hongkong-colonial-ordinances-1847 — Page 193

HK Historical Laws 香港歷史法例 All

8 REGULA GENERALIS .


Return of Process to XI. That the Sheriff of the said Colony shall, upon the Return
the Registrar's Office.
Day of all Civil Process, deliver into the Office of the Registrar of
the said Court, the said Process, together with a Return endorsed
thereon, or annexed thereto, of what he has done by virtue thereof ;
and the Plaintiff or Defendant , or their respective Attorneys, may
at any Time have an Office Copy of the said Process and the Return
thereto, at the Cost of the Party applying for the same : and if the
said Sheriff shall have taken from any Person arrested any Money
or Thing, for, and to the Use, and on the Behalf of the said Plaintiff,
or any Bond or Obligation, by virtue of any Writ of Capias ad
Respondendum, then the said Sheriff shall, after the Expiration of
the Time allowed for the Defendant to appear, and in Default of
Appearance, and being thereto required by the Plaintiff or his
Attorney, deliver over to the said Plaintiff or his Attorney the said
Money or Thing, or assign to the said Plaintiff such Bond or Obliga-
tion, by an Endorsement to be thereon made by the said Sheriff,
under his Hand, which Endorsement shall, as near as may be, be in
the Form in the Schedule hereunto annexed, marked No. 2.

Appearance of De- XII. That the Defendant in any Suit or Action, upon whom
fendant to be entered
in the Registrar's Service of any Civil Process has been made, or who has been
Office ;
arrested and given Bail for his Appearance to answer any Complaint
or Demand, shall, within Eight Days after such Service or Arrest,
either by himself or his Attorney, enter an Appearance in a Book to
except where the De- be kept for that purpose by the Registrar of the said Court : Provided
fendant
mit the intends to ad- nevertheless, that any Party against whom any Writ of Summons
Claim against
him. or other Process may have been issued, in respect of any Claim or
Demand against him, may appear personally before the Court and
admit the same ; and the Registrar, or other Officer of the Court,
shall thereupon take down in Writing such his Admission, and the
Defendant, or some Person by him duly authorized, shall sign the
same, and thereupon the Court shall forthwith pronounce Judgment.

Service of Notices,
XIII. That after the Defendant in any Suit or Action has entered
&c., after
dant has appeare d by his Appearance by Attorney, Service of all future Summonses,
the Defeny
Attorney. Demands, Notices, and other Proceedings in the said Suit or Action,
made upon the said Attorney, and in like manner upon the Attorney
of the Plaintiff, or left at his Place of Business, shall be valid and
effectual, excepting where Personal Service upon either Party is
by any Proceeding, Order, or Practice of the said Court specially
required and provided : and all such Summonses, Demands, Notices,
and other Proceedings shall be served before Six o'clock at Night.

Time of filing De- XIV. That in all Suits and Actions where the Defendant has
claration or Claim.
entered an Appearance to answer any Complaint or Demand, the
Declaration or Claim of the Plaintiff shall be filed in the Office of
the Registrar, and Notice thereof shall be given to the Defendant or
his Attorney, within One Month after such Appearance, in Default
whereof the Plaintiff shall be barred from declaring or making
Claim ; and where the Defendant does not appear to the said
Process, and an Appearance shall have been entered for him by the
Plaintiff, the Declaration or Claim shall be in like manner filed in
Requisities of De- the Office of the Registrar within the Time aforesaid : and such
claration.
Declaration or Claim shall correspond with the Writ of Summons
or other Process in every material Point, and shall state truly and
concisely

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