ORDINANCE No. 1 OF 1873.
Sheriff.
No. 1 of 1873.
An Ordinance to make better Provision for the Appointment and Remuneration of the Sheriff and Deputy Sheriffs of the Colony, and to afford them Relief and Protection in the Execution of their Duties.
[11th February, 1873.]
WHEREAS it is expedient to make better provision for the appointment and remuneration of the Sheriff and Deputy Sheriffs of the Colony, and to afford them relief and protection in the execution of their duties: Be it enacted by the Governor of Hongkong, with the advice of the Legislative Council thereof, as follows:-
1. This Ordinance may be cited as "The Sheriff's Ordinance, 1873.”
2. In the interpretation of this Ordinance, unless it be otherwise specially provided or there be something in the context repugnant to such interpretation, the term "Sheriff" shall be deemed to include "every Deputy Sheriff or other person appointed to act as Sheriff under section 6," and subject as aforesaid the term Sheriff shall be read as if those words had been inserted immediately after the said term.
3. Sections 12 and 13 of Ordinance No. 6 of 1845, and so much of rule 50 and of schedule No. 7 of the General Orders of the Supreme Court of this Colony, of the 1st of March, 1847, as relate to Sheriff's fees, are hereby repealed.
4. The Governor shall, from time to time as occasion may require, appoint under his hand and the seal of the Colony a fit person to the office of Sheriff.
The Governor may, from time to time, appoint under his hand and the seal of the Colony one or more Deputy Sheriffs.
5. The Sheriff shall execute all writs, summonses, rules, orders, warrants, commands, and processes of the Supreme Court, and make a return of the same, together with the manner of the execution thereof, to the said Court, and receive and detain in prison all such persons as shall be committed to his custody.
6. Whenever the Supreme Court shall direct or award any process against the Sheriff or any Deputy Sheriff, or shall direct or award any process in any cause, matter, or thing, wherein the Sheriff or any Deputy Sheriff is related to the parties, or any of them, or by reason of any good cause of challenge, cannot or ought not by law to execute the same, in every such case the Court shall name and appoint some other fit person to execute and return the same, and the said process shall be directed to the person so to be named for that purpose, and the cause of such special proceedings shall be suggested and entered on the records of the Court. And every person so appointed shall for the time being have all the powers and be subject to all the responsibilities attaching to the office of Sheriff.
7. The Sheriff may in cases of doubt or difficulty in the execution of his duties, apply to the Chief Justice by petition filed in the Supreme Court, and supported by affidavit for an order or orders for his direction and guidance, and the Chief Justice shall thereupon make such order or orders, interim, conditional or otherwise, in the matter as may seem just and reasonable. The petition and affidavit shall be in the ...
Title.
1153
Preamble.
Short title.
Interpretation clause.
Repealing clause.
Appointment of Sheriff and Deputies.
Duties of Sheriff.
Process against Sheriff or Deputies. [See No. 6 of 1845, s. 13.] [* The word "is" seems to have been omitted.]
Sheriff may obtain direction of Court in cases of difficulty.
ORDINANCE No. 1 OF 1873.
Sheriff.
No. 1 of 1873.
An Ordinance to make better Provision for the Appointment and Remu- neration of the Sheriff and Deputy Sheriffs of the Colony, and to afford them Relief and Protection in the Execution of their Duties.
[11th February, 1873.] THEREAS it is expedient to make better provision for the appointment and remuneration of the Sheriff and Deputy Sheriffs of the Colony, and to afford them relief and protection in the execution of their duties: Be it enacted by the Governor of Hongkong, with the advice of the Legislative Council thereof, as follows:-
1. This Ordinance may be cited as "The Sheriff's Ordinance, 1873.”
WH
2. In the interpretation of this Ordinance, unless it be otherwise specially provided or there be something in the context repugnant to such interpretation, the term "Sheriff" shall be deemed to include "every Deputy Sheriff or other person appointed to act as Sheriff under section 6," and subject as aforesaid the term Sheriff shall be read as if those words had been inserted immediately after the said term.
3. Sections 12 and 13 of Ordinance No. 6 of 1845, and so much of rule 50 and of schedule No. 7 of the General Orders of the Supreme Court of this Colony, of the 1st of March, 1847, as relate to Sheriff's fees, are hereby repealed.
4. The Governor shall, from time to time as occasion may require, appoint under his hand and the seal of the Colony a fit person to the office of Sheriff.
The Governor may, from time to time, appoint under his hand and the seal of the Colony one or more Deputy Sheriffs.
The Sheriff shall execute all writs, summonses, rules, orders, warrants, com- mands, and processes of the Supreme Court, and make a return of the same, together with the manner of the execution thereof, to the said Court, and receive and detain in prison all such persons as shall be committed to his custody.
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6. Whenever the Supreme Court shall direct or award any process against the Sheriff or any Deputy Sheriff, or shall direct or award any process in any cause, matter, or thing, wherein the Sheriff or any Deputy Sheriff* related to the parties, or any them, or by reason of any good cause of challenge, cannot or ought not by law to execute the same, in every such case the Court shall name and appoint some other fit person to execute and return the same, and the said process shall be directed to the person so to be named for that purpose, and the cause of such special proceedings shall be suggested and entered on the records of the Court. And every person so appointed shall for the time being have all the powers and be subject to all the respon- sibilities attaching to the office of Sheriff.
7. The Sheriff may in cases of doubt or difficulty in the execution of his duties, apply to the Chief Justice by petition filed in the Supreme Court, and supported by affidavit for an order or orders for his direction and guidance, and the Chief Justice shall thereupon make such order or orders, interim, conditional on otherwise, in the matter as may seem just and reasonable. The petition and affidavit shall be in the
Title.
1153
Preamble.
Short title.
Interpretation clause.
Repealing clause.
Appointment of Sheriff and Deputies.
Duties of Sheriff.
Process against Sheriff or Deputies. [See No. 6 of 1845, s. 13.] [* The word "is seems to have
been omitted.]
Sheriff may obtain direction of Court in cases of difficulty.
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