SUPREME COURT ORDINANCE
Title
SUPREME COURT ORDINANCE
Description
ORDINANCE loo., 15 0F 1844.
Supreme Court.
No. 15 of 1844.
An Ordinance to establish a Supreme Court of Judicature at Hongkong-
Title.
[21st August, 1844.
1. Be it enacted and ordained by the Governor of Hongkong, with the
advice of Form., Court at
the Legislative Council thereof, that from and after the passing of this
Ordinance, the bo~i°ag
Court at Hongkong with Criminal and Admiralty Jurisdiction, which has
hitherto been
holden by the Chief Superintendent, shall be, and it is hereby abolished.
2. And be it further enacted and ordained, that there shall be within and
for the ' A Supreme Court
Colony of Hongkong a Court, which shall be called 'The Supreme Court of
Hongkong,' ° In' record record to f8
therein.
and that the said Supreme Court of Hongkong shall be a Court of Record.
3. And be it further enacted and ordained( xhat the law of England shall
be in
full force in the said Colony of Hongkong, except where the same shall be
inapplicable
to the local circumstances of the said Colony, or of its inhabitants;
Provided nevertheless,
that in all matters and questions touching the right or title to any real
property in the
said Colony, the law of England shall prevail, and that no law shall be
recognized in
the said Colony, which shall in guy way derogate from the sovereignty of
the Queen of
England: r-~' Provided also, that in all matters relating to the practice
and proceedings of
the said Supreme Court, and not hereinafter provided for by this
Ordinance, the
practice of the English Courts shall be in force, until otherwise ordered
by any rule
of the said Court: Provided also, that in all criminal proceedings
arising or being
within the jurisdiction of the said Court, where the party or parties
proceeded against
shall be of Chinese origin or extraction, then, and in every such case,
it shall be lawful
for the said Court, in its discretion, to punish the offender or
offenders according to
the laws of China.
¢,= And be it further enacted and ordained, that the said Supreme Court of
Hongkong shall consist of, and be holden by, and before, a Judge to be
called the Chief
Justice of the Supreme Court of Hongkong and its dependencies, and to be
appointed
by Letters Patent under the Public Seal of the Colony from time to time
by the
Governor of Hongkong, in accordance with such instructions as he may
receive from
Her Majesty, Her Heirs and Successors; and such Chief Justice shall hold
his office
during the pleasure of Her said Majesty, subject to suspension by the
Governor, in
like manner as other officers in the said Colony: Provided that in case
the said office
of Chief Justice shall become vacant by death or otherwise, it shall be
lawful for the
Governor to appoint another fit and proper person to fill the said office
of Chief Justice,
until her said Majesty's pleasure be known.
5. And be it further enacted and ordained, that the said Supreme Court of
Seal of the Court.
Hongkong shall have and use, as occasion may require, a seal, bearing a
device and
impression of the Royal Arms, within an exergue or label surrounding the
seine, with
this inscription, '° The Seal of the Supreme Court of Hongkong,' and all
writs and
Cnn6titntlon °f
court.
How far the lair
of England t°
prevail.
Judges to hold no
other offices of
profit.
Officers oithe
cow.
Appointment,
and removal of
Inferior officers.
officers
how to hold o19ce.
ORDINANO,~._lI,~= .rft 184.
Supreme Court.
other process issuing out of the Court shall be sealed therewith;
Provided that, until
such seal can be procured, such writs and process shall be valid if
signed by the Registrar.
6, And be it further enacted and ordained, that no Judge of the said
Supreme
Court of Hongkong shall be capable of accepting, 'taking, or performing,
any other
once, or place, of profit, or emolument, on pain that the acceptance of
guy such other
office, or place as aforesaid, shall be and be deemed in law de facto an
avoidance of his
office of Judge, and the salary thereof shall cease, and be deemed to
have ceased
accordingly, from the time of such acceptance of any such other office or
place.
7. And be it further enacted and ordained, that there shall be and belong
to the
?sjsid.Court the following officers; that is to say, a Registrar, a
clerk, and an interpreter
thereof, and such, and so many other officers, as to the Chief Justice of
the said Court
for the time being, shall from time to time appear to be necessary for
the administration
of justice, and the due execution of- all the powers and authorities
which are granted
and committed to the said Court by this Ordinance; and that all persons
who shall or
may be appointed to any subordinate office within the said Supreme Court
of Hongkong,
shall be so appointed by the Chief Justice of the said Court for the time
being, and
'shall be removable at the discretion of the said Chief Justice: Provided
nevertheless,
that no new office shall be°-created in the said Court, unless the
Governor, or Acting
Governor for the time being, of the said Colony, shall first signify his
approbation
thereof to the said Chief Justice for the time being, in writing, under
the hand of such
Governor, or Acting Governor as aforesaid.
$, And be it further enacted and ordained, that the several superior
officers of
the said Court, who now are, or hereafter may be appointed to their said
offices by Her
Majesty, Her Heirs and Successors, shall hold their several offices
during the pleasure
of Her said Majesty, subject to suspension by the Governor, in like
manner as other
officers in the said Colony; and that all other superior officers,
appointed with the
approbation of the Governor as aforesaid, shall be-removable from their
several offices
in the said Court by the Governor, upon reasonable cause.
ear6igglon of 9. And he it further enacted and ordained, that the said
Supreme Court of
barristers and
attornlee. Hongkong is hereby authorized and empowered, to approve, admit,
and enrol such
and so mane persons having been admitted barristers at law, or advocates
in Great
Britain and Ireland, to act as barristers and advocates; or having been
admitted
writers, attornies, or solicitors, in one of the Courts at Westminster,
Dublin, or
Edinburgh, or having been admitted as proctors in any Ecclesiastical
Court in England,
to act in the character of proctors, attornies, and solicitors in the
said Court; and
which persons so approved, admitted, and enrolled as aforesaid, shall be,
and are hereby
authorized to appear, and plead, and act, in their several respective
characters, for the
suitors of the said Court, subject always to be removed by the said
Court, from their
respective stations therein, upon reasonable cause: and it is hereby
further enacted
and ordained, that no other person or persons whatsoever shall be allowed
to appear,
and plead, or act in the said Supreme Court of Hongkong for, and on
behalf of such
suitors, or any of them.
ORDINANCE No. 15 OF 1844.
Supreme Court.
10. And be it further enacted and ordained, that in case there shall not
be a
sufficient number of sucb barristers at law, advocates, writers,
attornies, solicitors, and
proctors within the said Colony, competent and willing to appear, and act
for the
suitors of the said Court, then, arid in that case, the said Suprene
Court of Hongkong
shall, and is hereby authorized to admit temporarily so many other fit
and proper
persons to appear and act as barristers, advocates, proctors, attornies,
and solicitors as
may be necessary, according to such general rules and qualifications as
the said Court
shall, for that purpose, make and establish: Provided always that the
persons so
admitted, shall be admitted for a period of three months only, and shall
not be readmitted
without obvious necessity.
r 2
11. And be it further enacted and ordained, that the sheriff of Hongkong
for the
time being, shall by himself or his sufficient deputy to be by him
appointed
and duly authorized under his hand and seal, and for whom he shall be
responsible
during his continuing in such office, execute, and the said sheriff and
his said deputy
is hereby authorized to execute, all the writs, summonses, rules, orders,
warrants,
commands, and processes of the said Supreme Court of Hongkong, and make a
return
of the same, together with the manner of the execution thereof, to the
said Supreme
Court of Hongkong, and to receive, and detain in prison, all such persons
as shall
be committed to the custody of such sheriff by the said Supreme Court of
Hongkong,
12. And be it further enacted and ordained, that whenever the said
Supreme Process against
sherllf,
Court of Hongkong shall direct or award any process against the said
sheriff, or award
any process in any cause, matter, or thing wherein the said sheriff, on
account of his
being related to the parties, or any of them, or by reason of any good
cause of challenge
which would be allowed against any sheriff in England, cannot, or ought
not by law
to execute the same, in every such case the said Supreme Court of
Hongkong shall name
and appoint some other fit person to execute and return the same, and the
said process
shall be directed to the person so to be named for that purpose, and the
cause of such
special proceedings shall be suggested and entered on the records of the
said Court.
13. And be it further enacted and ordained, that the said Supreme Court
shall
have the same jurisdiction in the said Colony of Hongkong and its
dependencies, as
Her Majesty's Courts of Queen's Bench, Common Pleas, and Exchequer,
lawfully have
in England; and shall be a Court of oyer and terminer and gaol delivery,
assize and
nisi priua.
14. And be it further enacted and ordained, that the said Supreme Court
shall be Uqnitaile.
a Court of Equity, with such, and the like jurisdiction, as the Court of
Chancery in
England; and shall have, and execute all, and singular, the powers, and
authorities of
the Lord High Chancellor of England, with full liberty to appoint and
control guardians
of infants, and their estates, and also keepers of the persons and
estates of idiots, lunatics,
and such as being of unsound mind, are unable to govern themselves, and
their estates.
15. And be it further enacted and ordained, that the said Supreme Court
shall be
a Court of Ecclesiastical j urisdiction, with full power to grant
probates, under the seal of
Fit persons to he
admitted to
practise for three
months in case of
necessity,
Sheriff of
ifengkong to
execute write
and process.
Jurisdiction of
Court: legal.
Ecclesiastical.
ORDINANCE hTo. 15 0F 184.
supreme Court.
the ~said Court, of the last wills and testaments of all or any of the
inhabitants of the
said Colony and its dependencies, and all other persons who shall die,
and leave personal
effects within the said Colony and its dependencies: and to commit
letters of adminis-
tration, under the seal of the said Court, of the go9ds, chattels,
credits, and all other
effects whatsoever of the persona aforesaid, who shall die intestate, or
who having left a
will shall not have named an executor resident within the said Colony or
its depen-
dencies, or where an executor resident as aforesaid, being duly cited,
shall not appear
and sue forth such probate: annexing the will to the letters of
administration, when such
persons shall have left a will without naming any executor, or where an
executor shall
have been named not resident within the said Colony, or where an executor
shall have been
'naurad resident within the said Colony or its dependencies, but who
being duly cited
thereunto shall not appear and sue forth a, probate thereof; and to
sequester the goods,
and chattels, credits, and other effects whatsoever of such persons so
dying in cases
allowed by law, as the same is and may be now used in the diocese of
London: and to
demand, require, take, hear, examine and allow, and if occasion require
to disallow, and
reject the account of them, in such manner and form as may be used in the
said diocese,
and to do ail other things whatsoever needful and necessary in that
behalf.
18. Provided always, and be it further enacted and ordained, that the said
Supreme Court, in such cases as aforesaid, is hereby authorized and
required, where
letters of administration shall be committed with the will annexed for
want of an
executor applying in due time to cue forth the probate, to reserve in
such letters of
administration full power and authority to revoke the same, and to grant
probate of
the said will to ouch executor whenever he shall duly appear and sue
forth the same.
1'y. And be it further enacted and ordained, that the said Supreme Court
shal
grant and commit such letters of administration to any one or more of the
lawful next
of kin of such person so dying as aforesaid, being then resident within
the jurisdiction
of the said Court, and being o£ the ago of twenty-one years, and in case
no such person
shall then be residing within the jurisdiction of the said Court, or
being duly cited
shall not appear and pray the same, to the Registrar of the said Court,
or to such
person or persona, whether creditor or creditors, or not, of the deceased
person, as the
Court, shall see fit: Provided always, that probates of wills, and
letters of administra.
-tion to be granted by the said Court, shall be limited to such money,
goods, chattels,
credits, and effects as the deceased person shall be entitled to within
the said Colony
of Hongkong and its dependencies.
18. And be it further enacted and ordained, that every person to whom such
letters of administration shall be committed shall, before the granting
thereof, give
sufficient security, by bond to be entered into to Her Majesty, Her Heirs
and Suc-
cessors, for the payment of a competent sum of money, with one, two, or
more solvent
sureties, respect being had in the sum therein to be contained, and in
the ability of the
sureties, to the val ue of the estates, credits, and effects of the
deceased, which bond shall
be deposited in the said Court among the records thereof, and there
safely kept, and a
copy thereof shall be also recorded among the proceedings of the said
Court, and the
Court to reserve
power of
revocation.
Administrator to
enter into bond.
ORDINANCE No. 1:5 of 18444.
8uprewte Court.
condition of the said bond shall be to the following effect 'That if the
above bounden condition of
' administrator of the goods, chattels, and effects of the deceased do
make, or cause to bond.
' be made a true and perfect inventory of all and singular the goods,
credits, and effects.
' of the said deceased, which have, or shall come to the hands,
possession, or knowledge
' of him the said administrator, or to the hands or possession of any
other person or
' persons for him, and the same, so made, do exhibit into the said
Supreme Court of
'Hongkong, at or before a day therein to be specified; and the same
goods, chattels,
' credits, and effects and all other the goods, chattels, credits, and
effects of the deceased
' at the time of his death, or which at any time afterwards shall come to
the hands or
'possession of such administrator, or to the hands or possession of any
other person or,
'persons for him, shall well and truly administer according to law; and
further shall r
'make, or cause to be made, a true and just account of his said
administration, at or
'before a time therein to be specified, and afterwards from time to time
as he, she, or
' they shall be lawfully required; and all the rest and residue of the
said goods, chattels,
'credits, and effects which shall be found from time to time remaining
upon the said
' administration account, the same being first examined and allowed of by
the said
'Supreme Court of Hongkong, shall and do pay and dispose of in a due
course of
'administration, or in such manner as the said Court shall direct, then
this obligation
' to be void, and of none effect, or else to be and remain in full force
and virtue.' And How bond to Ve
in case it shall be necessary to put the said bond in suit, for the sake
of obtaining the put in snit.
effect thereof for the benefit of such person or persons as shall appear
to the said Court
to be interested therein, such person or persons from time to time giving
satisfactory
security for paying all such costs as shall arise from the said suit, or
any part thereof,
such person or persons shall, by order of the said Court, be allowed to
sue the same in
the name of the Attorney General for the time being of the said Colony,
and the said
bond shall not be sued in any other manner.
