1937_NEW_TERRITORIES_REGULATION_ORDINANCE__1910 — Page 20

HK Historical Laws 香港歷史法例 All AI Reviewed

NEW TERRITORIES REGULATION. No. 34 of 1910.

1185

magistrate shall entertain the action of such plaintiff, and in case any order is made in his favour the same shall be expressed to be, and shall be, in full discharge of the whole cause of action.

62. It shall be lawful for the magistrate before whom a claim under this Part is heard to appoint any fit person to execute any process of the court in respect of such claim.

Appointment of person to execute process.

63. Any goods or chattels seized under a distress warrant issued by the authority of a magistrate in respect of any claim under this Part may be sold by the bailiff or other officer executing such warrant at or near the place of seizure of such goods.

Goods seized may be sold at or near place of seizure.

64. Where a claim is made to or in respect of property taken in execution under this Part by any person other than the party against whom such execution issued, such claim shall be heard and determined by the magistrate upon a summons calling before him as well such claimant as the party on whose behalf such execution issued, and the decision upon such claim shall be final.

Claims in respect of property seized.

65. No action or proceeding for sums not exceeding two hundred dollars which might be brought under this Part before a magistrate shall be brought in the summary jurisdiction of the Supreme Court unless by the leave of the magistrate or with the consent of the defendant.

Exclusive jurisdiction.

[s. 66, rep. No. 12 of 1912.]

67. No action or proceeding against any officer of the Government in his official capacity shall be brought under this Ordinance unless with the consent of the Attorney General.

No action against officer of Government without consent.

68. Any magistrate holding a court under this Part, if in his opinion any action or matter brought before him is of sufficient importance to be dealt with by the Supreme Court, may decline to proceed with the same and in such event the plaintiff may thereafter institute proceedings in the Supreme Court as if no proceedings had been taken under this Part.

Provision as to Supreme Court.

69. No legal practitioner shall be entitled to appear on behalf of any party in any action or matter pending before a magistrate under this Part except by special permission of such magistrate.

Exclusion of legal practitioners.

* As amended by Law Rev. Ord., 1939.

