84
Appointment of barrister and attorney to appear for pauper,
No fees to be taken in pauper causes.
When privilege of suing or defending as a pauper to cease.
Interpretation clause.
ORDINANCE No. 15 OF 1844.
Supreme Court.
defend, (as the case may be) in formá pauperis, and unless sufficient cause be shown against the said rule the same shall be made absolute.
134. And be it further enacted and ordained, that if the party applying to sue or defend as a pauper, in any case not being within the summary jurisdiction of the Court, shall also pray that any barrister, or attorney consenting thereto, may be appointed to appear for him, the Court will so order; or else will appoint a barrister and attorney, or other persons duly authorized to act as such, to appear for the said party.
135. And be it further enacted and ordained, that no fee shall be taken by any barrister or attorney, or officer of the Court, from any person admitted to sue or defend as a pauper, for anything done in the conduct of the cause; but if he succeed and the costs should be awarded to be paid by his opponent, then the barrister and the attorney of the said party, and the officers of Court, shall be entitled to, and shall receive, all such fees, as the Registrar of the Court shall allow to them on taxation.
136. And be it further enacted and ordained, that any person having been so admitted to sue or defend as a pauper, and becoming of ability during the progress of the cause, or misbehaving himself therein by any vexatious or improper conduct or proceeding, or wilfully delaying the cause, shall on the same being shown to the Court, be deprived of all the privileges of such his admission.
137. And be it further enacted and ordained, that in the construction of this Ordinance wherever in describing any person or party, matter or thing, the word importing the singular number or the masculine gender only is used, the same shall be understood to include and shall be applied to several persons or parties as well as one person or party, and females as well as males, and several matters or things as well as one matter or thing, respectively, unless there be something in the subject or context repugnant to such construction.
Writ of Capias ad Respondendum, Sec. 31.
SCHEDULE (No. 1.) Sec. 31.
Writ of Capias ad Respondendum.
VICTORIA, by the Grace of God of the United Kingdom of Great Britain and Ireland Queen, Defender of the Faith, to the Sheriff of the Colony of Hongkong, or his lawful Deputy, Greeting:
We command you that you take C. D. of Street in Victoria, merchant, (or as the case may be) if he be found in this Colony, and him safely keep, until he shall have given you bail, or made deposit with you according to law, or until the said C. D. shall by other lawful means be discharged from your custody, so that he appear before our Chief Justice of the Supreme Court of our said Colony at Victoria within eight days after the execution hereof on him, inclusive of the day of such execution, then and there to answer A. B. wherefore he hath not ["paid to the said A. B. the sum of dollars of good and lawful money current in the said Colony which he owes to and unjustly detains from him" or "hath not delivered to the said A. B. a certain boat together with its oars furniture &c." or "other movable thing which the said C. D. unlawfully detains from the said A. B.", or "hath not satisfied the said A. B. his damages, which the said A. B. hath sustained in respect
84
Appointment of barrister and attorney to appear for pauper,
No fees to be taken in pauper causes.
When privilege of suing or defending as a pauper to ceasc.
Interpretation clause.
ORDINANCE No. 15 OF 1844.
Supreme Court.
defend, (as the case may be) in formá pauperis, and unless sufficient cause be shown against the said rule the same shall be made absolute.
134. And be it further enacted and ordained, that if the party applying to sue or defend as a pauper, in any case not being within the summary jurisdiction of the Court, shall also pray that any barrister, or attorney consenting thereto, may be appointed to appear for him, the Court will so order; or else will appoint a barrister and attorney, or other persons duly authorized to act as such, to appear for the said
party.
135. And be it further enacted and ordained, that no fee shall be taken by any barrister or attorney, or officer of the Court, from any person admitted to sue or defend as a pauper, for anything done in the conduct of the cause; but if he succeed and the costs should be awarded to be paid by his opponent, then the barrister and the attorney of the said party, and the officers of Court, shall be entitled to, and shall receive, all such fees, as the Registrar of the Court shall allow to them on taxation.
136. And be it further enacted and ordained, that any person having been so admitted to sue or defend as a pauper, and becoming of ability during the progress of the cause, or misbehaving himself therein by any vexatious or improper conduct or proceeding, or wilfully delaying the cause, shall on the same being shown to the Court, be deprived of all the privileges of such his admission.
137. And be it further enacted and ordained, that in the construction of this Ordinance wherever in describing any person or party, matter or thing, the word importing the singular number or the masculine gender only is used, the same shall be understood to include and shall be applied to several persons or parties as well as one person or party, and females as well as males, and several matters or things as well as one matter or thing, respectively, unless there be something in the subject or context repugnant to such construction.
Writ of Capias ad Respondendum, Seo. 31.
SCHEDULE (No. 1.) Sec. 31.
Writ of Capias ad Respondendum.
VICTORIA, by the Grace of God of the United Kingdom of Great Britain and Ireland Queen, Defender of the Faith, to the Sheriff of the Colony of Hongkong, or his lawful Deputy, Greeting:
We command you that you take C. D. of
Street in Victoria, merchant, (or as
the case may be) if he be found in this Colony, and him safely keep, until he shall have given you bail, or made deposit with you according to law, or until the said C. D. shall by other lawful means be discharged from your custody, so that he appear before our Chief Justice of the Supreme Court of our said Colony at Victoria within eight days after the execution hereof on him, inclusive of the day of such execution, then and there to answer A. B. wherefore he hath not ["paid to the said A. B. the sum of dollars of good and lawful money current in the said Colony which he owes
to and unjustly detains from him" or "hath not delivered to the said A. B. a certain boat together with its oars furniture &c." or "other movable thing which the said C. D. unlawfully detains from the said A. B.", or "hath not satisfied the said A. B. his damages, which the said A. B. hath sustained in respect
No comments yet.
Private notes are available after approval.