the-ordinances-of-the-legislative-counci-1890 — Page 98

62 ORDINANCE No. 15 of 1844 .


Supreme Court.


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.

Suing out 34. And be it further enacted and ordained, that all civil process of the said
process.
Supreme Court may be sued out by any person having any demand or matter of
complaint against any other person whatsoever (excepting against the Governor, or
the Officer administering the Government of the Colony for the time being , as against
whom no such process shall be sued out without leave of the Court, upon motion,
first had and obtained ; and excepting also where any demand or complaint shall
be made by or against the Chief Justice of the said Court, in which case such demand
or complaint shall be prosecuted and made by petition to the Governor, or Officer
administering the Government of Hongkong, in his Executive Council) , and the said
process shall be dated on the day on which it is issued, and shall be made returnable
by the sheriff to the Court, through the Registrar of the said Court, immediately after
the service or execution thereof; and the said process shall be issued by the Registrar
of the Court, for which the warrant to sue shall be his authority, and the said process
shall be endorsed with the name and address of the attorney or party suing out the
same.

Writ of 35. And be it further enacted and ordained, that the common process of the said
summons to
appear in Court to compel the appearance of any person to answer any complaint or demand in
ordinary cases.
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 , in manner
hereinbefore directed) 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 show 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. 3.) .

Service of 36. And be it further enacted and ordained , that in all cases where by law there
process.
can be no arrest of the defendant, a copy of the writ of summons shall be served, either
personally on the said defendant, or by leaving the same at his dwelling house or place
of abode, or at his counting house or place of business.

No service of 37. And be it further enacted and ordained , that no service of any process, order,
civil process on
a Sunday, except notice, or proceeding, or any act done in any civil suit or action, except in case of
in case of arrest.
arrest, 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