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NEW TERRITORIES REGULATION. No. 34 of 1910. 1185 magistrate shall entertain the action of such plaintiff, and in case any order is made in his favour the same shall be expressed to be, and shall be, in full discharge of the whole cause of action. 62. It shall be lawful for the magistrate before whom a claim under this Part is heard to appoint any fit person to execute any process of the court in respect of such claim. Appointment of person to execute process. 63. Any goods or chattels seized under a distress warrant issued by the authority of a magistrate in respect of any claim under this Part may be sold by the bailiff or other officer executing such warrant at or near the place of seizure of such goods. Goods seized may be sold at or near place of seizure. 64. Where a claim is made to or in respect of property taken in execution under this Part by any person other than the party against whom such execution issued, such claim shall be heard and determined by the magistrate upon a summons calling before him as well such claimant as the party on whose behalf such execution issued, and the decision upon such claim shall be final. Claims in respect of property seized. 65. No action or proceeding for sums not exceeding two hundred dollars which might be brought under this Part before a magistrate shall be brought in the summary jurisdiction of the Supreme Court unless by the leave of the magistrate or with the consent of the defendant. Exclusive jurisdiction. [s. 66, rep. No. 12 of 1912.] 67. No action or proceeding against any officer of the Government in his official capacity shall be brought under this Ordinance unless with the consent of the Attorney General. No action against officer of Government without consent. 68. Any magistrate holding a court under this Part, if in his opinion any action or matter brought before him is of sufficient importance to be dealt with by the Supreme Court, may decline to proceed with the same and in such event the plaintiff may thereafter institute proceedings in the Supreme Court as if no proceedings had been taken under this Part. Provision as to Supreme Court. 69. No legal practitioner shall be entitled to appear on behalf of any party in any action or matter pending before a magistrate under this Part except by special permission of such magistrate. Exclusion of legal practitioners. * As amended by Law Rev. Ord., 1939. Page 20 Page 21
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NEW TERRITORIES REGULATION. No. 34 of 1910. 1185 magistrate shall entertain the action of such plaintiff, and in case any order is made in his favour the same shall be expressed to be, and shall be, in full discharge of the whole cause of action. 62. It shall be lawful for the magistrate before whom a claim Appointment of person to under this Part is heard to appoint any fit person to execute any execute process. process of the court in respect of such claim. Goods seized may be sold at or near 63. Any goods or chattels seized under a distress warrant issued by the authority of a magistrate in respect of any claim under this Part may be sold by the bailiff or other officer place of executing such warrant at or near the place of the seizure of seizure. such goods. 64. Where à claim is made to or in respect of property taken Claims in in execution under this Part by any person other than the party respect of property against whom such execution issued, such claim shall be heard seized. and determined by the magistrate upon a summons calling before him as well such claimant as the party on whose behalf such execution issued, and the decision upon such claim shall be final. 65. No action or proceeding for sums not exceeding two Exclusive hundred dollars which might be brought under this Part before jurisdiction. a magistrate shall be brought in the summary jurisdiction of the Supreme Court unless by the leave of the magistrate or with the consent of the defendant. [s. 66, rep. No. 12 of 1912.] against 67. No action or proceeding against any officer of the No action Government in his official capacity shall be brought under this Ordinance unless with the consent of the Attorney General. officer of Government without consent. Court. 68. Any magistrate holding a court under this Part, if in Provision as his opinion any action or matter brought before him is of to Supreme sufficient importance to be dealt with by the Supreme Court, may. decline to proceed with the same and in such event the plaintiff may thereafter institute proceedings in the Supreme Court as if no proceedings had been taken under this Part. 69. No legal practitioner shall be entitled to appear on behalf Exclusion of of any party in any action or matter pending before a magistrate legal practi- under this Part except by special permission of such magistrate. * As amended by Law Rev. Ord., 1939. tioners. Page 20Page 21
2026-05-03 15:27:55 · Baseline
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NEW TERRITORIES REGULATION. No. 34 of 1910.

1185

magistrate shall entertain the action of such plaintiff, and in case any order is made in his favour the same shall be expressed to be, and shall be, in full discharge of the whole cause of action.

62. It shall be lawful for the magistrate before whom a claim Appointment

of person to under this Part is heard to appoint any fit person to execute any

execute process. process of the court in respect of such claim.

Goods seized may be sold

at or near

63. Any goods or chattels seized under a distress warrant issued by the authority of a magistrate in respect of any claim under this Part may be sold by the bailiff or other officer place of executing such warrant at or near the place of the seizure of seizure. such goods.

64. Where à claim is made to or in respect of property taken Claims in in execution under this Part by any person other than the party respect of

property against whom such execution issued, such claim shall be heard seized. and determined by the magistrate upon a summons calling before him as well such claimant as the party on whose behalf such execution issued, and the decision upon such claim shall be final.

65. No action or proceeding for sums not exceeding two Exclusive hundred dollars which might be brought under this Part before jurisdiction. a magistrate shall be brought in the summary jurisdiction of the Supreme Court unless by the leave of the magistrate or with the consent of the defendant.

[s. 66, rep. No. 12 of 1912.]

against

67. No action or proceeding against any officer of the No action Government in his official capacity shall be brought under this Ordinance unless with the consent of the Attorney General.

officer of Government without consent.

Court.

68. Any magistrate holding a court under this Part, if in Provision as his opinion any action or matter brought before him is of to Supreme sufficient importance to be dealt with by the Supreme Court, may. decline to proceed with the same and in such event the plaintiff may thereafter institute proceedings in the Supreme Court as if no proceedings had been taken under this Part.

69. No legal practitioner shall be entitled to appear on behalf Exclusion of of any party in any action or matter pending before a magistrate legal practi- under this Part except by special permission of such magistrate.

* As amended by Law Rev. Ord., 1939.

tioners.

Page 20Page 21

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