19. And be it further enacted and ordained, that the said Supreme Court
shall fig
certain periods when all persons to whom probates of wills and letters of
administra-
tion shall be granted by the said Court shall from time to time, until
the effects of the
deceased persons shall be fully administered, pass their accounts
relating thereto before
the said Court; and in case the effects of the deceased shall not be
fully administered
within the time for that purpose to be fixed by the said Court, then, or
at any earlier
time if the said Court shall see fit so to direct, the person or persons
to whom such
probate or administration shall be granted shall pay, deposit, and
dispose of the balance
of money belonging to the estate of the deceased then in his, her, or
their hands, and
all money which shall afterwards come into his, her, or their bands, and
also all precious
stones, jewels, bonds, bills, .and securities- belonging to the estate of
the deceased, in
such manner, and unto such persons, as the said Court shall direct, for
safe custody;
and the said Court shall from time to time make such order as shall be
just for the due
administration of such assets, and for the payment or remittance thereof,
or any part
thereof, as occasion shall require, to or for the use of any person or
persons, whether
resident, or non resident in the said Colony and its dependencies who may
be entitled
57
Court to fix
periods at which
accounts wall be
passed.
court to exercise
jurisdiction over
Her majesty's
subjects in
China.
ORDINANCE No. 1:i OF 1844.
_%Preme Court.
Allowances to be
made to
executors or
administrators.
Payment of
money into
Treasury.
thereto, or any part thereof, as creditors, legatees, or next of kin, or
by any other right
or title whatsoever.
20. And be it further enacted and ordained, that it shall and may be
lawful for
the said Supreme Court, to allow to any executor or administrator of the
effects of any
deceased person (except as herein mentioned) such commission, or
percentage out of
their assets, as shall be just and reasonable, for their pains and
trouble therein: Pro-
vided always, that no allowance whatever shall be made for the pains and
trouble of
axle executor or administrator who shall neglect to pass his accounts at
such time, or to
dispose of any money, goods, chattels, or securities with which he shall
be chargeable
in such manner, as in pursuance of any general or special rule or order
of the said
Court shall be requisite, and moreover, every such executor or
administrator, so neglect-
ing to pass his accounts, or to dispose of any such money, goods,
chattels, or securities
with which he shall be chargeable, shall be charged with interest, at the
rate then
current within the said Colony and its dependencies, for such sum and
sums of money
as from time to time shall have been in his hands, whether he shall, or
shall not make
interest thereof.
21. And be it further enacted and ordained, that where letters of
administration,
or ad colligenda bona, have been granted to the Registrar under the
statute of the 39th
and 40th Gleo. 3, or otherwise as Registrar, he shall within fourteen
days after receiving
any money belonging to any estate to the amount of one hundred dollars,
clear of all just
allowances and deductions for commission, pay the same into the 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
otherwise held ox disposed of; and such Treasurer shall receive from the
Registrar, as
administrator as aforesaid under the statute, all such sums of money as
be 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 monies
which may have been paid into his hands as aforesaid without such order.
Admiralty. 22. And be it further enacted and ordained, that the said
Supreme Court shall
be a Court of Vice-Admiralty jurisdiction, and shall have, and possess
the same power,
authority, and jurisdiction, as is had, and possessed, by other Courts of
Vice-Admiralty
abroad.
23. And be it further enacted and ordained, that it shall be lawful for
the said
Supreme Court to have and exercise within the said Colony of Hongkong and
its
dependencies all such powers, jurisdiction, and authority, over Her
Majesty's subjects
within the dominions of the Emperor of China, or within any ship or
vessel at %
ORDINANCE No. 1 5 Or 1844.
Supreme Court.
distance of not more than one hundred miles from the coast of China, as
by any
ordinance of His Excellency the Superintendent of the Trade of British
subjects in
China hath been, or shall be, given.
24. And be it further enacted and ordained, that it shall be lawful for
the said
Supreme Court to make and prescribe such rules and orders, touching the
times and
place of holding the Court, form of process, pleadings, and other
business and pro-
ceedings 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; and also that it shall be lawful for the said Court
to alter or
revoke any rule or regulation, contained in this Ordinance, touching the
aforasaid°
matters.
2$. And be it further enacted and ordained, that there shall be four
terms in each
year for the despatch of the civil business of the said Supreme Court,
and the said terms
shall be the months of January, March, May, and November, and shall
commence on
the first, and terminate on the last, day of the said months
respectively: Provided,
that whenever it shall happen that any of the said months shall commence,
or end, upon
a Sunday, the term shall commence on the Monday following, or end on the
Saturday
preceding.
26. And be it further enacted and ordained, that there shall be four
sittings' in
every year for the trial of all civil causes and actions, and for the
hearing and deter-
mining of all matters of complaint under the summary jurisdiction of the
said Supreme
Court, as hereinafter provided; and such sittings shall commence on the
1st day of
February, 1st day of April, the lst day of October, and the 1st day of
December, and
shall terminate on the 14th day of each of such months respectively:
Provided, that
whenever either of the said days shall commence, or end, upon a Suriday
the sittings
shall commence on the Monday following, and end on the Saturday
preceding: Pro-
vided also, that if at any time it shall. appear to the Chief Justice of
the said Court
necessary or expedient that the Court should sit for the purposes
aforesaid at any other
or different periods, it shall be lawful for the said Chief Justice so to
do, upon given
reasonable notice thereof.
2'J. And be it further enacted and ordained, that there shall be four
sessions in
every year for the despatch of the criminal business of the said Supreme
Court; the said
sessions to commence on the 15th day of February, the 15th day of April,
the 15th day
of October, and the 15th of December, in every year, and shall termjnate
on the last day
of, each of such months respectively. Provided, that whenever either of
the said days shall
happen to commence, or end, upon a Sunday, the sessions shall commence on
the Monday
following, and end on the Saturday preceding: Provided also, that if at
any time it
shall appear to the Chief Justice of the said Court necessary or
expedient that a criminal
session should be held at any other or different period, it shall be
lawful for the said
Chief Justice so to hold the same, upon giving reasonable notice thereof,
Power to regulate
sittings of the
=rt~ and to
. rules and
orders.
Sittings of the
Court.
Flow many
terms, and who n
to be held.
Sittings' at nyai
Prtaa, dco.
Ct7minal
sessions.
sittings at
chambers.
Commencement
of actions.
Arrest allowed In
case of debtors
being about to
leave the Colony.
ORDINANCE \o. 15 of 1844.
Supreme Court.
28. And be it further enacted and ordained, that the Chief Justice of the
said
Supreme Court shall attend at chambers, at such times, and so often as
occasion shall
require, (except during the months of June, July, August, and
September,). for the pur-
pose of hearing parties upon summonses, hearing applications for time,
leave to amend,
and such other matters as may be brought before him by any rule or order
of the said
Court; and that the mode of procuring the attendance of any party before
the said Chief
Justice at chambers, shall be by summons, to be taken out from the
Registrar's Office,
which summons shall state the names and description of tho parties, and
the object of
the attendance, and shall be signed by the Registrar or his deputy.
Office hours and ^ ,. 28. And be it further enacted and ordained, that
the offices of the said Supreme
holidays. Court shall be open every day during term, between the hours of
ten in the morning,
and four in the afternoon, and out of term, between tie hours of ten in
the morning, and
three in the afternoon, except upon Sundays, and the holidays hereinafter
mentioned, and
the months o£ June, July, August, and September, for the issuing of
processes, the
filing of affidavits, petitions, declarations, pleas, answers, and other
pleadings, and
granting copies thereof, and for doing and performing all other necessary
acts, duties,
and things in the said offices: and the holidays in the said offices
shall be New Year's
Day, Good Friday, Easter Monday, Hex Majesty's Birthday, Ascension Day,
Whit
Monday, the anniversary of Her Majesty's Coronation, and Christmas Day,
and the
day after.
30. And be it further enacted and ordained, that all suite and actions of
a
common law nature, shall be commenced in the said Supremo Court by
summons, or
other process in the nature of a writ of summons; and that at the time of
issuing such
writ of summons the plaintiff shall lodge, with the Registrar of the
Court, a short
statement, or abstract, in writing, of the cause of action, and the
Registrar of the Court
shall iudoxse, on the back of such writ of summons, the amount of the
debt or damages
Warrant to sue, sought to be recovered, together with the sum due for
casts: and in every suit or action
which shall be hereafter commenced in the said Court, where the plaintiff
shall complain
by attorney, the attorney of the party complaining shall, before any
process issued
out to compel the appearance of any person to answer any complaint or
demand, ale
his warrant or authority to sue, signed by the party complaining, with
the Registrar
of the said Court.
31. Provided always, and be it further enacted and ordained, that if any
person
shall have a claim, or ground of action, of whatever nature, against any
other person
who shall be about to leave the Colony, or who may reasonably, be
suspected of an
intention so to do, either for the purpose of avoiding process in such
action, or
otherwise, and, the party having such claim or ground of action as
aforesaid, shad
produce to the said Chief Justice an affidavit of such his right of
action, and of tie
intention of such other party to leave the Colony, and shall also state
in such affidavit
the grounds upon which he believes that the other party is about to leave
the Colony as
aforesaid, in such case it shall be lawful for the said Chief Justice to
order a writ of
capias ad respondendum, (in the form given in the schedule hereunto
annexed, marked
ORDINANCE, No. 15 .oF 1844.
Supreme Cou?'t.
(No. 1.)) to be issued to take and arrest the body of such other party so
about to leave the
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
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, at his request, and
at his charge,
a true copy: Provided always, that if upon any such arrest the defendant
shall give
to the sheriff reasonable security by bond or obligation of the said
defendant, 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
Court thereon, or
render himself to the prison of the said Court in 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.
32. Provided also, and be it further enacted and ordained, that where in
any
suit or action the defendant shall have been arrested or held to bail as
aforesaid, if the
plaintiff in such suit or action shall not prosecute his claim with all
reasonable
diligence and despatch, it shall be lawful for the Chief Justice of the
said Court to
order the said defendant to be discharged out of custody or the bail bond
to be
delivered up to be cancelled, and to make such further order in the
matter as to the said
Chief Justice shall seem fit.
Power of Court
to order a
defendant's
discharge.
33. And be it further enacted and ordained, that if upon the trial of any
suit or Maueieasarr~est.
action in which the defendant shall have been so arrested, or held to
bail, as aforesaid, it
shall appear to the Court that the arrest of the defendant was vexatious
and malicious,
and without any reasonable or probable canse,.and that the order for such
arrest was
obtained upon a wilful misrepresentation 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 compensation 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 lie is hereby
authorized, to commit the
ORDINANCE No. 1.5 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.
34. And be it further enacted and ordained, that all civil process of the
said
Supreme Court may be sued out by any person having any demand or matter of
complaint against any other parson whatsoever (excepting against the
Governor, or
the Officer administering the Government of the Colony for the time
being, as against
vwham 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 tile 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 part)
suing out the
same.
35. And be it further enacted and ordained, that the common process of
the said
Court to compel the appearance of any person to answer any complaint or
demand in
all civil suits and actions, where there can be no arrest of the
defendant, shall be by
wait 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
hereinbefoxe 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
bath not done so, which said writ of summons shall, as near as may be, be
in ono or
other of the forms, according to the nature of the snit or action, in the
schedule hereunto
annexed, marked (No. 3.).
Service of
process.
No service of -
civil process on
a Sunday, except
in-case of sweat.
36. And be it further enacted and ordained, that in all cases where by
law there
can be no arrest of the defendant, a copy of the writ of summons shall be
nerved, either
personally on the said defendant,.or by leaving the same at his dwelling
house or place
of abode, or at his counting house ox place of business.
37. And be it further enacted and ordained, that no service of any
process, order,
notice, or proceeding, ox any act done in any civil suit or action,
except in case o£
arrest, shall be valid or effectual i£ 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
ORDINANCE' \o. 15 or 184.
Supreme Court.
required to be done by any party in Court, at a time which would
otherwise fall on a
Sunday or holiday, shall be valid and effectual if done on the following
day.
38. And be it further enacted and ordained, that the sheriff of the said
Colony
shall, upon the return day of all civil process, deliver into the office
of the Registrar of
the said Court, the said process, together with a return indorsed
thereon, or annexed
thereto, of what he has done by virtue thereof; and the plaintiff, or
defendant, or their
respective attornies, may at any time have an office copy of the said
process and the
return thereto, at the cost of the party applying for the same: and if
the said sheriff
shall have taken from any person arrested any money, or thing, for, and
to the use, and
on the behalf of the said plaintiff, or any bond, or obligation, by
virtue of any writ of`'
capias ad respondendacm, then the said sheriff shall, after the
expiration of the time
allowed for the defendants, to appear, and in default of appearance, and
being thereto
required by the plaintiff, or his attorney, deliver over to the said
plaintiff, or his
attorney, the said honey or thing, or assign to the said plaintiff such
bond or obligation,
by an indorsement to be thereon made by the said sheriff; under his hand,
which
indorsement shall, as near as may be, be in the form in the schedule
hereunto annexed,
harked (No. 4.~.
$8, And be it further enacted and ordained, that the defendant in any
suit or,
action, upon whom service of any civil process has been made, or who has
been arrested
and given bail for his appearance to answer any complaint or demand,
shall, within
eight days after such service or arrest, either by himself, or his
attorney, enter an
appearance in a book to be kept for that purpose by the Registrar of the
said Court:
Provided nevertheless, that any party, against whom any writ of summons;
or other
process, may have been issued iii respect of guy claim or demand against
him, tray
appear personally before the Court and admit the same, and the Registrar,
or other
officer of the Court, shall thereupon take down in writing such his
admission, and the
defendant, or some person by him duly authorised, shall sign the sane,
and thereupon,
the Court shall forthwith pronounce judgment.
9:0. And be it further enacted and ordained, that after the defendant in
any suit
or action has entered his appearance by attorney, service of all future
summonses,
demands, notices, and other proceedings in the said suit or action, made
upon the said
attorney, and in like manner upon the attorney of the plaintiff, or left
at his place of
business, shall be valid and effectual, excepting where personal service
upon either party
is by any proceeding, order, or practice of the said Court specially
required a,ud pro-
vided: and all such summonses, demands, notices, and other proceedings
shall be served
before six o'clock at night.,
Return of prneesa
to the Registrar's
office.
dotFendaut to he
entered in the
Registrar's offi6e,
except whereEhe
defendant
intends to admit
the clatmagalnat
him.
