ORDINANCES Nos. 11 AND 12 OF 1864.
672
Jury.
["Registrar" as amended by Ordinance No. 24 of 1882.]
Mr. A.B.
Bills of Exchange and Promissory Notes.
SCHEDULE (B.)
SUMMONS TO JURORS.
You are hereby summoned to appear as a juror at the Supreme Court to be holden at in this Colony on the day of next at the hour of o'clock in the forenoon, and there to attend from day to day until you shall be discharged from the Court.
(Signed) C.D., Sheriff.
*
NB.-The penalty for disobedience hereto is any sum not exceeding one hundred dollars.
[All sections remaining unrepealed repealed by Ordinance No. 18 of 1887 except sections 27 and 28 which were subsequently repealed as above noted.]
Title.
Preamble. [See Ord. No. 13 of 1873 s. 84.]
Part of sec. 2 of Ordinance No. 5 of 1856, repealed.
All actions upon bills of exchange, &c., may be by writ of summons as form in schedule (A).
Plaintiff on filing affidavit of personal service may at once sign final judgment as form in schedule (B).
No. 12 of 1864.
An Ordinance to facilitate the Remedies on Bills of Exchange and Promissory Notes by the Prevention of frivolous or fictitious Defences to Actions thereon.
[13th September, 1864.]
WHEREAS it is expedient that the several matters embraced by Ordinance No. 5 of 1856 should be provided for by separate and distinct Ordinances: Be it enacted by His Excellency the Governor of Hongkong, with the advice of the Legislative Council thereof, as follows:-
1. So much of section 2 of Ordinance No. 5 of 1856, as relates to the Imperial Enactment entitled "The Summary Procedure on Bills of Exchange Act, 1855," shall be repealed, except as to the proceedings in any action upon a bill of exchange or promissory note commenced before the passing of this Ordinance.
2. All actions upon bills of exchange or promissory notes commenced within six months after the same shall have become due and payable may be by writ of summons in the special form contained in schedule (A) to this Ordinance annexed and indorsed as therein mentioned, and it shall be lawful for the plaintiff, on filing an affidavit of personal service of such writ within the jurisdiction of the Court, or an order for leave to proceed and a copy of the writ of summons and the indorsements thereon, in case the defendant shall not have obtained leave to appear and have appeared to such writ according to the exigency thereof at once to sign final judgment in the form contained in schedule (B) to this Ordinance annexed, for any sum not exceeding the sum indorsed on the writ, together with interest, at the rate specified (if any) to the date of the judgment, and a sum for costs to be fixed by the Registrar subject to the approval of the Chief Justice, unless the plaintiff claim more than such fixed sum, in which case the costs shall be taxed in the ordinary way, and the plaintiff may upon such judgment issue execution forthwith.
ORDINANCES Nos. 11 AND 12 OF 1864.
672
Jury.
["Registrar" as
amended by
Ordinance No. 24 of 1882.1
Mr. A.B.
Bills of Exchange and Promissory Notes.
SCHEDULE (B.)
SUMMONS TO JURORS.
You are hereby summoned to appear as a juror at the Supreme Court to be holden at in this Colony on the
o'clock in the
day of
next at the hour of forenoon, and there to attend from day to day until you shall be discharged from the Court.
(Signed) C.D.,
Sheriff.
*
NB.-The penalty for disobedience hereto is any sum not exceeding one hundred dollars.
[All sections remaining unrepealed repealed by Ordinance No. 18 of 1887 except sections 27 and 28 which were subsequently repealed as above noted.]
Title.
Preamble. [See Ord. No. 13 Q/ 1873 s. 84.]
Part of sec. 2 of Ordinance No..
5 of 1856, re- pealed.
All actions upon hills of exchange,
&e, may be by writ of stumons as form in
schedule (A).
Plaintiff on fling affidavit of per-
sonal service
nay at once
sign final judg-
ment as form in schedule (B).
No. 12 of 1864.
An Ordinance to facilitate the Remedies on Bills of Exchange and Prom- issory Notes by the Prevention of frivolous or fictitious Defences to Actions thereon.
W
[13th September, 1864.]
HEREAS it is expedient that the several matters embraced by Ordinance No. 5 of 1856 should be provided for by separate and distinct Ordinances: Be it enacted by His Excellency the Governor of Hongkong, with the advice of the Legisla- tive Council thereof, as follows :-
1. So much of section 2 of Ordinance No. 5 of 1856, as relates to the Imperial Enactment entitled "The Summary Procedure on Bills of Exchange Act, 1855," shall be repealed, except as to the proceedings in any action upon a bill of exchange or promissory note commenced before the passing of this Ordinance.
2. All actions upon bills of exchange or promissory notes commenced within six months after the same shall have become due and payable may be by writ of summons in the special form contained in schedule (A) to this Ordinance annexed and indorsed as therein mentioned, and it shall be lawful for the plaintiff, on filing an affidavit of personal service of such writ within the jurisdiction of the Court, or an order for leave to proceed and a copy of the writ of summons and the indorsements thereon, in case the defendant shall not have obtained leave to appear and have appeared to such writ according to the exigency thereof at once to sign final judgment in the form contained in schedule (B) to this Ordinance annexed, for any sum not exceeding the sum indorsed on the writ, together with interest, at the rate specified (if any) to the date of the judgment, and a sum for costs to be fixed by the Registrar subject to the approval of the Chief Justice, unless the plaintiff claim more than such fixed sum, in which case the costs shall be taxed in the ordinary way, and the plaintiff may upon such judgment issue execution forthwith.
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