1901_CODE_OF_CIVIL_PROCEDURE — Page 141

HK Historical Laws 香港歷史法例 All AI Reviewed

792

Powers of certain officers of the administer

No. 3. THE ORDINANCES OF HONGKONG (A.D. 1901)

703. Every person who, being an officer of or performing duties relating to the Court, is for the time being so authorized by the Court to by or in pursuance of any rules or orders regulating the procedure of the Court, and every person who is directed to take an examination in a cause or matter in the Court, shall have authority to administer any oath or take any affidavit required for any purpose connected with his duties oaths.

c. 10 s. 2.

Application

Attachment.

704. No writ of attachment shall be issued without the leave of the Court, to be applied for on notice to the party against whom the attachment is to be issued.

O.44 r. 2.

Effect of writ of attachment.

♫. r. 1.

Limited privilege of judicial officer from arrest. Indian Code, s. 642.

Saving of certain provisions of 8 & 9 Will 3 c. 11.

Ord. No. 6 of 1855 s. 31.

General mode of publishing notice.

H. K. Code, s. 97.

Use of forms. Schedule. Ib. s. 98.

99/1z

705. A writ of attachment shall have the same effect as a writ of attachment issued out of the Court in its equity jurisdiction formerly had.

706. No Judge, Magistrate, or other judicial officer shall be liable to arrest under civil process while going to, presiding in, or returning from his Court.

Saving.

707. Nothing in this Code shall affect the provisions of the Act of Parliament 8 & 9 William III, Chapter 11, entitled "An Act for the better preventing Frivolous and Vexatious Suits," as to the assignment or suggestion of breaches or as to judgment for a penalty as a security for damages in respect of further breaches.

Publication of Notices.

708. In any case in which the publication of any notice is required under the provisions of this Code, the same may be made by advertisement in The Gazette, unless otherwise provided by this Code or otherwise ordered by the Court.

Forms.

709.-(1.) The forms contained in the Schedule to this Code may be used in the cases to which they respectively have reference, with such variations and additions as the circumstances of the particular case may require, and shall, as regards the form thereof, be valid and sufficient.

(2.) The Chief Justice may from time to time alter the said forms or any of them or substitute other forms for them or any of them; and every such altered or substituted form shall be published in The Gazette.

(3.) So far as the said forms may be incomplete, all forms at present in use in the Court, with such variations and additions as the circumstances of the particular case may require, may be used for the purpose.