SI
ervice of notices
&e'., after the
defendant has
appeared by
attorney.
4'1. And be it further enacted and ordained, that in all suits and
actions where the TiMe Of Ming
declaration or
defendant has entered an appearance to answer any complaint or demand,
the decla- claim.
ration or claim of the plaintiff shall be filed in the office of the
Registrar, and notice
thereof shall be, given to the defendant, or his attorney within one
month after such
appearance, in default whereof the, plaintiff shall be barred from
declaring or malkinti
64
ORDINANCE No. 15 of 1844.
Supreme Court.
claim; and where the defendant does not appear to the said process, and
an appearance
shall have been entered for him by the plaintiff, the declaration or
claim shall be in like
Requisites of manner filed in the office of the Registrar within the time
aforesaid: and such declara-
declaration. 41
Lion or claim shall correspond with the writ of summons, or other
process, in every
material point, and shall state truly, and concisely, the name and
description of the
party suing, and the right in which he sues; the name of the defendant,
and the right
in which he is sued; the nature, extent, and grounds of the cause of
action, complaint,
or demand, and such conclusions as, according to the form of each
particular suit, or
action, the plaintiff shall by law be entitled to deduce therefrom; and
if any argumen-
°tatise or irrelevant matter be stated in the declaration, or claim, the
same being shown
to the Court shall be struck out of the declaration or claim, with or
without the pay-
ment of coats, as the Court shall direct.
Time ofpleading. 42. And be it further enacted and ordained, that in all
canes whore the defendant
has appeared he shall plead, or answer, within eight days next after the
filing of the
plaintiff's declaration or claim, and notice thereof served on the said
defendant or his
attorney (unless upon application to the Court; or to the Chief Justice
at chambers,.
further time be granted to the defendant for that purpose): Provided due
notice to
plead has been given to the defendant, and provided also, that a written
demand o£
plea has been served by the plaintiff or his attorney on the opposite
party after the
expiration of the said night days, and. twenty-four hours have elapsed
after the service
of the said demand; in default whereof the defendant shall be barred from
pleading or
answering thereto, and the plaintiff shall be at liberty to sign
judgment: and in case
the said defendant shall, within the time hereby limited, plead to the
said declaration,
he shall in his plea either admit, deny,, or confess and avoid, all the
material facts
alleged in the declaration or claim of the said plaintiff, and shall
clearly and concisely
state and set forth the same; and if any argumentative or irrelevant
matter be stated
in the said plea, the same being shown to the. Gtourt, shall be struck
out of the plea,
with or without payment of coats, as the Court shall direct.
Requisites of plea.
Declaration to be
flied in
Re~1attar's office
if defendant do
not appear.
to
43. .And be it further enacted and ordained, that in all suits and
actions where
the defendant, having been served with a copy of the writ or process
therein, has not
appeared within the time prescribed by the name, the declaration or claim
shall be filed
by the plaintiff or his attorney in the office of the Registrar of the
Court, having
endorsed. thereon ' Filed for default of appearance, G. H. plaintiff's
attorney, No.
Street, Victoria,' or 'A. B. of plaintiff';' and a copy of the said
declaration or claim shall be served upon the said defendant, or, in case
he cannot be
found, shall be left at his dwelling house or place of abode, together
with a notice in
writing subjoined thereto, and signed by the plaintiff or his attorney,
and containing
his address, informing the defendant that the said' declaration or claim
has been filed
by the plaintiff on his default; and also containing a notice that the
defendant must
plead, or answer thereto, within eight days after such service; and that
in default
thereof he will be debarred from pleading or answering thereto.
ORDINANCE No. 1.5 or 1$44.
Supreme Court.
44. And be it further enacted and ordained, that the plaintiff shall be
at liberty, Within what
time plaintiff
after the filing of the plea, answer, or demurrer, of the defendant,
forthwith to reply to reply.
thereto, and shall be obliged to reply, or answer thereto within eight
lays after the
filing and notice thereof, unless upon application to the Court or to the
Chief Justice
thereof at chambers, further time be given to him for that purpose; and
in default
thereof, and after the expiration of twenty-four hours after a written
demand of replica-
tion has been made and served by the defendant or his attorney,'the
plaintiff shall be
barred from replying or answering thereto, and the defendant shall be at
liberty to sign
judgment of non. pros.
45. And be it further enacted and ordained, that if the replication of
the,said^
plaintiff shall contain any now matter, the defendant shall be allowed to
rejoin to the
said replication, but not otherwise, unless with leave of the Court, or
Chief Justice at
chambers, for that purpose given; and such rejoinder of the defendant
shall be filed,
and notice thereof given, within eight days after the filing and notice
of the replication
or answer of the plaintiff; unless upon application to the Court, or to
the Chief Justice
thereof, further time be given for that purpose; and in default thereof,
and after the
expiration o£ twenty-four hours after a written demand thereof, the
defendant shall be
barred from rejoining thereto, and the plaintiff shall be at liberty to
sign judgment.
48. And be it further enacted and ordained, that whenever it shall happen
that
the plaintiff, by his default, shall be barred from declaring or making
claim, and that
the defendant, by reason of such default, shall be at liberty to sign
judgment against
him for not proceeding in the said cause, such judgment shall be signed
and entered in
a book kept by the Registrar for that purpose: and thereupon the said
defendant shall
Rejoinder -in
what cases and
within what
time.
Judgment
againat tile
plaintiff for not
proceeding in
the canoe.
proceed to tag the costs of the said cause against the plaintiff.
4'l. And be it further enacted and ordained, .that whenever either party
in the Consequences of
default and how
cause shall, by his default, be barred from declaring or making claim
pleading, answer- remedied.
ing, replying, or rejoining, as the case may be, the pleadings therein
shall be considered
as closed: Provided, however, that the party in default may, at any time
before final
judgment, by order of the Chief Justice of the said Court, purge hisasaid
default, and
be admitted to declare or make claim, plead, answer, reply, ox rejoin,
upon an affidavit
of merits and other sufficient grounds, to the satisfaction of the said
Chief Justice,
upon such terms as the said Chief Justice shall impose.
48. And be it further enacted and ordained, that either party may, upon
applica-
tion to the Chief Justice of the said Court at chambers, obtain time to
declare, or make
claim, plead, answer, reply, or rejoin, or an order to amend the
pleadings, or schedule
thereto annexed respectively, upon sufficient cause shown to the
satisfaction of the said
Chief Justice, and upon such: terms as he shall impose.
49. And be it further enacted and ordained, that all pleadings, in any
civil case, Pleadings to be
signed by
shall be signed by a barrister, and filed with the Registrar of the said
Court, within the eonnael, time of
filing pleadings,
office hours, on the day on which the same should°, by any rule or
practice of the said
Court, be filed, and either party in the cause may, at all reasonable
times, search for
,such pleadings, and ask for, and obtain copies of the same, at his own
expense.
Time to declare,
or plead, &c.,
how obtained.- y
d'ocrinnen, ta ry
evidence 1:o be
anno8ed to .
pleadings.
Setting aside
proceedings for
trregalarity.
Setting down
asses for
argument.
ORDINANCE No. 15 oF 1844'.
Supreme Court.
50. And be it farther enacted and ordained, that there shall be annexed
to the
declaration and pleadings, in every civil cause, a schedule of all
documents or papers
which the plaintiff and defendant respectively propose to give in
evidence upon the
trial of the said cause, and inspection and copies of all such documents
and papers
shall be given, if in the possession, or under the control, of either of
the parties
respectively, to the opposite party, or his attorney, upon his request,
and at his expense.
51. And be it further enacted and ordained, that where any proceeding in
a cause
has been irregular or` improper, it shall be competent to the party
complaining of the
irregularity, before taking any,further step therein, to apply to the
Court, in term time,
to see aside such proceedingy a motion for a rule of Court, calling upon
the opposite
party to show cause why the same should not he set aside for
irregularity; and the
Court, upon service of ouch rule, shall make such further order therein
as shall seem fit.
52. And be it further enacted and ordained, that where after the written
plead-
ings in any suit or action are closed, and, the facts therein stated
being admitted the
law arising therefrom only is disputed, either party may set down the
case for hearing
in the paper of cases for argument, upon giving seven days notice thereof
to his
opponent previous to the day for argument; and for that purpose shall
give a note.
thereof to the Registrar of the Court, containing the names of the
parties, their counsel,
and attornies, four days at least before the day appointed for argument,
and shall at
the, same time deposit with the said Registrar, for the use of the Court,
a written
statement of the matters and points of law intended to be argued.. .
setting down
-causes for trial. 5$, And be it further enacted and ordained, that where
after the written plead.
ings in any suit or action are closed, the facts therein stated, whether
dependent upon
documentary evidence, or otherwise, as well as the law applicable
thereto, or the facts
alone, are disputed, the plaintiff may forthwith set down the cause in
the paper of
causes fox trial; and for that purpose shall give a note thereof to the
Registrar cf the
Court, containing the names of the patties, their counsel and attornies,
four days at
least before the day appointed for trial: and in like manner the
defendant may set
down the cause for trial, if the plaintiff shall neglect to do so within
the term next after
that in which issue is joined.
Notice afyrial. 174. And be it furtlier enacted and ordained, that notice
of trial shall be given by
the party setting .down the cause, to his opponent, seven days previous
to the day of
trial; but where it shall be made to appear to the Court, or to the Chief
Justice
thereof at chambers, upon the application of either patty, that the
witnesses in the said
cause, or any of them reside out of, or are absent from the said Colony,
then it shad be
lawful for the said Court, or for the said Chief Justice, to grant such
further tlimQ for
the trial of the said cause, as shall seem reasonable and proper.
Countermanding 55. And be it further enacted and ordained, that the party
giving notice of trial
notice of trial.
may, at any time before the day of trial, countermand the said notice,
upon payixient of
the costs, if any, incurred by his giving such notice and countermand;
such costs to lee
taxed by the Registrar.
OIrDINANC E NO. 15 0F 184.
Supreme Court.
56. And be it further enacted and ordained, that either party desiring the
attendance of any person to give evidence on the trial of a cause, may,
of right; without
any prior proceeding whatsoever, take out from the office of the
Registrar of the Court,
one or more writs o£ subpoena for that purpose; each of which said writs
of subpoena
may contain the name of four persons, and service thereof upon any person
therein
named, shall be made by delivering to him a copy of the said writ of
subpoena, and at
the same time showing him the original, and informing him of the,
exigency thereof;
and any person being so served with a copy of the said writ of subpoena,
a reasonable
time before the day of trial, and his reasonable expenses having been
paid, or tendered
to him, and not having any lawful impediment, shall ohis default, be
liable to be^
attached, fined, and imprisoned, for his contempt of the process of the
Court, without
prejudice to any other claim or remedy the party aggrieved by his default
may, by law,
have against him on that account: and the said writ of subpoena shall, as
near as may
be, be in the form in the schedule hereunto annexed, marked (No. 5.).
5'7, And be it further enacted and ordained, that if any witness shall
have in his ' sabxwwa a«cee
tecran.
possession or control, any deed, instrument, or writing, which the party
requiring his
attendance is desirous to give in evidence, then the said writ of
subpoena shall be in the
form in the schedule hereunto annexed, marked (No. 6.).
5$. And be it further enacted and ordained, that when the testimony of any
witness is in danger of being lost, before the matter to which it relates
can be made the
subject of judicial investigation, either party desiring his testimony
shall apply in term
time to the Court, on motion, or in vacation, upon affidavit, to the
Chief Justice at
chambers, setting forth the particular circumstances under which the same
is made,
that the said witness may be forthwith examined de bene esse, or
conditionally, either
before the Court, or before a commissioner to be appointed by the said
Court for that
purpose, according as such witness resides near to, or at a distance
front Victoria; and
the said Court, or Chief Justice, will thereupon make such order as the
justice of the
case nay require.
59. And be it further enacted and ordained, that it shall and may be
lawful to
and for the said Supreme Court, in all proceedings therein, whether of a
civil or
criminal nature, to order and allow to all persons examined as witnesses
in any such
proceedings, 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 loss of time.
80. And be it further enacted and ordained, that if any person served
with a
subpcena to attend the said Court as a witness in any suit or action
therein, or upon the
trial of any indictment or information, shall refuse or neglect to attend
the said Court
pursuant to such s2ebpcena, 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 hunc'.red dollars, or by imprisonment fox
guy time not
exceeding two calendar months: Provided, that nothing herein contained
shall effect
witnesses.
Subyttnn.
lurprnlnatiop of
witnesses do-
beare Ma.
Allowance of
expenses and
compensation to
witnesses.
pnnislunenG of
witnesses for
non-attendance,
and of persons
guilty of a
contempt of -
Court. .
,:4$~ ORDIl~'A.NCE NO. ~~> of 1844.
Supreme, court.
or abridge the right of any plaintiff or defendant to proceed against any
party for not
appearing pursuant to his mhpmna, for the recovery of any special damage
such
plaintiff or defendant may have sustained by reason of the disobedience
of any such
party.
. $1. And be it further enacted and ordained, that if in' any suit or
action, or in
any proceeding connected therewith, it shall appear to the Chief Justice
of the said
Supreme Court, that any person examined as a 'witness upon oath, or, if a
quaker, on
affirmation, has committed wilful and corrupt perjury, or that any person
in swearing
or affirming, in any affidavit or, affirmation required to be made before
the said Chief
Justice, has been guilty of==fe lite offence, then, and in each and every
such case, it
shall and may be lawful for the said Chief Justice to direct a
prosecution for perjury
to be forthwith instituted against any such person so falsely swearing or
affirming as
aforesaid, in order that he or she may be punished according to law; or,
where such
perjury is committed by any person examined as a witness in open Court,
it shall be
lawful for the said Chief Justice, instead of directing such prosecution
to be instituted
as aforesaid, either to commit such witness, as for a contempt of the
Court, to the prison
of the said Court, for any time not exceeding two calendar months, or to
fine such
witness in any sum not exceeding one hundred dollars: Provided, that
where any
person examined as a witness, or making any statement in the nature of an
affidavit,
shall be of Chinese origin or extraction, the powers bereinbefore given
shall be in full
force and operation, although no oath shall have been administered to
such witness or
person making such statement as aforesaid, or, if administered,
notwithstanding any
irregularity or want of form in the administration thereof.
