance of the Action intended to be brought, every one of which Plaints shall be numbered in every Year according to the Order in which it shall be entered; and thereupon a Summons, stating the Substance of the Action, and bearing the Number of the Plaint on the Margin thereof, shall be issued under the Seal of the Court. When the Defendant is a Chinaman a translation of the Matter of the Summons into the Chinese language shall be indorsed on the Summons.
XVII.
No Misnomer or inaccurate description of any Person or place in any Plaint or Summons shall vitiate the same if the Person or place be therein described so as to be commonly known.
Plaint Note.
XVIII.
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At the time of entering the Plaint the Clerk shall give to the Plaintiff, his Attorney or Agent a Noto under the Seal of the Court according to the Form specified in Schedule 2 to these Orders annexed; and no Money shall be paid out of Court to the Plaintiff, his Attorney or Agent unless on production of such Note, provided that in the event of such Note being lost or destroyed no Money shall be paid to any Person unless it be proved to the satisfaction of the Clerk that the Person applying is the Plaintiff or his Agent authorized in that behalf. When the Plaintiff is a Chinaman a translation of the Matter of the Plaint Note into the Chinese language shall be indorsed
thereon.
Summons to appear to a Plaint. XIX.
The Summons shall be dated of the Day on which the Plaint was entered and the date thereof shall be the commencement of the Suit.
XX.
The words specified in Schedule 3 shall be inserted at the foot of the Summons as it appears in Schedule 2 annexed to Ordinance No. 7 of 1862.
XXI.
Where a Summons has not been served, successive Summonses may be issued without entering a new Plaint unless the Non-service thereof has been caused by the fact of the Defendant's having removed from the address given before the entry of the Plaint, or unless the Plaintiff shall have given a wrong or insufficient address, but if the Bailiff shall ascertain that the Defendant has removed to some other place within the Colony he shall serve the Summons at such other place indorsing on the Copy thereof the new address; and the successive Summons or Summonses shall bear the same date and number as the Suminons first issued, which date and number shall be written in Red Ink in the Clerk's Book and such Summonses shall be a continuance of the first Summons. Service of a Summons to appear to a Plaint. XXII.
The service of the Summons except in the cases hereinafter specially provided for, shall be either personal or by delivering the same to some Person apparently Sixteen Years old at the house or place of dwelling or place of business of the Defendant; but no place of business shall be deemed the place of business of the Defendant, unless he shall be the Master or one of the Masters thereof.
XXIII,
Where the Defendant is living or serving on board of any Ship or Vessel, it shall be sufficient service to deliver the Summons to the Person on board who is, at the time of such service, apparently in charge of such Ship or Vessel.
XXIV.
Where the Defendant is residing or quartered in any Barracks and serving Her Majesty as a Soldier, it shall be sufficient service to deliver the Summons at the Barracks to the Adjutant of the Corps or to any Officer or Serjeant of the Company to which such Soldier belongs,
XXV.
When a Defendant is a Prisoner in a Gaol it shall be sufficient service to deliver the Summon
at the Gaol to the Superintendent or any Person appearing to be the Head Officer in charge thereof
MARIA MARINE JA TUMAN IN AN E
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