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792 Powers of certain officers of the administer No. 3. THE ORDINANCES OF HONGKONG (A.D. 1901) 703. Every person who, being an officer of or performing duties relating to the Court, is for the time being so authorized by the Court to by or in pursuance of any rules or orders regulating the procedure of the Court, and every person who is directed to take an examination in a cause or matter in the Court, shall have authority to administer any oath or take any affidavit required for any purpose connected with his duties oaths. c. 10 s. 2. Application Attachment. 704. No writ of attachment shall be issued without the leave of the Court, to be applied for on notice to the party against whom the attachment is to be issued. O.44 r. 2. Effect of writ of attachment. ♫. r. 1. Limited privilege of judicial officer from arrest. Indian Code, s. 642. Saving of certain provisions of 8 & 9 Will 3 c. 11. Ord. No. 6 of 1855 s. 31. General mode of publishing notice. H. K. Code, s. 97. Use of forms. Schedule. Ib. s. 98. 99/1z 705. A writ of attachment shall have the same effect as a writ of attachment issued out of the Court in its equity jurisdiction formerly had. 706. No Judge, Magistrate, or other judicial officer shall be liable to arrest under civil process while going to, presiding in, or returning from his Court. Saving. 707. Nothing in this Code shall affect the provisions of the Act of Parliament 8 & 9 William III, Chapter 11, entitled "An Act for the better preventing Frivolous and Vexatious Suits," as to the assignment or suggestion of breaches or as to judgment for a penalty as a security for damages in respect of further breaches. Publication of Notices. 708. In any case in which the publication of any notice is required under the provisions of this Code, the same may be made by advertisement in The Gazette, unless otherwise provided by this Code or otherwise ordered by the Court. Forms. 709.-(1.) The forms contained in the Schedule to this Code may be used in the cases to which they respectively have reference, with such variations and additions as the circumstances of the particular case may require, and shall, as regards the form thereof, be valid and sufficient. (2.) The Chief Justice may from time to time alter the said forms or any of them or substitute other forms for them or any of them; and every such altered or substituted form shall be published in The Gazette. (3.) So far as the said forms may be incomplete, all forms at present in use in the Court, with such variations and additions as the circumstances of the particular case may require, may be used for the purpose.
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792 Powers of certain of- ficers of the administer No. 3. THE ORDINANCES OF HONGKONG (A.D. 1901 : 703. Every person who, being an officer of or performing duties relation to the Court, is for the time being so authorized by the Court Court, etc., to by or in pursuance of any rules or orders regulating the procedure of th Court, and every person who is directed to take an examination in an cause or matter in the Court, shall have authority to administer any oath or take any affidavit required for any purpose connected with his duties oaths. c. 10 s. 2. Application Attachment. 704. No writ of attachment shall be issued without the leave of the issue writ of Court, to be applied for on notice to the party against whom the attach for leave to attachment. 0.44 r. 2. Effect of writ of attach- ment. ♫. r. 1. Limited privilege of judicial officer from arrest. Indian Code, B. 642. Saving of certain pro- visions of 8 & 9 Will 3 c. 11. Ord. No. 6 of 1855 g. 81. General mode of publishing notice. H. K. Code, 8.97. Use of forms. Schedule. Ib. 8. 98. 99/iz ment is to be issued.. 705. A writ of attachment shall have the same effect as a writ of at. tachment issued out of the Court in its equity jurisdiction formerly had 706. No Judge, Magistrate, or other judicial officer shall be liable to arrest under civil process while going to, presiding in, or returning from his Court. Saving. 707. Nothing in this Code shall affect the provisions of the Act of Parliament 8 & 9 William III, Chapter 11, entitled "An Act for the better preventing Frivolous and Vexatious Suits," as to the assignment or suggestion of breaches or as to judgment for a penalty as a security for damages in respect of further breaches. Publication of Notices. 708. In any case in which the publication of any notice is required under the provisions of this Code, the same may be made by advertise ment in The Gazette, unless otherwise provided by this Code or otherwise ordered by the Court. Forms. 709.-(1.) The forms contained in the Schedule to this Code may be used in the cases to which they respectively have reference, with such variations and additions as the circumstances of the particular case may require, and shall, as regards the form thereof, be valid and sufficient. (2.) The Chief Justice may from time to time alter the said forms or any of them or substitute other forms for them or any of them; and every such altered or substituted form shall be published in The Gazette (3.) So far as the said forms may be incomplete, all forms at present in use in the Court, with such variations and additions as the circum stances of the particular case may require, may be used for the purpose
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792

Powers of certain of-

ficers of the

administer

No. 3. THE ORDINANCES OF HONGKONG (A.D. 1901

:

703. Every person who, being an officer of or performing duties relation to the Court, is for the time being so authorized by the Court

Court, etc., to by or in pursuance of any rules or orders regulating the procedure of th Court, and every person who is directed to take an examination in an cause or matter in the Court, shall have authority to administer any oath or take

any affidavit required for any purpose connected with his duties

oaths.

c. 10 s. 2.

Application

Attachment.

704. No writ of attachment shall be issued without the leave of the issue writ of Court, to be applied for on notice to the party against whom the attach

for leave to

attachment.

0.44 r. 2.

Effect of writ of attach-

ment.

♫. r. 1.

Limited privilege of

judicial officer from arrest. Indian Code, B. 642.

Saving of certain pro- visions of 8 & 9 Will 3 c. 11.

Ord. No. 6 of 1855 g. 81.

General mode of publishing notice.

H. K. Code, 8.97.

Use of forms. Schedule. Ib. 8. 98.

99/iz

ment is to be issued..

705. A writ of attachment shall have the same effect as a writ of at. tachment issued out of the Court in its equity jurisdiction formerly had

706. No Judge, Magistrate, or other judicial officer shall be liable to arrest under civil process while going to, presiding in, or returning from his Court.

Saving.

707. Nothing in this Code shall affect the provisions of the Act of Parliament 8 & 9 William III, Chapter 11, entitled "An Act for the better preventing Frivolous and Vexatious Suits," as to the assignment or suggestion of breaches or as to judgment for a penalty as a security for damages in respect of further breaches.

Publication of Notices.

708. In any case in which the publication of any notice is required under the provisions of this Code, the same may be made by advertise ment in The Gazette, unless otherwise provided by this Code or otherwise ordered by the Court.

Forms.

709.-(1.) The forms contained in the Schedule to this Code may be used in the cases to which they respectively have reference, with such variations and additions as the circumstances of the particular case may require, and shall, as regards the form thereof, be valid and sufficient.

(2.) The Chief Justice may from time to time alter the said forms or any of them or substitute other forms for them or any of them; and every such altered or substituted form shall be published in The Gazette

(3.) So far as the said forms may be incomplete, all forms at present in use in the Court, with such variations and additions as the circum stances of the particular case may require, may be used for the purpose

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