Court row order. 62. And be it further enacted and ordained, that it shall
be lawful for the said
rt4oueyto.be paid
bytneralmauts. Supreme Court to order and adjudge any sum of money
recovered therein, in any
action or suit whatsoever, to be paid at such time, or intervals of time,
and in such
portions, or instalments, as the circumstances of the case may render
just and expedient:
Provided, that the time within which any such sum of money shall be made
payable,
whether by instalments or otherwise, shall in no case, except with the
consent of the
plaintiff, exceed six months from the time of making such order and
adjudication as
aforesaid:' Provided also, that where the money so recovered shall be
ordered to be
paid by instalments, if the defendant shall make default in payment of
any of such
instalments, the whole of the instalments then remaining unpaid shall
become due, and
the plaintiff shall be at liberty to proceed for the recovery, thereof,
together with all
coats, in the same manner as if no such order as aforesaid had been made.
t:xeeution pf $3. Aid be it further enacted and ordained, that the party
in whose favour airy
judg~rsents, &c. final judgment, decree, or sentence of the said Court, in
any civil suit or action, has
been pronounced or given, where, by law, or by this. Ordinance, there can
be no appeal
to Her Majesty in Council, or where, ,there being such right of appeal,
no petition for
leave to appeal is lodged within the time appointed for so doing, may, at
his own risk,
and without any leave for that purpose, sue out of the office of the
Registrar of the said
ORDINANCE No. 15 of 184.
Supreme Court.
Court one or more writs, or processes for the execution thereof: Provided
that no such
writ or process shall issue against the immovable property of any person,
to raise any,
sum of money, debt, or damages, by the sale thereof, (except where by
sentence of the
Court such immovable property niay be declared to be specially liable to
sale,) until any
writ or process, which may have been issued against his movable property,
shall be first
returned, and the Court shall perceive thereby that the said person has
not sufficient
movable property to satisfy the exigency of the said writ or process; or,
if no such writ
or process shall have been issued, then until upon motion to the said
Court for that
purpose made it shall appear to the satisfaction of the said Court, that
the person, against
whose immovable property such writ or process is desired, has no movable
propprty~
which can be taken in execution of the seutende of the said Court, or not
sufficient to
satisfy tile same: anal no writ or process of execution shall issue for
the levying and
raising of any costs awarded by the said Court to any party, until the
salve shall have
been taxed by the Registrar of the said Court; and, for that purpose, the
plaintiff or
defendant, or attorney of the party obtaining any appointment for
taxation from the
Registrar, shall give due notice to the opposite party of such
appointment, in order that
he may be present thereat: and the Registrar shall, in his taxation and
allowances,
pursue such instructions as shall from time to time be given to him by
the Court for that
purpose; and either party, feeling aggrieved by his decision, may apply
to the Court, Oil
motion, specifying the items, charges, or allowances objected to, that
the said Registrar
may review his taxation.
64. And be it further enacted and ordained, that the judgments, decrees,
and
orders of the said Chief Justice, shall be carried into execution in any
district, or place,
whatsoever within the said Colony and its dependencies, where the
defendant, leis goods
or chattels, may be found or be met with.
.1ndRWenta,'d:e.
may be eaeeyted
uny where within
the Colony. -
85. Provided always, and be it further enacted and ordained, that no writ
of l,erY on
defendant's
execution against the goods, chattels, sad effects of the defendant,
shall be executed goods tebemnde
between sunrise
at any time after sunset, nor before sunrise, and if any officer or
person shall execute 'Ind 'I'llet-
spy such writ after sunset, or before sunrise, such officer or other
person shall be
subject and liable to a fine of not exceeding fifty dollars, which shall
beset 1>y the
Chief Justice of the said Court, and enforced by distress and sale of the
offender's goods.
gg, And be it farther enacted and ordained, that all motions, or special
applies. l,rottons.
bona to the Court, shall be supported by affidavits of the facts or
circumstances upon
which the same are made, which affidavits shall be sworn before the Chief
Justice, or a
Commissioner of the said Court.
g'7. And be it further enacted and ordained, that all memorials,
petitions, and
special applications to the Court, shall be brought before the Court by
motion, in
manner appointed for motions by the sixty-sixth section of this
Ordinance; and all such
memorials, petitions, or applications, shall be delivered to the
Registrar, at his office, the
day before tile same are moved in Court; and the Registrar shall make a
roll thereof, and
call on the same in order; and no such memorials, petitions, or
applications shall be sent'
to tile Chief Justice of the said Court.
Mew orjnn, &C. co
be brought
before the Court
by motion.
writ of error.
Appeal.
ORDINANCE No. 15 ox 184.
,.>'upreme Court.
68. And be it further enacted and ordained, that the Governor, in his
Executive
Council, shall constitute and be a Court of Error and Appeal, to whom it
shall be lawful
for any party to appeal by writ of error, or petition, from any decision,
decree, or
order of the said Supreme Court, in all matters of law and equity, where
the matter
in dispute shall amount to the sum of one thousand five hundred dollars,
but not
otherwise: Provided, that no such writ of error, or petition, shall be
allowed after the
expirajtion of fourteen days next after the decision, decree, or order of
the said Supreme
Court. shall have been pronounced.
89. And he it enacted and ordained, that any person or persons may appeal
to Her Majesty, Her Heirs and Successors, in Council, from any judgment,
decree,
order, or sentence of the said Supreme Court, or of the said Court of
Error, in such
manner, within such time, and under and subject to such rules,
regulations, and
limitations, as are hereinafter mentioned,-that is to say, in case any
judgment, decree,
order, or sentence, shall be given or pronounced for, or in respect of,
any sum or matter
at issue above the amount or value of five thousand lawful current.
dollars of Hongkong;
or in ease such judgment, decree, order, or sentence, shall involve
directly or indirectly,
any claim, demand, or question to, or respecting property, or any civil
right amounting
to, or o£ the value o£ five thousand such dollars as aforesaid, (save and
except where the
matter in dispute shall relate to the taking or demanding of any duty
payable to Her
Majesty, or to any fee of office, or to any other matter or thing in
which the Crown has
an interest, or where rights in future may be bound, or to any general
right or duty, in
any of which cases an appeal shall lie, notwithstanding the value of the
matter or thing
in dispute shall not amount to five thousand dollars,) the person or
persons feeling ag-
grieved by any such judgment, decree, order, or sentence, may, within ono
calendar month
next after the same shall have been pronounced, made, or given, apply to
the said Court,
by petition, for leave to appeal therefrom to Her Majesty, Her Heirs and
Successors, in
Council; and in case such leave to appeal shall be prayed by the party or
parties, who is
or are directed to pay any such sum of money, or perform any duty, the
said Court shall,
and is bexeby empowered, either to direct that the judgment, decree,
order, or sentence
appealed from, shall be carried into execution, or that the execution
thereof shall be
suspended, pending the said appeal, as to the said Court may appear to be
most consistent
with real and substantial justice : and in case the said Court shall
direct such judgment,
decree, order, or sentence, to be carried into execution, the person or
persons in whose
favor the same shall be given, shall, before the execution thereof, enter
into good and
sufficient security, to be approved by the said Court, fox the due
performance of such
judgment, or order, as Her Majesty, Her Heirs and Successors, shall think
fit to make
thereupon: or in case the said Court shall direct the execution of any
such , judgment,
decree, order, or sentence, to be suspended pending the appeal, the
person or persons,
against whom the same shall have been given, shall in like manner,
andbefore any order
for the suspension of any such execution is made, enter into good and
sufficient security
to the said Coort for the due performance of such judgment, or order as
Her Majesty,
Her Heirs and Successors, shall think fit to make thereupon: and in all
cases it is
ORDINANCE No. 15 of 184.
Supreme Court.
required that security shall also be given by the party or parties
appellant, to the satis-
faction of the said Court, for the prosecution of the appeal arid for the
payment of aft
such costs as may be awarded by Her Majesty, Her Heirs and Successors, to
the party
respondent: and if such last mentioned security shall be entered into
within one month
from the date of such petition for leave to appeal, then, and not
otherwise, the said
Court shall allow the appeal, and the party or parties appellant shall be
at liberty to
prefer and prosecute his, her, or their appeal to Her Majesty, Her Heirs
or Successors
in Council, in such manner and under such rules as are observed in
appeals made to
Her Majesty from her plantations or colonies. Provided always, that
nothing herein
contained shall be construed to affect or abridge in any way the right of
any persoai of
persons to present his, her, or their petition or, appeal; against any
judgment, or deteirtni:
nation of the said Court, to Her Majesty, Her Heirs and Successors, in
Council.
70. And be it further enacted and ordained, that in all cases of appeal
allowed by Copies of
the said Court, or by Her Majesty, Her Heirs and Successors, the said
Court shall certify ue forwanaed to
England,
and transmit to Her Majesty, Her Heirs and Successors in Council, a true
and exact
copy of all evidence, proceedings, judgments, decrees, and orders, had or
made in such
cases appealed against, as far as the same have relation to the matters
of appeal: such
copies to be certified under the seal of the said Court.
71. And be it further enacted and ordained, that the said Court shall in
all cases
of appeal to Her Majesty, Her Heirs or Successors, conform to and
execute, or cause to
be executed, such judgments and orders as Her said Majesty, Her Heirs and
Successors
shall think fit to make in the premises, in such manner as any original
judgment
decree, or deeretal order, or other order or rule of the said Supreme
Court of Hongkong,
should or might have been executed.
72. And Whereas, owing to the smallness of the population at present
existing in
the Colony of Hongkong, very great hardship and inconvenience would be
entailed
upon such of the inhabitants thereof as are fit and qualified to act as
jurors, by
requiring, according to the law and custom of England, the full number of
twelve per-
sons to constitute a .jury upon the trial of civil and criminal
proceedings; Be it
therefore further enacted and ordained, that all questions of fact,
whether of a civil
or criminal nature, upon which issue shall be taken in the course of any
proceeding
before the said Supreme Court, and all questions of idiotcy, lunacy, or
unsoundness
of mind, shall be decided by the verdict of a jury of six men.
73. And be it further enacted and ordained, that every male person
between the
ages of twenty-one years and sixty years, being of sound mind, and not
afflicted with
deafness, blindness, or other infirmity, who shall hold property in
lands, houses, build-
ings, or tenements, of the monthly value of twenty-five dollars or
upwards, either in his
owlT right, or as tenant to any other person, or who shall be in the
receipt of an annual
salary orincbxbe of not less than one thousand dollars per an num, within
the said Colony
of Hongkona, and who shall' z'eeide within thessalne; shall lie qualified
and liable to serve
as a common juror therein: Provided, that, no person holding any office
or situation of
Court to, exocittc
judgment in -
appeal. .
Trial by Jury.
Number of
jurors.
Who qualified
and liable to
serve as cothmon
jurors.
f:2
Special jury.
ORDINANCE No. 15 of 1844.
Supreme Court.
emolument under the Government of Hongkong, nor any barrister, physician,
attorney,
or surgeon actually practising as such within the acid Colony, nor any
clergyman,
or dissenting minister, nor any officer employed in the military or naval
service of
Her Majesty, or the East India Company, shall be, or he deemed liable to
serve as a
juror in any case.
'l4. And be it further enacted and ordained, that if either the plaintiff
or the
defendant in any suit or action, or the prosecutor or defendant in any
indictment, or
information, other than for treason, or felony, shall be desirous of
having such suit or
action, indictment or information, tried by a special jury, (such special
jury to consist
.<,)f egg men qualified as hereinafter mentioned) it shall be lawful for
the Court, upon
motion for that purpose, to order and appoint a special jury to be struck
before the
Registrar, or other officer of the Court, for the trial of any issue
joined in any of
the said cases, and triable by a jury, in such manner as is usual in
England, or as the
Court shall direct: Provided that the party applying for.such special
jury, and who
shall have obtained a rule or order of the Court for that purpose, shall
on entering
the cause for trial, deposit with the Registrar, or other officer of the
Court, a sum
sufficient to cover the expenses of the special jury, otherwise the said
rule or order of
the Court to be of no effect.
Qualificationecialjurof 1,/arore.f 76. And be it further enacted and
ordained, that every male person between. the
ages of twenty-one years and sixty years, being of sound mind, and not
afflicted with
deafness, blindness, or other infirmity who shall be an esquire or person
of higher
degree, or who shall carry on the trade or business of a banker or
merchant within the
said Colony of Hongkong, and who shall reside within the same, shall be
qualified and
liable to serve as a special jury therein: Provided, that no person who
is hereinbefore
exempted from serving as a common juror shall be liable to serve on any
special jury.
78, And be it further enacted and ordained, that from and immediately
after the
publication of this Ordinance, the sheriff of the said Colony of Hongkong
shall make or.
cause to be made out, two separate and distinct lists, in alphabetical
order, of all men
who shall be qualified and liable to serve as common or special jurors as
aforesaid,
setting forth the Christian and airnames of each at full length, together
with his place
of abode, and shall sign and transmit copies of such lists to the
Registrar of the said
Supreme Court, which lists when so transmitted shall be called
respectively the:.
°` Common Jurors List,' and the 'Special Jurors List,' and shall be in
use until the
1st day o£ March, 1845.
Penalty nn 'y7. And be it further enacted and ordained, that if any
sheriff, or other minister,
e~ie iioeanty. or officer, shall wilfully insert, or omit, in the lists of
jurors the name of any man which
ought not to be so inserted, or omitted, according to the lists of jurors
so to be made
out as aforesaid, or shall fail to sign and transmit correct copies of
such lists to the
said Registrar as hereinbefore directed, or shall otherwise fail well and
truly to do and
perform all and every the acts, matters, and things, hereby required to
be by him
performed, such sheriff, or other minister, or officer, shall be fined at
the discretion of
the said Court.
ahorlip.to make
=lists and
tranau3lt same
to Registrar.
ORDINANCE No. 15 0F 1844.
Supreme Court.
