hongkong-colonial-ordinances-1847 — Page 90

9º VICTORIE.- No 6 of 1845 . 21


Hands of the Colonial Treasurer to the Credit of the said Estate,
unless the Chief Justice, upon a written Statement of Facts, shall
report that it will be more expedient for the said Estate to be other-
wise held or disposed of ; and such Treasurer shall receive from the
Registrar, as Administrator as aforesaid under the Statute, all such
Sums of Money as he shall tender to him, and shall carry the same
to the Credit of such Estates as the said Registrar shall specify, giving
him at the same time a Receipt for the specific Sums so paid in ; and
whenever the said Registrar shall have Occasion to draw any Sum of
Money out of the Hands of such Treasurer, he shall apply by Petition
to the Court, or to the Chief Justice at Chambers, for an Order for
the Payment thereof, stating in such Petition the Purpose for which
such Money is required ; and such Treasurer shall not pay over any
Moneys which may have been paid into his Hands as aforesaid without
such Order.


XXIII. And be it further enacted and ordained , That it shall be Power to regulate
lawful for the said Supreme Court to make and prescribe such Rules Sittings ofthe
and to make Court,
Rules and
and Orders, touching the Times and Place of holding the Court, Form Orders.
of Process, Pleadings, and other Business and Proceedings of the
said Court, and of the Fees payable therein, as to the said Court
shall seem fit, and such Rules and Orders from time to time to alter,
amend, or revoke, as Occasion may require.

XXIV. And be it further enacted and ordained, That if any Arrest allowed in
case of Debtors being
Person shall have a Claim or Ground of Action, of whatever Nature, about leave the
against any other Person who shall be about to leave the said Colony, Colony.
and to proceed to Parts beyond the Jurisdiction of the said Supreme
Court, or who may reasonably be suspected of an Intention so to do,
either for the purpose of avoiding Process in such Action, or other-
wise, whereby the Recovery of any Debt or Damages may be delayed ,
and the Party having such Claim or Ground of Action as aforesaid,
or some Person on his Behalf, shall produce to the said Chief Justice
an Affidavit of such his Right of Action, and of the Intention of such
other Party to leave the said Colony, and to proceed to Parts beyond
the Jurisdiction of the said Court, and shall also state in such Affidavit
the Grounds upon which he believes that the other Party is about to
leave the said . Colony as aforesaid, -in such case it shall be lawful for
the said Chief Justice, if he shall think fit, to order a Writ of Capias
ad Respondendum, (in the Form given in the Schedule hereunto
annexed, marked No. 1 , ) to be issued to take and arrest the Body of
such other Party so about to leave the said Colony ; in which said
Writ the Amount of the Debt or Damages demanded, or the Value
of the Property sought to be recovered, shall be truly specified, and
the Costs and Charges of issuing the said Writ shall be indorsed
thereon by the Registrar of the said Court ; and of which said Writ
the Sheriff, or his lawful Deputy, shall, upon any Arrest to be made
by virtue thereof, give to the Defendant a true Copy : Provided Bail-bond.
always, that if upon any such Arrest the Defendant shall give to the
Sheriff reasonable Security by Bond or Obligation of the said De-
fendant, and of one or more other Person or Persons having sufficient
Property within the said Colony, as Surety or Sureties that the
Defendant shall appear according to the Exigency of the said Writ,
and shall also stand to, abide, and perform the Judgment of the said
Court thereon, or render himself to the Prison of the said Court in
F Execution