2
217
plying to the said Court and also the execution of write and orders and the allows ance and taxation of costs under this Ordinance as to the Court shall seem ex- pedient and such rules and orders from time to time to revoke or alter as to the Court shall appear to be requisite and all rules and orders so made and prescribed shall be of the same force and effect as if they had been inserted in this present Or. dinance--AND the said Court shall in all cases whatsoever of applications made to or proceedings had or taken before or by authority of the said Court or other- wise under this Ordinance have full power to award or refuse costs the same to be paid by and to such party or parties as the Court shall in each case think fit to order.
JOHN BOWRING.
Passed the Legislative Council of Hongkong, this 19th Day of January, 1855.
L. D'ALMADA È CASTRO,
Clerk of Councils.
SCHEDULE A.
VICTORIA by the Grace of Gon of the United Kingdom of Great Britain and Ireland Queen Defender of the Faith-To the Sheriff of Hongkong and its Dependencies greeting-Whereas A. B. bath lately in the Supreme Court of Hongkong commenced an action at law against C. D. [or against C. D. and E. F.] and the writ of summons (or capias] in the said action has been returned [or has as to the said C. D. been returned] non est inventus and the said A. B. hath caused to be filed in the said Court the affidavit required by the Ordinance of this Island intituled “An Ordinance to provide for and regulate Process in Actions at Law against Persons absent from the Colony." Now we command you that you attach in the hand of G. H. [or G. H. R. M. and I. K. respectively] all and singular the lands hereditaments monies securities for money chattels and other property which the said C. D. is possessed of or entitled to or otherwise beneficially interested in and which are or is in the custody or under the controul of the said G. H. [or G. H. R. M. and I. K. respectively] at the time of your serving the said G. H. [him or them] with this writ and also all and every the sums and sum of money in which the said G. H. is [or the said G. H. R. M. and I. K. or either of them are or is] indebted to the said C. D. at the time of such service-And we further command you that you summon the said G. H. [or the said G. H. R. M. and I. K. and each of them] that be [or they] be and appear before the said Court on the day of
then and there to be examined touching the premises and further to do and receive what the said Court shall then and there consider in this behalf and have you then there this writ.
Witness the Honourable
Justice of the said Court
day of
in the
Our Chief
aforesaid this
year of Our reign.
(Official Seal.)
[Notice to be written under or annexed to the preceding.] TAKE NOTICE that from the time of your being served with this writ all and singular the lands and other hereditaments monies and chattels bills bonds and other property of whatsoever nature in your custody or under your controul belonging to the above-named C. D. or to or in which he is legally or equitably entitled or other- wise beneficially interested and whether solely or jointly with any other person or persons and all debts of every kind due by you to the said C. D. although the same or part thereof may be payable only at a future day are to the extent of the right title and interest of the said C. D. therein attached in your hands and [subject to any bona fide prior claims or liens thereon] are liable to the satisfaction of the above- named A. B. in the above-mentioned action-And if you shall before this Attach- ment is dissolved sell or otherwise knowingly dispose of or part with any such pro- perty or pay over any such debt or any part thereof without the leave of the Supreme Court you will be liable to pay such damages to the said A. B. as the said Court shall in that behalf think fit to order.
To Mr. G. H. [or G. H. R. M. and I. K. severally.]
A. B.
[or L. M. Plaintiff's Attorney.]
In the Supreme Court
Hongkong.
of}
SCHEDULE B.
BETWEEN
A. B. PLAINTIFË
and
C. D. DEFENDANT [or C. D.
E. F, DEFENDANTS.]
WHEREAS an action has been commenced in this Court at the suit of the above- named A. B. against the above-named C. D. [or C. D. and E. F.] to recover [state shortly the cause of action in substance and the amount sworn to if for o sum certain] and it being alleged that the said C. D. does not reside within this Island or its Dependencies a Writ of Foreign Attachment has been issued returnable on the
No comments yet.
Private notes are available after approval.