300
The term "absence."
The Court may make rules and award costs.
ORDINANCE No. 2 of 1855.
Foreign Attachment.
21. And be it enacted and ordained that absence from the Colony shall for the purposes of this Ordinance be taken to be absence for the time being whether the party shall ever have been within this Island or not.
22. And be it enacted and ordained that in all cases in which no provision or no sufficient provision in that behalf is by this Ordinance made it shall be lawful for the said Supreme Court from time to time for the purpose of facilitating or more fully or effectually carrying any or either of the objects of this Ordinance into execution upon any application in a summary way made for that purpose by or on behalf of any person interested in any matter by this Ordinance intended to be provided for or without any such application to make and prescribe all such rules and orders either general or applicable to any particular case only touching any of the matters intended to have been hereby provided for and touching also the manner of proceeding before or applying to the said Court and also the execution of writs and orders and the allowance and taxation of costs under this Ordinance as to the Court shall seem expedient 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 Ordinance. 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 otherwise 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.
SCHEDULE A.
VICTORIA by the Grace of God 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. hath 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 control 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 he [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.)
300
The term "abs- ence.
The Court may make rules and award costs.
ORDINANCE No. 2 or 1855.
Foreign Attachment.
21. And be it enacted and ordained that absence from the Colony shall for the purposes of this Ordinance be taken to be absence for the time being whether the party shall ever have been within this Island or not.
22. And be it enacted and ordained that in all cases in which no provision or no sufficient provision in that behalf is by this Ordinance made it shall be lawful for the said Supreme Court from time to time for the purpose of facilitating or more fully or effec- tually carrying any or either of the objects of this Ordinance into execution upon any application in a summary way made for that purpose by or on behalf of any person interested in any matter by this Ordinance intended to be provided for or without any such application to make and prescribe all such rules and orders either general or ap- plicable to any particular case only touching any of the matters intended to have been hereby provided for and touching also the manner of proceeding before or applying to the said Court and also the execution of writs and orders and the allowance and taxation of costs under this Ordinance as to the Court shall seem expedient 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 Ordinance-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 otherwise 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.
SCHEDULE A.
VICTORIA by the Grace of God 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. hath 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 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. [07" the said G. II. R. M. and I. K. and each of them] that he [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.)
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