78. And be it further enacted and ordained, that on or before the first
day of
January which will be in the year of Our Lord one thousand eight hundred
and forty-
five, and on or before the first day of January in each and every
subsequent year, the
said sheriff shall make out, and transmit two fresh jury lists, in manner
and form as
hereinbefore directed; and all such fresh jury lists, when so
transmitted, shall be
brought into use the first dap of March then next following, and shall
continue to be
used for one pear then next ensuing.
'J8. And be it further enacted and ordained, that whenever it shall be
requisite to
summon a jury, the sheriff shall summon the persona whose names shall
appear on the
jury list in the order in which they shall be placed; and, at the
commencement of'
every year, he shall begin with the names in the new list next after the
names of
the persons who were last summoned in the preceding year.
$p, And be it further enacted and ordained, that the sheriff shall,
before the
sitting of any Court whereat a jury shall tie necessary, issue summonses
according to
the form in the schedule hereunto annexed, marked (No. 7.) requiring the
attendance
thereat of eighteen good and lawful men qualified and liable to serve as
aforesaid, and
not being of affinity or kin to either of the parties to the suit or
prosecution; and
that every such summons shall be personally served upon, or left at the
usual place of
abode of, the person summoned, two clear days before the day appointed
for the sitting
of the Court.
Jury lists to be
in use for one
year.
Order of
summoning
Juries.
Summons,
81. And be it further anacted and ordained, that the sheriff shall also,
at the pant),
same time, cause to be delivered to the Registrar, or clerk (as the case
may be), of the
said Court, a panel containing the names, places of abode, and additions,
of the persona
so summoned.
$2, And be it further enacted and ordained, that if any juror having been
duly,
served with such summons, shall fail to attend, or being present shall
not appear when
called, or after appearance shall withdraw himself without the permission
of the Court,
the said Court shall (unless some reasonable excuse be proved on oath or
affidavit) sot
upon the person so making default such fine not exceeding, in the case of
a common
juror, the sum of one hundred dollars, and in the case of a special
juror, not exceeding
the sum of two hundred dollars, as to the said Court shall seem meet.
Penalty for
hon-attendance.
83. And be it further enacted and ordained, that at the sitting of the
Court the Jury to be
balloted for.
names of all the jurors summoned shall be written on separate pieces of
card or paper
of equal size and put into a box, and the Registrar or clerk of the said
Court shall, in
open Court, draw therefrom until six jurors appear, who, after all just
causes of chal-
lenge allowed, shall remain as fair and indifferent, and the same shall
be done whenever
it shall he necessary to form a new jury.
84. And be it further enacted and ordained, that no person who shall be
put No ebaslenge.
N
except foreanser- upon his trial either for treason, felony, or
misdemeanor, shall be allowed to challenge
any of the jurors except for cause..
Supreme Court.
ORDINANCE No. 1.5- of 1844.
85. And be it further enacted arid ordained, that whenever there shall be
a
deficiency of jurors; it shall be lawful for the Court to put upon the
jury so many good
and lawful men of the bystanders, as shall be sufficient to make up the
full number
thereof.
As to jury for $g, And be it further enacted and ordained, that the names
of the persons sworn
new cease.
as jurors, in manner aforesaid, shall be marked on the list; and those
names so drawn
shall be kept apart by themselves -until such jury shall hale given in
their verdict,
and the same shall be recorded, or until such jury shall, by order of the
Court, be
discharged; and then the said names shall be returned to the bog, there
to be kept with
the other names remaining at that time uridrawn; and so often and so long
as any ease
remains to be tried: Provided always, that if any case shall be brought
on to be tried
in the said Court, before the jury in any other' ease shall have brought
in their verdict,.
it shall be lawful for the said Court to order another jury to be drawn
from the residue
of the said papers, for the trial of the case which shall be so brought
on to be tried
Provided also, that where no objection shall be made on behalf of the
plaintiff, or
prosecutor, or on behalf of the defendant,, or prisoner, it shall be
lawful for the Court
to try any case with the same jury that shall have previously tried, or
been drawn to try,
any other case, without their names being returned to the boa and
redrawn, or to order
the name or names of any person or persona on such jury, whom both
parties may
consent to withdraw, or who may be justly challenged or excused by the
Court, to be,
set aside, and another name or other names to be drawn from the bog, and
to try the
case with the -residue of such original jury, arid with such person or'
persons' whose
name or names shall be so drawn, and who shall appear and be approved as
indifferent ;
and so as often and as long as any case remains to be tried.
sowiurrwhen $7. And be it further enacted and ordained, that after the
jury in any case shall
sworn have been sworn, or charged with any prisoner, they shall be kept in
some convenient
cfeoner,au Rio- ,
rent. place in Court apart by themselves, until the Chief Justice of the
said Court has
summed up the evidence, and has left the case with the said jury; and if
any such
jury shall desire to withdraw for the purpose of considering their
verdict, then they
shall be kept by an officer of the Court in some convenient place apart
by themselves
until they are agreed upon their verdict, or be discharged therefrom by
the Court; and,
the said officer shall be sworn that he will suffer none to have access
to them, or speak,
to them, and that he will not speak to them himself, except to ask
whether they are
agreed upon their verdict, or to communicate between them and the Court.
'How jury to be 88. And be it' further enacted and ordained, that whenever
it may be necessary
kept when
necessary to for the Court to adjourn the further sitting of the said
Court during the trial of any
adJoarn the
conrc, case, it shall be competent to the Court to direct the said jury to
be removed to some
convenient place in the neighbourhood of the Court during the said
adjournment, under
the charge of a proper officer of the Court.
in caaeordeath 89. And be it further enacted and ordained, that whenever
it shall sufn'ciently
or disability of
jnror,3ury may appear to the Court, before whom any- action, indictment,
or info rmatiori, is to be' tried;
be discharged.
that the said jury, by reason of the death or bodily infirmity of any of
them, shall lie -
ORDINANCE No. 15 or 184.
Supreme Court.
disabled from returning a verdict, then the said Court shall discharge
such jury, and shall
cause a new jury to be impannelled, sworn, and charged with any prisoner;
and the said
action, indictment, or information shall be tried as if such first jury
had not been
impannelled.
90. And be it further enacted and ordained, that whenever the jury in any
case
has withdrawn, and been kept apart for the purpose of considering their
verdict, and
shall not have returned the same before all the other cases for trial at
the same sittings
or sessions shall have been disposed of, and when it shall sufficiently
appear to the
Court that the said jury cannot agree upon a verdict, the Court shall
discharge such
jury, and shall cause a new jury to be impannelled, and sworn, and
charged with:any'
prisoner, and the action, indictment, or information, shall be tried as
if such first ,jury
had not been impannelled.
91. And be it further enacted and ordained, that the verdict of the jury
shall in
all cases be given by the foreman, in open Court, and in the presence of
all the said
jury, and, if a criminal proceeding, in the presence of the prisoner, and
shall be there-
upon recorded 1>y the Registrar of the said Court; and the said Registrar
shall before
taking the said verdict ask if they are all agreed thereon, and whether
they find for the
plaintiff, or for the defendant, and in the case of a prisoner whether
they find such
prisoner ' Guilty' or 'Not Guilty;' and the said jury shall either
pronounce a general
verdict for the plaintiff, or defendant, or of 'Guilty' or 'Not Guilty,'
or else, shall
return a special verdict finding the facts of the case: Provided always,
that the said jury
may acquit any prisoner of a part of the charge against him, and find him
guilty of the
remainder.
92. And be it further enacted and ordained, that for the purpose of
bringing a
criminal case under the cognizance o£ the said Court, an indictment or
information,
duly signed by the Attorney General, or, in his absence,'by the Colonial
Secretary, shall
be as valid and effectual in all respects as if the same'had been
presented by a grand
jury.
93. And be it further enacted and ordained, that the process o£ the said
Court
for summoning the defendant to answer any indictment or information, and
fur the
service of a copy of the indictment or information, on any defendant
therein named,
shall be by writ sued out by the Registrar of the said Court, or when
tile prosecution
is at the instance of a private party, by the prosecutor or his attorney,
and the same
shall be directed to the sheriff of the said Colony in the form, or as
near as may be, in
the schedule hereunto annexed, marked (No. 8.).
94. And be it further enacted and ordained, that the said Registrar or
his deputy Notice of trial
on indictment
in Crown cases, or the prosecutor or his attorney shall indorse on, or
annex to, every or information.
indictment or information, and every copy of any indictment or
information, delivered
to the sheriff for service thereof, a notice of trial; which notice shall
specify the Court
before which, and the particular session and time when, he will bring the
defendant to
trial on the said indictment or information; and which shall be as near
as may be in
the form in the schedule hereunto annexed, marked (No. 9.)..
In case jar).
cannot agree
upon verdict.
Verdict.
Indictment or
information.
Process for
summoning
defendant on
indictment, or
information.
ORDINANCE No. 15 of 1844.
Supreme Court.
Ptosectsfor to
deliver to.~
sheritYyroess,
CORY of -
in or
Information and
notice of trial.
Time and mode
of summoning
defendant on
indictment or
information.
Return of service
of copy of
-indictment, &c.
Proceedings on
non-appearance
of defendant
thereon.
Proceedings on
non-appearance
pf prosecutor
after notice of
trial.
95. And be it further enacted and ordained, that the said Registrar, or
his deputy
or the prosecutor or his attorney shall deliver, or cause to be delivered
to the sheriff,
together with the process of the Court for summoning the defendants the
copy of the
s
indictment or information, with noti(:e of trial indorsed on the same, or
annexed thereto;
and, if there are more defendants than one, then as many copies and
notices as there
are defendants; sod, if the prosecution be at the instance of any private
party, the
prosecutor shall also, at the'same time, pay to the said sheriff his
lawful costs and
charges ,for serving the same.
96. And be it further enacted and ordained, that the sheriff shall, as
soon as may
s be,%fter having received a copy ox copies of the indictment or
information, and notice
or notices of trial, and the process of the Court for serving the same,
and, ten days at
least before the day therein specified for trial of the said defendant or
defendants, by
himself, or his deputy, or other officer, deliver to the said defendant
or defendants, the
said copy or copies, and notice ox notices, and explain to him, her, or
them, the nature
and exigency thereof; and when the said defendant or defendants, or any,
or either of
them, cannot be found, he shall leave a copy or copies of the said
indictment or
information, and notice or notices bf trial, with some one of his, her,
or their household
for him, her, or them, at his, her, or their dwelling-house or with some
one o£ his, hex,
or their clerks, for him, her, or them, at his, her, or their counting
house, or place of
business, and, if none such can be found, shall affix the said copy ox
copies, and notice
or-notices, to the outer, ox principal door of the said dwelling-house or
houses.
97. And be it further enacted and ordained, that the officer serving the
copy ox
copies of the said indictment or information, and notice or notices,
shall forthwith
transmit to the Registrar of the Court, a copy of the return o£ the mode
of service
of the said indictment or information indoraed on the writ or process for
serving the
same.
98. And be it further enacted and ordained, that when it shall appear by
the
indorsement made on the writ or process by the officer executing the
same, that the
copy or copies of the indictment or information, and notice or notices of
trial have been
duly served in manner hereinbefore provided,--and the -defendant or
defendants, on
being thrice called on the day appointed for the said trial aoes, or do
not appear, it shall
be competent for the prosecutor to move the Court, 'if tli~e2fendant or
defendants have
been admitted to bail, that he, she, or they, and his, he, or their
sureties may be
called upon their recognizance or recognizauces, and in default of his,
her, or their
appearance that the same may be entreated ; and it shall also be
competent for the
prosecutor to apply to the Chief Justice of the said Court for his
warrant for the
apprehension of the said defendant or defendants.
£19. And be it further enacted and ordained, that; if the prosecutor or
his attorney,
having given notice of trial, shall not appear in Court to prosecute or
prefer the said
indictment or information, before the close of the session of that Court,
before which
he gave notice for trial, it shall be competent for the defendant or
defendants to move
the Court to discharge him, her, or them, therefrom; and when the said
defendant ox
ORDINANCE No. 15 of 1844.
Supreme Court.
defendants, or any other person on his, her, or their behalf, has, or
have been bound by
recognizance for the appearance of the said defendant or defendants so to
take his,
her, or their trial, then that the said recognizance may be discharged;
and, where the
indictment or information is at the instance of a private party, it shall
also be competent
to the defendant or defendants to move the Court that the said private
prosecutor or
prosecutrix and his, or her sureties shall be called oil their
recognizance, and, in default
of his, or her appearance, that the same may be estreated.
100. And be it further enacted and ordained, that the subpwna, or process
of
the Court, for procuring the attendance of any person before the said
Court to give
evidence in any criminal case, shall be sued out of the Registrar's
office by the Regisirar
thereof, or, where the prosecution is at the instance of a private party,
by the prosecutor
or his attorney, or by the defendant or defendants, or his, her, or their
attorney; and
the same shall be delivered to the sberiff, at his office, for execution
thereof, together
with so many copies of the subpoena as there are persons to be served
therewith.
101. And be it further enacted and ordained, that the names of four
witnesses
may be inserted in one aubpama, and they shall be described therein with
such certainty
that the summoning officer may be able readily to find them : and the
form of the said
aubpcena shall, as near as may be, be according to the like form
established in the said
Court in and for civil cases. `
102. And be it further enacted and ordained, that when the prosecution is
at the
instance of a private person, he, or she, or some one on his behalf,
shall, at the time of
delivering the said subpoena, and copies thereof, also pay to the said
sheriff his lawful
costs and charges for executing the same, together with such further sum
or sums of
money as the said private party intends the said sheriff to give or
tender to the said
witnesses respectively for their travelling expenses.
103. And be it further enacted and ordained, that service of any subpoena
upon Service of
subp~na.
any person therein named to give evidence, shall be made by delivering to
him, or her,
or by leaving with some one of his, or her household for him, or her, at
his, or her
dwelling-house, or with some one of his-or her clerks at his or her
counting house or
place of business, when he, or she, cannot be found, a copy of the said
nubpcena, and the
summoning officer, shall, at ~hd same `time, show him, or her, or the
person with whom
such copy is left, the originate, and shall inform him, or her, of the
exigency thereof;
and the said officer shall in all cases indorse on, or annex to, the
original, a return of
the manner of his execution thereof, and shall transmit the saine to the
Registrar of the
Court.
