727137-1853-Diplomatic-Department- — Page 1

No. 5,

THE

ET MON:

Hongkong

GOVERNMENT GAZETTE.

EXTRA.

Published by Authority.

VICTORIA, HONGKONG; SATURDAY, OCTOBER 22, 1853.

Diplomatic Department.

Her Majesty's Chief Superintendent of the Trade of British Subjects in China, is pleased to direct the publication for general information of the subjoined Rules of Practice to be observed in Judicial Proceedings, had before the Chief Superintendent or Her Majesty's Consuls, and of the accompanying Scale of Fees, both which have been established in conformity with the Provisions of Article XXXVH of Her Majesty's Order in Council of the 13th day of June, 1853.

By Order,

W. H. MEDHURST,

Superintendency of Trade, Victoria, Hongkong,

Officiating Secretary to H. B. M.'s Plenipotentiary, &c. sr 20th October, 1853.

RULES OF PRACTICE TO BE OBSERVED IN JUDICIAL PROCEEDINGS BEFORE HER MA- JESTY'S CONSULS IN CHINA, MADE IN CONFORMITY WITH THE PROVISIONS OF ARTICLE XXXVII. OF HER MAJESTY'S ORDER IN COUNCIL OF THE 13TH JUNE, 1853.

Forms.

I. The Forms of Writs used shall be those in Schedule A annexed to these Rules.

II. The Fees taken shall be those in Schedule B, annexed to these Rules.

Fees

III. The Consul shall exhibit in his Office, in a conspicuous place, the Schedule of Table of Fees and patior Fees, and a Notice of the Hours during which business is transacted.

fitours of Business to as exhibited.

IV. As far as may be practicable, the Consul shall conform his decisions to the principles of English Law, as distinguished from its practice.

Decisions to comporta 1 English Laws,

Issue of Writs to

V. At each Consular Office, shall be kept a Book, in the Form No. 1, of the Schedule 4 annexed to these Rules, to be called the Writ Book, which shall contain be recorded. an Abstract of all Writs issued by the Consul; and the issue of the Summons (Form Nos. 2 and 2a) or Warrant, (Form No. 3) and entry of such Abstract, consequent upon the viva voce statement of the Plaintiff, may be the commencement of the cause; or should the Defendant appear otherwise than by Summons or Warrant, this appearance may be the commencement of the cause: but the Consul may in his dis- cretion refuse to issue a Summons or Warrant, until the Plaintiff has subscribed a written complaint (Form No. 4); and, in a Civil Suit, until the Plaintiff has lodged a Memorandum of Particulars, containing full details of his claim.

VI. Every Writ must, if practicable, be served Personally on the Party named in it; if this be impracticable, it may be left at his last usual Place of Abode, or of business, or be affixed to a conspicuous part of such Place.

Service of Writs

Mode of retura

VII. The Person entrusted with the service of a Summons or other Writ shall make a Return in writing (Form No. 2 at foot) of the mode in which he has served, or ing Writs. attempted to serve it, which Return shall primú facie, be proof of the facts it purports

to contain.

Compulsory Pro

VIII. If it appear to the Consul that any Defendant or Witness has been duly sum- moned (Form No. 5) and neglects to appear, or wilfully avoids service of the Writ, cess on Defendaur- or, if, previous to the issue of a Summons, the Consul be satisfied that it is probable

and Witnesses.