hongkong-colonial-ordinances-1847 — Page 91

22 COLONIAL ORDINANCES .


Execution for the same ; and that the said Defendant shall not, from
and after the Date of such Bond or Obligation, remove or withdraw
any of his Property from and out of the Jurisdiction of the said
Court, so as to evade the Judgment thereof, if the same shall be for
the Plaintiff (which said Bond or Obligation shall, as near as may be,
be in the Form given in the Schedule hereunto annexed marked No.
2. ) ; or if the Defendant shall pay to the Sheriff or his Deputy a
sufficient Sum of Money to cover the Amount of the Debt or Damages
mentioned in the Writ, together with the Cost and Charges indorsed
thereon, and a further Sum of Five Dollars for the Charges of making
the Arrest ; or shall deliver to the said Sheriff or his Deputy the
Property specified in the said Writ, or the Value thereof, either as a
Deposit or Security in lieu of giving a Bail-bond, or in Satisfaction
of the Suit or Action, -then the said Sheriff shall permit the said
Defendant to go at large, and free of the said Arrest as to such Suit
or Action.


Malicious Arrest. XXV. And be it further enacted and ordained, That if upon the
Trial of any Suit or Action in which the Defendant shall have been
so arrested or held to bail as aforesaid, it shall appear to the said
Supreme Court that the Arrest of the Defendant was Vexatious and
Malicious, and without any reasonable or probable Cause, and that
the Order for such Arrest was obtained upon a wilful Misrepresen-
tation of the Facts of the case, it shall be lawful for the Chief Justice
of the said Court in his Discretion to order and adjudge the Plaintiff
in such Suit or Action to pay to the Defendant the Costs of such
Arrest or Holding to Bail, together with such further Sum of Money
as to the said Chief Justice shall seem fit, as a reasonable Compen-
sation to the said Defendant for having been so arrested or held to
bail ; and in Default of Payment of any Sum of Money so ordered to
be paid as aforesaid, it shall be lawful for the said Chief Justice, and
he is hereby authorized, to commit the said Plaintiff to the Prison of
the said Court until the same shall be paid : Provided, that in any
Case in which Compensation shall have been awarded as aforesaid, it
shall not be lawful for the Defendant to proceed against the Plaintiff,
by Action or otherwise, for the Recovery of any other or further
Sum of Money by way of Damages for such Arrest or Holding to Bail.

Allowance of Ex- XXVI. And be it further enacted and ordained, That it shall
penses and Compensa- and may be lawful to and for the said Supreme Court, in all Pro-
ceedings therein, whether of a Civil or Criminal Nature, to order and
allow to all Persons examined or detained as Witnesses in any such
Proceeding, such Sum or Sums of Money as to the said Court shall
seem fit, as well for defraying the reasonable Expenses of such
Witnesses, as for affording them a reasonable Compensation for their
Trouble and Loss of Time.

Punishment of Wit- XXVII. And be it further enacted and ordained , That if any
nesses for Non-atten-
dance, and of Persons Person served with a Subpoena to attend the said Supreme Court as
guilty of a Contempt a Witness in any Suit or Action therein, or upon the Trial of any
of Court.
Indictment or Information , shallrefuse or neglect to attend the said
Court pursuant to such Subpoena, or if any Person shall be guilty of
any Contempt before the said Court, it shall be lawful for the said
Court to punish any such Person in a Summary Way, by Fine not
exceeding One Hundred Dollars, or by Imprisonment for any Time
not