104. And be it further enacted rind ordained, that the prisoner or
prisoners to
be tried on any indictment or information, shall be placed at the bar
unfettered, unless
the Court shall see cause otherwise to order; and the indictment or
information
be read over to him, her, or them, by the Registrar, or other officer of
the Court, and
explained, if need be, by that officer, or the interpreter of the Court;
and such prisoner
or prisoners, shall be required to plead instantly thereto; unless where
the prisoner or
Process for
procuring
attendance of
witnesses on
criminal cases.
How many
witnesses in one
Private
prosecutor to
pay sheriff's v
coats together
with expenses.
Pleading to
indictment or
information..
ORDINANCE No. 15 or 1844.
.Supreme Court.
prisoners is, or are entitled to service of a copy of the indictment or
information, he,
she, ox they, shall object to the want of such service, and the Court
shall find that he,
she, or they, has or have not been duly served therewith.
105. And be it further enacted and ordained, that if any prisoner, being
arraigned
upon, or charged with any, indictment ox information, will not answer to
the indictment
or information, the Court shall, if it shall so think fit, order the
Registrar to enter a
plea of 'not guilty' on behalf of such prisoner, and the plea so entered
shall have the
same force and effect as if such prisoner had actually pleaded the same;
or else the
Court shall thereupon cause a jury to be impannelled to try whether the
prisoner be
of mund or unsound mind; and if lee, or she, shall be found to be of
unsound mind,
the Court shall make such order touching the safe custody of the said
prisoner as to
the Court shall seem just and proper; and if he, or she, shall be found
of sound mind
the Court shall proceed with the trial of the said prisoner.
108. And be it further enacted and ordained, that the Registrar, or other
officer
of the Court, shall note the plea of the said prisoner upon the
indictment, or annex
the same thereto.
10'x. And be it farther enacted and ordained, that the prisoner upon the
general
plea of 'snot guilty;' shall, without any further form, be deemed to have
put himself,
or herself, upon the jury for trial; but when he, or she, shall plead any
special plea,'
the prosecutor shall forthwith verbally reply to the same, unless further
time be
granted to him, or her, by the Court, for that purpose, and the Registrar
or the officer
of the Court shall note such replication upon the indictment, ox
information, or annex
the same thereto, and the Court shall forthwith dispose thereof, or such
further
proceedings shall be had thereon as to the said Court may seem meet.
108. And be it further enacted and ordained, that before the jury are
charged
with the trial of any prisoner, or during the progress of any such trial,
it shall be
lawful fox the Court to amend the indictment ox information in any matter
of form
not calculated to prejudice or mislead the prisoner, in his ox her
defence.
109. And be it further enacted and ordained, that as soon as the prisoner
shall
have put himself, or herself, upon the jury for trial, and the Court
shall order a jury
for the trial of such prisoner accordingly, or for the trial of any
special issue arising
upon the record, the said jury shall be thereupon called, shorn, and
charged, in manner
provided for that purpose.
110. And be it further enacted and ordained, that no judgment upon any
indict-
ment, or information, whether after verdict of the jury, or upon
confession of the
prisoner, ox otherwise, shall be stayed or reversed, except upon
objections arising upon
the said indictment or information, as on record, and whereby the
proceedings thereon
are rendered erroneous or defective.
111. And be it further enacted and ordained, that no such judgment shall
be
stayed or reversed for want of the averment of any matter unnecessary to
be proved;
nor because any person or persons mentioned in the indictment or
information, is, or
are, designated by name of office or other descriptive appellation,
instead of his or their
Refusal to plead.
Noting pica.
Effect of plea
of snot guilty,'
or of special plea.
Amendment of
indictment or
Information,
when the jury
shall be charged
with prisoner.
Judgment not to
be reversed,
except upon
objections
arising upon
race:d,
Judgment not to
be reversed for
want of
avermente
of immaterial
matter, Sac.
ORDINANCE No. 1 ') oF 1844.
Supreme Court.
proper name or names; nor for omitting to state, or erroneously statink,
the time or
place at which the offence was committed, in any case in which time or
place is not of
the essence of the offence, provided that the Court shall appear by the
indictment or
information to have had jurisdiction in the case; nor on the ground of
any objection
to the form or relevancy of the indictment or information which, if
stated before the
jury were impaunelled, or during the process of the trial, might have
been amended by
the Court; nor because of any error committed in summoning the jury, or
any of
them; nor because any person who has served upon the jury has not been
returned by
the sheriff; nor because of any objection which might have been stated as
a ground of
challenge of any of the jurors, except the objection of minority.
112. And be it further enacted and ordained, that in all matters and
proceedings
in the said supreme Court there shall be taken and allowed such fees as
the Court shall
from time to time order and direct; and that the fees specified in the
schedule hereunto
annexed, marked (No. 10.) shall be the lawful fees to be taken and
allowed in the said
Court (other than in proceedings under the summary jurisdiction thereof
as hereinafter
provided), unless and until the Court shall otherwise order and direct.
And all fees
received by the Registrar, as well as those' received by the inferior
officers of the Court,
shall be accounted for quarterly by them respectively to the Colonial
Treasurer.
113. And be it further enacted and ordained, that the said Court shall
have full
power and authority to hear and determine in a summary way, anq without
the inter.
vention of a jury, all disputes and differences between party and party,
touching any
matter of debt, breach of covenant or promise, injury to the person or
property, ox
other matter, where the debt or damages sought to be recovered shall not
exceed the
sum of one hundred dollars, except the matter in question shall relate to
the title of
any lands, tenements, or hereditameuts, or to the taking of any duty
payable to Her
Majesty, or to any fee of office, or other matter, where rights in future
might be bound,
or to any general right or duty; Provided, that no party shall be
precluded or exempted
from suing or being sued under the aforesaid summary jurisdiction by
reason of his or
her not having attained the full age of twenty-one years, or by reason of
coverture
where the husband shall not be resident within the said Colony of
Hongkong.
114. And be it further-enacted and ordained, that no cause of action or
complaint
which shall exist at any, one time end shall amount in the whole to a sum
exceeding the
sum of one hundred dollars as aforesaid shall be split or divided, so as
to be made the
ground of two or more different actions or complaints, in order to bring
such cases
within the summary jurisdiction created by this Ordinance; but if the
Chief Justice of
the said Court shall find that the plaintiff in any case shall have split
his cause of
action or complaint as aforesaid he shall dismiss the said action or
complaint with the
ordinary costs of a dismissal, without prejudice however to the
plaintiff's right to sue
upon such cause of action or complaint in such other manner as he
lawfully may: Pro-
vided, that if such plaintiff shall be satisfied to recover such sum as,
according to this
Ordinance, the summary jurisdiction of the said Court is made to extend
to, iii fill of
the whole, of such his demand, then the said Chief Justice shall and may,
if such plaintiff
Fees.
Summary -
jurisdiction of
Court.
No cause of
action to be split,
bat the Court
may docile
thereon if
plaintiff be
satisfied to
receive the sum
awarded in full
of all demands.
Power to
examine
plaintiffs
and defendants
on oath and to
award costs, dcc.
prescribed in
schedule.
Court may
dismiss action or
complaint with
Consequences of
not proceeding
under summary
jurisdiction:
ORDINANCE No. 15 of 1844.
8uprenae Court.
shall satisfactorily prove his case, make and pronounce an order or
decree for such
plaintiff for such sums as shall in such case be demanded by the process,
so as such sum
does not exceed the summary jurisdiction created by this Ordinance: and
the same
shall be expressed in such order or decree to be, and shall be, in full
discharge of the
whole of such demand, and shall be a full and complete bar to any other
action or
complaint, which may be brought or made thereon in the same or any Court
whatever.
No summary 115. And be it further enacted and ordained, that nothing
herein contained
jnridetton in
eerafn oasis relating to the summary jurisdiction aforesaid shall extend
to any, debt being the
disputed balance of an unsettled account orginally exceeding one hundred
dollars, nor
to any debt, or supposed debt, for any money or thing won, or alleged to
have been
won, at or by means of any horse-race, cock-match, wager, ox any kind of
chance,
gaming, or play, or to any debt for which there has not been a contract,
acknowledg-
ment, undertaking, or promise to pay, whithin three years before the
taking out of the
summons.
11$. .And for the better discovery o£ the truth, and ore speedily
obtaining
the end of such actions or complaints, be it further enacted and
ordained, that it shall
and may be lawful for the said Chief Justice to examine the plaintiff or
plaintiffs,
defendant or defendants, viva voce on their several corporal oaths; and
that it shall be
lawful for the said Chief Justice to award costs in all actions or
complaints, heard and
determined under the aforesaid summary jurisdiction, and to allow to the
plaintiff or
defendant, and to his, her, or their witnesses such reasonable sum or
sums of money
for his, her, or their attendance and loss of time as he the said Chief
Justice shall think
fit.
11'l. And be it further enacted and ordained, that the several
proceedings, orders,
decrees, and dismissals, which shall be taken, prosecuted, made, and
pronounced in
pursuance o£ the aforesaid summary jurisdiction, shall be in the form
prescribed in the
schedule hereunto annexed, marked (No. 11.) or as near thereto as
circumstances will
admit.
118. And be it further enacted and ordained, that it shall be lawful for
the said
Chief Justice, and lie is hereby authorized and empowered, to dismiss any
such action
or complaint before him with costs, and either on the merits, or without
prejudice to
further or other proceedings, as he shall think fit. `
119. And be it further enacted and ordained, that if any action or suit
shall be
commenced in the Supreme Court of Hongkong for any debt, or damages,
other than
hereinbefore excepted, not exceeding the sum of one hundred dollars, and
recoverable
under and by virtue of the summary jurisdiction given by this Ordinance,
the plaintiff
or plaintiffs in such action or suit shall not by reason of any verdict
for him, her, or
them, or otherwise, be entitled to any costs whatsoever; and if the
verdict shall be given
fox the defendant or defendants in such action ox suit, and the Chief
Justice of the. said
Court shall think fit to certify _that such action or suit ought to have
been brought and
tried before him under the summary jurisdiction of the Court, then such
defendant or
ORDINANCE No. la or 184.
Supreme Court.
defendants shall have double costs, and shall have such remedy for
recovering the
same as any defendant or defendants may have for his, her, or their costs
in any case
by law. '
120. And be it further enacted and ordained, that no person whatever
shall be
permitted to appear and act in any such summary proceeding for or on
behalf of any
plaintiff or defendant therein, unless it shall be first proved to the
satisfaction of the
Chief Justice of the Court that such plaintiff or defendant is prevented
by some
unavoidable necessity, or some good and sufficient cause, from attending
such Court in
person.
121. And be it further enacted and ordained, that the provisions:
hereinbsfore
made with respect to the non-attendance of witnesses pursuant to their
aubpcencca, and
to persons guilty of a contempt of the Court, shall apply to and be in
force as to all
matters-and proceedings under the summary jurisdiction of the said Court.
122. And be it further enacted and ordained, that the provisions
hereinbefore
made with respect to persons guilty of wilful and corrupt perjury shall
apply to and be in
force as to all matters proceedings under the summary jurisdiction of the
said Court.
j123. And be it further, enacted and ordained, that in each and every
case within
the summary jurisdiction o£ the Court where the Chief Justice thereof
shall have made
any order or decree for the payment of money, it shall and may be lawful
for the said
Chief Justice, at the prayer of the party so prosecuting such order or
decree, to issue
a precept signed by the said Chief Justice, in the nature of a writ of
fieri facias, or
capias ad satisfaciendum, which precept shall be directed to one or more
bailiff ox bailiffs
of the said Court who is and are hereby authorized and empowered to levy
the amount
thereof of the goods chattels and effects of the defendant, or to arrest
the defendant, as
the case may be: Provided, that it shall be lawful for the said Chief
Justice and he is
hereby empowered and authorized, when thereto required by the plaintiff
in any suit or
proceeding wherein such precept or writ may be issued, to appoint one or
more special
bailiff or bailiffs, to be named by the said plaintiff, to execute such
precept or writ
upon. receiving from such plaintiff full and sufficient security against
any improper use
or abuse of such precept or writ.
124. And be it further enacted and ordained, that all such orders and
decrees
shall and may be carried into execution in any district or place
whatsoever withii~he
said Colony where the defendant, his goods, chattels, or effects may be
found or be met
with: Provided, that all executions and processes against the goods,
chattels, and
effects o£ the defendant shall be executed between sunrise and sunset, in
like manner as
is hexeinbefore provided with respect to such executions; and that any
officer or person
,executing the same at any other time shall be liable to the same fine as
is hereinbefore
also provided in such cases.
Plaintiffs and s
defendants to
attend personally
unless
unavoidably
prevented.
Witnesses not
attending, and
parsons gull ty
of oontompt, how
punished.
Perjury.
Execration.
Power to appoint
special bailtffs.
Orders and
decrees map be
executed any-
where within
the Colony.
Time of levy.
-. , 125. And be it further enacted and ordained, that for the purpose of
preventing erode of
proceeding u
any disputes as to the mode of executing the said last, mentioned writ or
precept, the the writ of -
execration. -
same shall be executed in the following manner; that is to say, that the
bailiff or bailiffs
be directed, in the .$rst instance, to levy on the goods, chattels, and
effects.of the
ORDINANCE No. 15 0F 1844.
Supreme Court.
Ptovieo as to
disputed claim
to goods, &c.
Imprisonment by
Court
processnof to
ot
exceed three
months.
defendant, and that, in the event of such bailiff or bailiffs not being
able to find any goods,
chattels, or effects of the defendant, and the defendant failing to point
out to his or their ~
notice any goads, chattels or effects whereon to levy the amount, it
shall and may be ''
lawful for the said bailiff or bailiffs to enforce the order, or decree
of the Court by the
personal arrest and imprisonment of the defendant as hereinafEe s
mentioned: Provided, . t
that if previous to the sale of the property so levied upon a disputed
claim shall be made Si
thereto, and such claim shall be deposed to on oath before a Magistrate
by the party
4
s claiming the same, or by some person on his or her behalf the bailiff or
bailiffs, on
payment to him, or them, ox either of them, of the costs of the levy by
such party, or
other person claiming on his or her behalf, shall release such property,
from the
execution, and proceed to enforce the order or decree of the Court by
levying upon
other goods, chattels, and effects of the defendant, if any can be found
or pointed out
to him or them, or by arresting the body of the defendant as hereinbefore
is directed.
