the-ordinances-of-the-legislative-counci-1890 — Page 336

300 ORDINANCE No. 2 OF 1855.


Foreign Attachment.

The term "abs 21. And be it enacted and ordained that absence from the Colony shall for the
ence."
purposes of this Ordinance be taken to be absence for the time being whether the party
shall ever have been within this Island or not.
The Court may 22. And be it enacted and ordained that in all cases in which no provision or no
make rules and
award costs.
sufficient provision in that behalf is by this Ordinance made it shall be lawful for the said
Supreme Court from time to time for the purpose of facilitating or more fully or effec
tually carrying any or either of the objects of this Ordinance into execution upon any
application in a summary way made for that purpose by or on behalf of any person
interested in any matter by this Ordinance intended to be provided for or without any
such application to make and prescribe all such rules and orders either general or ap
plicable to any particular case only touching any of the matters intended to have been
hereby provided for and touching also the manner of proceeding before or applying
to the said Court and also the execution of writs and orders and the allowance
and taxation of costs under this Ordinance as to the Court shall seem expedient and such
rules and orders from time to time to revoke or alter as to the Court shall appear
to be requisite and all rules and orders so made and prescribed shall be of the same force
and effect as if they had been inserted in this present Ordinance-And the said Court
shall in all cases whatsoever of applications made to or proceedings had or taken before
or by authority of the said Court or otherwise under this Ordinance have full power
to award or refuse costs the same to be paid by and to such party or parties as the
Court shall in each case think fit to order.




SCHEDULE A.

VICTORIA by the Grace of God of the United Kingdom of Great Britain and Ireland Queen
Defender of the Faith-To the Sheriff of Hongkong and its dependencies greeting-Whereas A. B. hath
lately in the Supreme Court of Hongkong commenced an action at law against C. D. [or against C. D.
and E. F.] and the writ of summons [ or capias ] in the said action has been returned [ or has as to the
said C. D. been returned] non est inventus and the said A. B. hath caused to be filed in the said Court
the affidavit required by the Ordinance of this Island intituled " An Ordinance to provide for and regulate
process in actions at law against persons absent from the Colony. " Now we command you that you
attach in the hand of G. H. [or G. H. R. M. and I. K. respectively ] all and singular the lands
hereditaments monies securities for money chattels and other property which the said C. D. is possessed
of or entitled to or otherwise beneficially interested in and which are or is in the custody or under the
controul of the said G. H. [ or G. H. R. M. and I. K. respectively ] at the time of your serving the said
G. H. [him or them ] with this writ and also all and every the sums and sum of money in which the
the said G. H. is [ or the said G. H. R. M. and I. K. or either of them are or is ] indebted to the said
C. D. at the time of such service -And we further command you that you summon the said G. H. [ or
the said G. II . R. M. and I. K. and each of them] that he [ or they ] be and appear before the said Court
on the day of then and there to be examined touching the premises and further
to do and receive what the said Court shall then and there consider in this behalf and have you then
there this writ.
Witness the Honourable Our Chief
Justice of the said Court aforesaid this
day of in the year of our reign.
(Official Seal. )