hongkong-colonial-ordinances-1847 — Page 192

10° VICTORIE .- 1846. 7

Process in the Nature of a Writ of Summons ; and that at the Time
of issuing such Writ of Summons the Plaintiff shall lodge with the
Registrar of the Court a short Statement or Abstract in Writing of
the Cause of Action, and the Registrar of the Court or his Deputy
shall endorse on the Back of such Writ of Summons the Amount of
the Debt or Damages sought to be recovered , together with the Sum
due for Costs and in every Suit or Action which shall be hereafter Warrant to sue.
commenced in the said Court, where the Plaintiff shall complain by
Attorney, the Attorney of the Party complaining shall, before any
Process is sued out to compel the Appearance of any Person to
answer any Complaint or Demand , file his Warrant or Authority to
sue, signed by the Party complaining or his lawful Representative
or Agent, with the Registrar of the said Court.


VII. That all Civil Process to be sued out of the said Supreme Suing out Process.
Court shall be issued by the Registrar thereof, (for which the
Warrant to sue shall be his Authority,) and shall be endorsed with
the Name and Address of the Attorney or Party suing out the same,
and shall be dated on the Day on which it is issued, and shall be
made returnable by the Sheriff immediately after the Service or
Execution thereof, provided that no such Process shall be sued out
by or against the Chief Justice of the said Court ; but where any
Demand or Complaint is made by or against the said Chief Justice,
the same shall be made and presented by Petition to the Governor,
or Officer administering the Government of Hongkong, in his Execu-
tive Council.


VIII. That the common Process of the said Court to compel Writ of Summons
the Appearance of any Person to answer any Complaint or Demand to appear in Ordinary
Cases.
in all Civil Suits and Actions where there can be no Arrest of the
Defendant, shall be by Writ of Summons directed to the Sheriff of
the Colony, (except where the said Sheriff is a Party, and then to
some fit and proper Person nominated by the said Court, ) requiring
the said Sheriff (or such other Person) to command the Defendant,
that he render to the Plaintiff the Sum or Matter in Question, or
perform that which the Plaintiff claims or demands from him ; and
in Default thereof, to summon the Defendant, that he appear before
the said Court within Eight Days after the Service of the said Writ,
inclusive of the Day of such Service, to shew Cause why he hath
not done so, which said Writ of Summons shall, as near as may be,
be in one or other of the Forms, according to the Nature of the Suit
or Action, in the Schedule hereunto annexed, marked No. 1 .


IX. That in all cases where by Law there can be no Arrest of the Service of Process.
Defendant, a Copy of the Writ of Summons shall be served , either Per-
sonally on the said Defendant, or by leaving the same at his Dwelling-
house or Place of Abode, or at his Counting-house orPlace of Business.


X. That no Service of any Process, Order, Notice, or Proceeding, Process
No Service of Civil
on a Sunday.
or any Act done in any Civil Suit or Action, shall be valid or
effectual if performed on a Sunday ; and all Process returnable on a
Sunday, or upon a Holiday, shall be returned on the following Day ;
and any Act required to be done by any Party in Court at a Time
which would otherwise fall on a Sunday or Holiday, shall be valid
and effectual if done on the following Day.
XI.