the-ordinances-of-the-legislative-counci-1890v2 — Page 35

HK Historical Laws 香港歷史法例 All

SUPREME COURT. [ 22 of 1882. ] 025

adequate ; and in default of payment of any money so ordered
to be paid, payment of the same may be enforced as a judgment
recovered in the Court. Provided always that this provision
shall not take away any right of action for damages against any
officer, but no action shall be commenced or continued for any
act or omission of such officer after the Court or a Judge has
ordered compensation to be pail in respect of it under this
section .

11. Whenever any suit shall be brought against any officer Costs in cases
against of the
of the Court for any act done or omitted to be done in the exe- officers
cution of his duties, and a verdict or judgment shall be given Court.
for the plaintiff in such suit, the plaintiff shall not have costs
against the defendant unless the Judge certifies his approval of
the suit and verdict or when the trial is hand without a jury of
the snit only. If a verdict or judgment is given for thedefend .
ant or the plaintiff becomes non -suited or discontinues the suit
after issue joined , or if on demurrer or otherwise judgment is
given against the plaintiff, the defendant shall recover his full
costs and shall have the like remedy for the same as any defend
ant has by law for costs in other cases .
12. No such suit shall be brought except within three months Limitation of
after the act of omission or commission complained of. Notice time, and
in writing of every such suit and of the cause thereof shall be procedure.
given to the intended defendant one month at least before the
commencement of the suit .
The plaintiff shall not recover if tender of sufficient amends
is made before a snit is commenced or if after a suit is com
menced a sufficient sum of money is paid into Court by or on
behalf of the defendant and the defendant undertakes to pay
costs when taxed .

13. All fees receivable in the Supreme Court shall be payable Fees to be
in stamps subject to the provisions of the Stamp Ordinance. stamps,
pain in and
The fees heretofore payable under the Sheriff's Ordinance , 1873 , scale of
shall continue to be payable in respect of process issued by the the
filesfredere
Sheriff's
Court until a new scale of fees for the Supreme Court generally 1873
Ordinan ce
, to be,
shall be prepared and adopted . continued .
*
*




15. This ordinance shall not affect anything done or suffered , Protecting
nor any right power duty obligation or liability acquired im- clause.
posed accrued or incurred under any enactment hereby repealed,
por any legal proceedings in respect of any such power duty
obligation or liability , and any legal proceedings may be carried
on as if this ordinance had not been passed nor revive any
enactment repealed by any such enactment.

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