126. Provided always, and be it further enacted and ordained, that every
such
defendant who shall be arrested and taken in execution under the process
of the said
Court, as last aforesaid, shall and may be imprisoned in the prison of
the said Court,
and shall be there detained for a space of time not exceeding three
calendar months,
unless before the expiration thereof, the order or decree of the said
Court shall have
been satisfied; and in case such order, or decree, shall not then be
satisfied, such
Liability of defendant shall be discharged from such prison; but it shall
be lawful for the
future effects.
complainant at any time within three years after such order, or decree,
to take out
fresh execution against any estate, or effects which such defendant may
have become
possessed of, or entitled to, until such order, or decree, shall be fully
satisfied.
Ex¢cution not to
Court may order
money to be paid
by Instalments.
12%, And be it further enacted and ordained, that no execution awarded
against
the goods of any party or parties shall extend to, or be construed to
extend to deprive
` any landlord or landlords of the power vested in such landlord or
landlords by an act
passed in the eighth pear of the reign of Her late Majesty Queen Anne,
intituled, 'An
Act for the better security of Rents and to prevent frauds committed by
Tenants' of
recovering one year's rent by virtue of, and in pursuance of the said Act.
12$. And be it further enacted and ordained, that it shall be lawful for
the said
Chief Justice, whenever it shall appear to him that the levy of the full
amount of any
such order, or decree, of the said Court at one time may be attended with
great distress
to the defendant, and that such distress may be avoided or lessened by
enlarging the
time for satisfying such order, or decree, to order and direct the amount
thereof,
together with the costs and charges, to be levied by instalments, at such
stated times,
and in such proportional amounts, as shall be expressed in such order,
and as shall be
reasonable and just: Provided, that the time for satisfying any such
order, or decree,
shall not exceed three months from the time of making such order as
aforesaid:
Provided also, that in case such defendant shall fail to pay any such
instalment agreeably
to such order, in every such case the plaintiff may proceed to take out
execution for
the amount of such order or decree, and the costs and charges thereof,
then remaining
due and unsatisfied, in like manner as if no such order as aforesaid had
been made.
ORDINANCE No. 15 or 184.
Supreme Court.
129. And be it further enacted and ordained, that all orders, and
decrees, or orders to be
other decision, so to be made or pronounced by the said Chief Justice in
any such
summary proceeding as aforesaid, shall be final and conclusive to all
intents and
A
purposes whatsoever.
130. And be it further enacted and ordained, that in case any action or
suit, Actions against
shall at any time hereafter be commenced, or brought against any officer,
or officers of
the said Court, or against any other person or persona, for any thing
done in pursuance
of, or under the authority of this Ordinance, it shall and may be lawful
for such officer
or officers, or other person or persons, in every suit or action to plead
the general Genera gene:
issue, and give this Ordinance, and the special matter in evidence: and
in case''thee
plaintiff or plaintiffs, in such action or suit, shall have a verdict
passed against him or
them, or be nonsuit, or discontinue his, her, or their action or suit,
the defendant or
defendants shall in any of the said cases be allowed double costs.
131. And be it further enacted and ordained, that no action or complaint,
or Proceedings not
to 6e set aside
other proceeding under the summary jurisdiction given by this Ordinance
shall be for want.orrorm.
treated or considered as invalid, or subject to be set aside, on account
of any verbal or
technical error; but that all errors and mistakes not having a tendency
to mislead the
opposite party shall and may, in all cases, be amended or alter®d by the
Court.
Allowance and,..-
reeovary off8ee.,:
132. And be it further enacted and ordained, that in all actions and
complaints
or other proceedings under the summary jurisdiction given by this
Ordinance, the
fees specified in the schedule hereunto annexed, marked (No. 12.) shall,
unless and
until otherwise ordered and directed, be established, and be deemed and
taken, as
the lawful fees and emoluments for the discharge of the several duties
therein
specified; and the Chief Justice of the said Court shall have full power
to compel the
payment thereof in a summary way, by order, and on nonpayment, by warrant
of
distress and sale, under his hand and sealed with the seal of the Court;
and the said Registrar to
receive and
fees shall be received and accounted for by the Registrar of the said
Court, and be aeeonnt for fees.
paid over quarterly to the Colonial Treasurer for the public uses of the
said Colony.
133. And be it further enacted and ordained, that any poor person, before
com-
mencing or defending any action or suit in the said Court, in his own
right, or
becoming poor during the progress thereof, may apply to the Court, on
motion, for
leaveto sue or defend as a pauper, which motion shall be supported by an
affidavit of the
party so applying, and of two householders living in his neighbourhood,
that ho is not
possessed of property to the amount of fifty dollars in value, exapting
household
goods, wearing apparel, tools of trade, and the matter or thing claimed
by him in the
action or suit, if he be plaintiff, and thereupon it shall be referred to
a barrister of
the said Court, to consider the said case; and upon the party so applying
producing
a certificate signed by such barrister, that he has considered the case
of the said party,
and believes him to have a good cause for action, or defence, as the ease
may be, it
shall be lawful for the said Court to grant a rule to the party applying
calling upon
the opposite party to show causes why the applicant should not be allowed
to suet or'
Right to sue or
defend in fmmd
pauperia.
Appointment of
barrister and
attorney to
appear for
pauper.
No fees to be
taken in pauper
causes.
When privilege
of suing or
defending as a
pauper to cease.
Interpretation
clause.
ORDINANCE No. 15 oh 1844.
Supreme Court.
defend, (as the case may be) in forrrac2 pcracperis, and unless
sufficient cause be shown
against the said rule the same shall be made absolute.
134. And be it further enacted and ordained, tl>rat if the party applying
to sue or
defend as a pauper, in any case not being within the summary jurisdiction
of the
Court, shall also pray that any barrister, or attorney consenting
thereto, may be
appointed to appear for him, the Court will so order; or else will
appoint a barrister
and attorney, or other persons duly authorized to act an such, to appear
for the said
party.
1135, And be it further enacted and ordained, that no fee shall be taken
by any
barrister or attorney, or officer of the Court, from any person admitted
to sue or
defend as a pauper, for anything done in the conduct of the cause; but if
he succeed
and the costs should be awarded to be paid by his opponent, then the
barrister and the
attorney of the said party, and the officers of Court, shall be entitled
to, and shall
receive, all such fees, as the Registrar of the Court shall allow to them
on taxation.
136. And be it further enacted and ordained, that any person having been
so
admitted to sue or defend as a pauper, and becoming of ability during the
progress of
the cause, or misbehaving himself therein by any vexatious or improper
conduct o0
proceeding, or wilfully delaying the cause, shall on the same being shown
to the CoQrt,
be deprived of all the privileges of such his admission.
13'x. And be it further enacted and ordained, that in the construction of
this
Ordinance wherever in describing any person or party, matter or thing,
the word
importing the singular number or the masculine gender only is used, the
same shall be
understood to include and shall be applied to several persons or parties
as well as ono
person or party, and females as well as males, and several matters or
things as well as
one matter or thing, respectively, unless there be something in the
subject or content
repugnant to such construction.
SCHEDULE (No. 1.) ~1~ec. 31.
Writ of Capias ad Responderadwni.
yes of capias ad VICTORIA, by the Grace of God of the United Kingdom of
Great Britain and Ireland Queen,
Reepmuieaulu»a.
See 1. Defender of the Faith, to the Sheriff of the Colony of Hongkong, or
his la-Arfnl Deputy,
Greeting: -
We command you that. you take C. D. of Street in Victoria, merchant, (or as
the case may be) if he be found in this Colony, and him safely keep,
until he shall have given, you bail.
. , or made deposit with you according to law, or until the said C. D:
shall by other lawful means be
discharged from your custody, so that he appear before our Chief Justice
of the Supreme Court of our
said Colony at Victoria within eight days after the execution hereof on
him, inclusive of the day of such
execution, then and there to answer A. B. wherefore he hath not ['° paid
to the said A. B. the sum of
dollars of good and lawful money current in the said Colony which he owes
to and unjustly detains from him' or 11 hath not delivered to the said A.
B. a certain boat together with
its oars furniture Scc.' or 'other movable thing which the said C. D,
unlawfully detains from the said
A. B.', or 'hath not satisfied the said A. B. his damages, which the said
A. B. hath sustained in respect
ORDINANCE No. 15 or 1844.
Supreme Court..
of &c:', (.stating and nwong m injzcrp/ committed by the defendant as
tlu case may be) as it is said :) and
in default of such appearance after having given a bail-bond, the
plaintiff may proceed against the
sheriff or on the bail-bond; and we do further command you, that on
execution hereof, you do deliver
a copy hereof to the said defendant; and we do further command yon, that
immediately after tho
execution hereof, you do return this writ to our said Supreme Court of
Hongkong, together with the
manner in which you shall have executed the same and the day of the
execution thereof.
Witness The Honorable John Walter Hulme,
Our Chief Justice of our said Colony at Victoria,
the day of
in the
G. H. No.
Street, Victoria,
Plantiff's Attorney
(or if the 1rlai>ati.g site in person)
A. B. of
Plaintiff.
SCHEDULE (No. 2.) Sec. 31.
Form of Bail-bond.
KNOW all men by these presents that we C. D. of
and 1.. M. of
sheriff of the Colony of Hongkong in the penal sum of dollars (du2ibln
the a2cnc or value of the thing mentioned in the writ) of good and lawful
money current in the said
Colony, to be paid to the said sheriff, or his certain attorney,
executors, administrators, or assigns; for
which payment to be well and faithfully made we bind ourselves, and each
of us for himself, in the
whole, our and every- of our heirs, executors, and administrators, firmly
by these presents. In witness
whereof we have hereunto set our hands and seals thin
in the 1 ear of our Lord
are held and firmly bound to
Year of oar Reign.
Bn11-Loud to tho
SherI1P. Sec, 31.
day of
The condition of this obligation is such that if the above bounrlen C. D.
do appear in person, or by his conaltlan,
attorney, before the Chief Justice of the Supreme Court of our Lady the
Queen of the Colony of
Hongkong on the day of to answer A. B. wherefore
(follunri.ng the statement in the 7zrit of Ccrqriaa ad Xespondcndunz)
and also shall stand to, abide, and
perform the judgment of the said Court thereon, or render himself to the
prison of the said Court in
execution thereof, and shall not remove or withdraw any of his property
from and out of the jurisdiction
of the said Court, then this obligation to be void, otherwise to remain
in full force.
Signed sealed and delivered
in the presence of
M. N.
U. P.
C. D.
L. bi.
SCHEDULE (No. 3.) See. 3n.
1''orm of Writ of Slnlanows in Ordinary cases.
VICTORIA, by the Grace of God of the United Kingdom of Great Britain and
Ireland Queen,
Defender of the Faith, to the Sheriff of the Colony of Iiongkong, or his
lawful Deputy,
Greeting:-
Command <.'. D. of
that justly and without delay he render to A. B. the sum of
Ylritro£'Suitiio'or
SM.'
Street, Victoria, merchant (or as the case many be)
dollars
ORDINANCE No. 15 ox 1844.
~I~upreme Court.
of good and lawful money current in the said Colony which he owes to and
unjustly detains from him,
(or 'perform ' that wlaicla the plaintiff claims or demands to be
performed, or 'satisfy the damages'
which the plaintiff aeelrs, as the case may be, stating shortly and
distinctly the nature and caxsc
of the action or complaint) as it is said ; and unless he shall do so,
then summon the said C. D., by
delivering a copy hereof, that he appear before our Chief Justice of the
Supreme Court of our said
Colony at Victoria within eight days after the service hereof, inclusive
of the day of such service, at
ten o'clock in the forenoon to show wherefore he bath not clone it; and
immediately after the service
hereof, return you there this writ of summons, with whatever you have
done thereupon; and we
hereby require the defendant to take notice that in default of his so
appearing the plaintiff may cause
an appearance to be entered for him the said defendant,and proceed
thereon to judgment and execution.
Witness The Honorable John Walter Hulme,
Our Chief Justice of our said Colony at Victoria,
G. H.
Street, Victoria,
Plaintiffs Attorney
(or if the plaintiff site ire person)
A. B. of
Street, Victoria,
Plaintiff.
the clay of
in the Year of our Reign.
F»r»t of Writ of Su»tmona in .Actions nn Bills rend Notes and other 11'n
ettcn Inetrr<»tertt.s. Sec. 30.
VICTORIA, by the Grace of God of the United Kingdom of Great Britain and
Ireland Queen.
Defender of the Faith, to the Sheriff of the Colony of Hongkong, or his
lawful Deputy,
Greeting
Command C. D, of Street, Victoria, merchant, that justly and
without delay he render to A. B. the sum of dollars, of good and lawful
money cement- in
the said Colony, which he owes to the said A. B. upon and by virtue of a
certain promissory note (m
other inatrw»tent, describing it) bearing date the day of
in the Year of our Lord signed by the said C. D., or signed by
and endorsed by the said C. D. (as tb,c case may be) together with the
interest thereon from the
day of as it is said; and unless he shall do so then summon
the said C. D., by delivering a copy hereof, that lie appear before our
Chief Justice of the Supreme
Court of our said Colony at Victoria, within eight days after the service
hereof, inclusive of the day of
such service, at ten o'clock in the forenoon to show wherefore he bath
not done it, and also to
acknowledge or deny his hand writing or 'signature ' affixed to the said
promissoiy note (or other
instrument, as the case may be) and serve on the said C. D. a copy of the
said promissory note (or other
document, yc.) whereon the said action or claim is founded ; and,
immediately after the service hereof
return you there this writ of summons with whatsoever you have done
thereupon; and we hereby
require the defendant to take notice that in default of his so appearing
the plaintiff may cause an
appearance to be entered for him the said defendant, and proceed thereon
to judgment and execution.
