715040-1865-RULES-AND-ORDERS-FOR-REGULATING-THE-PRACTICE-OF-THE-COURT-OF-SUMMARY-JURISDICTION-OF-HONGKONG- — Page 8

THE HONGKONG GOVERNMENT GAZETTE, 10TH JUNE, 1865.

LXVI.

307

The Forms applicable to the provisions of the two last Rules are contained in Schedules 10 to 14 clusive, and shall be used with such variations as the circumstances of each case may require.

Security. LXVII.

In all cases where a party proposes to give a bond by way of security, he shall serve, on the pposite party and the Clerk of the Court at his office, notice of the proposed sureties in the Form set rth in Schedule 15. And the Clerk shall forthwith give notice to both parties of the day and hour which he proposes that the bond shall be executed and shall state in the notice to the obligee that should he have any valid objection to make to the suretie, or either of them, that it must then be made.

LXVIII.

The sureties shall make an affidavit of their sufficiency before the Clerk of the Court in the form in Schedule 16, unless the opposite party shall dispense with such affidavit.

LXIX.

The bond shall be executed in the presence of the Clerk of the Court, but it shall not be necessary for it to be attested.

LXX.

Where a party makes a deposit in lieu of giving a bond he shall forthwith give notice to the opposite party by post or otherwise of such deposit having been made.

LXXI.

In all cases where the security is by bond, the bond shall be deposited with the Clerk of the Court until the cause be finally disposed of.

Appeal. LXXII.

The party dissatisfied with the Judgment of the Court may prosecute his appeal against such Judgment provided that such party shall within ten days after the pronouncing thereof:

(1.). Obtain the consent of the Judge to such appeal,

(2.) Give notice thereof to the opposite party, and

(3.) Give security to be approved by the Clerk of the Court for the costs of the appeal, whatever be the event of the appeal, and for the amount of the judgment, if he be the Defendant, and the appeal be dismissed.

LXXIII.

The ten days referred to in the last Rule shall be reckoned exclusive of the day on which judgment was pronounced.

LXXIV.

The consent of the Judge to an appeal will not, in any case, be given, unless the unsuccessful party be dissatisfied with the decision of the Court in point of law or upon the admission or rejection of evidence.

LXXV.

The appealing party upon obtaining the consent of the Judge shall give notice thereof to the successful party and to the Clerk of the Court.

LXXVI.

If Execution shall have issued before an appealing party shall have fulfilled the conditions of Rule LXXII the Clerk of the Court shall, if the conditions are subsequently complied with, give notice thereof to the Bailiff and proceedings on such Execution shall forthwith be stayed.

LXXVII.

The appeal shall be in the form of a case agreed on by both parties or their Attornies, and if they cannot agree

the Judge upon being applied to by them or their Attornies shall settle the same.

LXXVIII.

All cases on appeal shall, unless the Judge shall otherwise order, be presented to him for signature at the Court holden next after the Expiration of twelve clear days from the day on which judgment was pronounced and shall then be signed by the Judge, and be sealed with the seal of the Court; and when signed and sealed one copy thereof shall be deposited with the Clerk of the Court, and another sent by the appellant to the successful party whilst a third copy shall immediately after the time of signing and sealing the same be delivered by the appellant to the Registrar of the Supreme Court, in default whereof the successful party may proceed on the judgment and shall on application to the Court be entitled to such costs as he shall have incurred in consequence of the appellant's proceedings.