Witness The Honorable John Walter Hulme,
Our Chief Justice of our said Colony at Victoria,
the day of
in the Year of our Reign.
G. H. No.
Street, Victoria,
Plaintiff's Attorney
(or if the plainati/j sue in pcrsarv)
A. J3. of
Plaintiff.
ORDINANCE No. 15 of 1844.
Suprenae Court.
SCHEDULE (No. 4.) Sec. 38.
Assagnin.ent of Bail-bond.
I the within named sheriff at the requcat of A. B. the plaintiff within
named hereby assign to him, Antgnnv!nt of
Iron-bind. 9,e. 38.
the said A. B. the within bail-bond, and all the benefit, and advantage
arising therefrom.
In witness whereof I have hereunto set my hand
this day of
in the Year of our Lord
SCHEDULE (N0. 5.) See. 06, 101.
Subpa;na.
Sheriff.
VICTORIA, by the Grace of God of the United Kingdom of Great Britain and
Ireland Queen, Subpnwm s<e.sa,
loi.
Defender of the Faith, to G. H., I. R., L. M., and N. 0., Greeting :-
We command yon, that laying aside all and singular business and excuses,
you, hand every of you,
be and appear in your proper person before our Chief Justice of the
Supreme Court of our Colony of
Hongkong, at Victoria, on the day of at ten
of the clock in the forenoon of the same day, ,to testify all and
singular tbose things which you or
either of you know, in a certain cause now depending in our said Supreme
Court at Victoria, between
A. B. plaintiff, and C. 1). defendant; wherein the said A. B. complains,
&c., (or claims, &c., statilag
shortly t&e nature of the action,) do the part of the plaintiff, (ai
defendant;) and this you or any of
you shall by no means omit, under the penalty, upon each of you of one
hundred dollars.
Witness The Honorable John Walter Hulme,
Our Chief Justice of our said Colony at Victoria,
the day of
in the Year of our Reign.
G. H. No.
Street, Victoria.
Plaintiff's Attorney,
(ar if the plaintif sue in person)
A. 11. of
Plaintiff.
SCHEDULE (No. 6.) See. 67.
Subpana Duees noum.
VICTORIA, by the Grace of God of the United Kingdom of Great Britain and
Ireland Queen, ,s.bymodwes
Defender of the Faith, to G. H., I. K., L. M., and N. O., Greeting
:- ltcum. Soc. 5i.
We command yon, that laying aside all and singular business and excuses,
you, and every of you,
be and appear in your proper persons before our Chief Justice of our
Supreme Court of our Colony of
Hongkong, at Victoria, on the day of at ten of the
clock in the forenoon of the same day; and also that you bring with you
and produce at the time and
place aforesaid, a certain deed, or instrument in writing, bearing the
date, &c., (describing the daewnent
to be praduoed) then and there to testify and show all and singular those
things which you or any or
either of you know concerning a certain cause now depending in our said
Supreme Court at Victoria,
between A, B. plaintiff and C. D. defendant, wherein the said A. B,
complains, &c., (or claims, &c..
the said Court.
ORDINANCE No. 1~5 of 1844.
Supreme Court.
stating shortly the nature of the action) on the part of the plaintiff
(or defendant) and this you, or any
of you shall by no means omit, under the penalty, upon each of you of one
hundred dollars.
Witness The Honorable John Walter Hulme,
Our Chief Justice of our said Colony at Victoria,
the day of
in the Year of our Reign.
G. H, No.
Street, Victoria,
Plaintiff's Attorney
(or if the plaintiff' sue in person)
A. B. of
Plaintiff.
SCHEDULE (No. 7.) &e. 80.
Sumrmons to Twror.
112r. A. B.
sun<mone to furor. You are hereby summoned to appear as a (eitTcer common
or special, as the case may be,) juror at
so, so.
the Supreme Court to he holden at Wellington Terrace in this Colony, on
the day of
next and there to attend from day to day until you shall be discharged
from
(Signed) W. C., Sheriff.
N. B.-The penalty for disobedience hereto is any sum not exceeding one
hundred dollars in the case
of a common juror or two hundred dollars in the case of a special juror. ,
SCHEDULE (No. 8.) bee. 93.
Process for aSwmmon2ng defendant on Indictment or Information.
VICTORIA, by the Grace of God of the United Kingdom of Great Britain and
Ireland Queen,
Defender of the Faith, to the Sheriff of the Colony of Hongkong, or his
lawful Deputy, ~Greet-
ing :-
We command you that you summon (tlas defendant, or defendants follo7ving
the description in
the indiatntent or information,) that he (she, or they) appear before our
Supreme Court of the said
Colony, at the session of the said Court, to be holden in and for the
said Colony, at Victoria, on the
day of next, and following days, there to answer to a certain
indictment or information preferred or, to be preferred, filed, or to be
filed, against him, (her, or them)
by our Attorney General in our behalf (m mleen tTce prosecution is at
the instance of a privato party or
private parties describing,tTteprnancutor or prosecutors as in the
indictment or information) and net
to depart until he (she, or they) be discharged in due course of law; and
serve upon the said
defendant (or upon each of the said defendants) a copy of the said
indictment or information, and
the notice of trial indorsed on the same, or annexed thereto, and return
on that day to the Registrar
of the Court this writ, with whatsoever you have done thereupon.
Witness The Honorable John Walter Hulme,
Chief Justice of our said Colony at Victoria,
the day of
in the Year of our Lord 1844.
SCHEDULE (ho. 9.) Sec. 94.
Notice of trial of Iradictanent or Information.
1Votice of trial, &c: C. D.
9°°'u' Take notice that you will be tried on this indictment (or
information or on the indictment or
information whereof this is a true copy) at the Criminal Sessions of the
Supreme Court, to be liolden
at Victoria, in and for the Colony of Hongkong, on the day of
ORDINANCE No. 15 of 1$44.
,Supreme Court.
SUFiEDULF (No. 10.) Sec. 112.
FEES.
For filing and entering plaint, or statement of cause of action ,
For filing and entering declaration where the amount claimed shall not
exceed 100 dollars
And for every 100 dollars after the first 100 dollars , .......
And in all ejectments, and in all actions and proceedings where the thing
sought to be
recovered shall consist of lands or horses or both, the charge on filing
and entering
declaration shall be 1 per cent upon the valuation at which the same is
assessed by
Government
And in all actions or proceedings brought for the recovery of a specific
personal chattel,
or for damages done thereto, or for conversion of the same, the charge
for filing and
entering declaration shall be 1 per cent on the value of the chattel, and
1 per cent on
the damage laid in the declaration
Writ of Summons, each defendant , ,
Registrar's Certificate of declaration being filed
For filing every affidavit of debt where the sum sworn to is under or
amounts to 100 dollars
filing every affidavit of debt where the sum sworn to exceed 100 dollars
for every 100
For Judge's order for a capias . ,
For capias in pursuance in every case
.............................................
For filing and entering every appearance
For annexing every plea, answer, defence, or demurrer to declaration,
each defendant .........
For snbpcena
For entering every cause
For calling same .
For administering every oath in Court or Chambers ,
For reading every exhibit, document, or paper produced in evidence,
unless the Court or Judge
shall at the time direct a larger sum to be paid ,.
For every judgment or decree pronounced by the Court or Judge, where the
amount recover-
ed does not exceed 100 dollars ........... , .............. , :
And for every 100 dollars above the first 100 dollars
For entering every Judgment or Decree
........................................................................
For taxing costs where the bill does not exceed 100 dollars
..............................................
And for every 100 dollars above the first 100 dollars
................................................
For all Writs of Execution . , ..... , , ,.,
For every copy of declaration, bill, petition, plea, answer, demurrer, or
any other document,
paper, or proceeding in Court, not otherwise charged, in all matters, per
folio ...............
For ,Registrar, or Clerk, examining or attesting, and certifying same in
all matters ...............
For every Habeas Corpus, Mandamus, Certiorari, or any other writ or
process whatsoever,
not otherwise charged
..................................... .............................
For every attachment for contempt in the presence of the Court or
otherwise, or disobedience
of Order or Rule of Court
..........................................................................
............
For all interrogatories and answers filed thereto in pursuance thereof,
per folio ...................
For every Commission to examine or swear witnesses, each witness , ,
For every search in the Registrar's Office . , ,
For every Rule or Order of Court ,
..........................................................................
....
For every receipt granted by the Registrar when demanded ,
For every attendance by the Registrar, or other person appointed by the
Court, within the
limits of Victoria, to administer oaths, or transact other business,
exclusive of expenses
Beyond the limits of Victoria . ,
CGriES.
1.00
2.00
1.00
1.00
1.00
1.00
1.00
1.00
2.00
1.00
1.00
1.00
.60
.60
. .60
1.00
1.00
1,00
1.00
1.00
1.00
.50
1.00
1.00
1.60
1.50
.60
1.00
2.00
Appealable Matters.
For filing and entering every petition for leave to appeal , _ . 60.00
For every Certificate of Appeal allowed 6.OQ
Fees, sea 119 ,
ORDINANCE No. 15 of 1844.
Supreme Court.
.Ecclesiastical Matters.
For filing and entering petition for Probate or Letters of Administration
...........................
Swearing petitioner to the truth of petition . ,
For every caveat filed
..........................................................................
......................
For granting Probate or Letters of Administration
....................................
For filing and entering Bond by Administrator -
For every certificate by the Registrar, or other officer, of accounts and
inventories being filed,
where the sum realized shall exceed 100 dollars ,
And for every 100 dollars above the first 100 dollars , _ ...
Swearing party to truth of account or inventory , , ...
For every exemplification of Will per folio ,
For affixing the Seal of the Court to any Process, during Court hours.,
$ cents.
1.00
1.00
1.00
5.00
2.00
2.00
1.00
1.00
1.00
CROWN FEES to be taken and received by the 11eqistraqwvhen the (',curt
sits as
a Court Of DYER and TEEMINEII and GAOL RELIVE&Y.
For preparing any Bench Warrant, and every other process issuing out of
the Court of Oyer
anti Terminer , , ,
For every Venire, taking every recognizance, or discharging, or respiting
the same, recording
the appearance, plea, ox acquittal of every defendant, for every Bail,
and justification
of Bail, and for every order of the Court, and copy thereof, in case of
felony ................
For the same except in felony .
For copies of indictments, or other papers when ordered or required, per
folio ...................
For every Subpeana .60
For every Search in Office . -
1.00
For calling and swearing the jury on trial . 1.00
For entering and recording verdict . , 1.00
For reading every notice or other document exhibited in Court
as'evi<lence ,50
For every oath administered in Court , , .50
For every prisoner discharged.by Proclamation, or acquitted of felony
, 2.00
For the same except in'felony - - , 1.00
For every prisoner convicted of felony , 2.00
1.00
For the same except in felony ...
Sheriff's Feet.
For service of every Writ of Summons, Summons, .Subpoena, Citation, or
Order , ,
For serving every Writ of Cayias and other bailable Process .
For discharging every. defendant at the deaire.of the plaintiff , ,
For releasing property seized under Writ of Sequestration, or Furl
Facitza by the desire of
For drawing and taking each Bail-bond, every defendant ., , ,
When any Summons, Writ or Process of any kind shall be executed, or act
done,
for which a fee is authorized to be taken as above, the deputy duly
appointed who
shall execute suds process, or do such act, shall be entitled to one half
the fee or fees
which the sheriff may claim under this table.
Poundage.
Five per cent to be charged oh the first five hundred dollars, and two
and a half per cent
upon every one hundred dollars above five hundred dollars.
2.00
1.00
5.00
.50
5.00
1.00
ORDINANCE No. 15 of 1844.
Supreme Court.
SCHEDULE (ho. 11.) &c. 117.
hornt. rrlating to thr Svrnnno.ry Jurisdiction rf the Court.
ENTRY OF PLAINT.
Colony of Hongkong i A. B. of
to wit
in the Colony of Hongkong hereby requires entry to be made in the Supreme
Court of the said Colony
acting under its Summary Jurisdiction, of his plaint against C. D. of
in the said Colony, for a sum of
being for (here state generally the cause t!faction) in the particular
hereunto annexed fully set forth.
And the said A. B. hereby declares that the said particular contains a
correct, full, and true statement
of his demand against the said C. D. and that the said C, D. is justly
and truly indebted to him the said
A. B. in the said sum of
the said C. 1>. may be summoned to attend on the
Supreme Court so acting as aforesaid to answer such his demand.
Dated this da.y of A. D. 184
and thereupon the said A. B, prayeth'that
day of at the said
Witness
Registrar
A. B,. Plaintiff.
Forms ralatL~g to
Swum.' Juriadlo-
lion. See. 117.
Entry of Plaint,
$n.rnnaons.
To
Hongkongl you are hereby summoned and required to attend the Supreme
Court of Hongkong to be summons.
to wit
holden at the Court House in Wellington Terrace at ten o'clock in the
forenoon of day of
next, then and there to answer the demand of entered against you in the
said
Court for the sum of being for ( here state cause of action arid
complaint). And herein
fail not, or judgment will be passed, and execution issued, against you
for the said sum and costs.
And you will take notice, that if you have any debt,or demand to set off
against the said plaintiff's
claim you are hereby required to file or deliver the same at the
Registrar's office at
on or before the day of or you will be precluded,
from giving evidence thereof on the trial or hearing. And you will
further take notice that a plaint
containing the particulars of the plaintiff's demand against you has been
filed in the Registrar's office at
and that you are at liberty to obtain a copy of the same, if you shall
think proper.
Witness The Honorable John Walter Hulme,
Our Chief Justice of our said Colony at Victoria,
the day of
in the fear of our Reign.'
-Endorsed on, the back of Srurnmons. 21,
The within summons was served on the within named defendant by delivering
a true copy thereof
on the day of 184 . -
(0fecerrd tree surrzntona')
ORDINA\CE No. 15 O1, 1844.
Supreme Court.
sVotzce of Trial or Hecwistg to be Irirtdm.sed en, Crrlrp/ of Stcnamans.
SUP P, EME COURT OF HONGKONG.
Between A. B. Plaintiff.
and Of.' 15: Defendant.'
Notice oftrlal. Hongkong The Chief Justice having appointed the day of
to wit
the above case I have received his instructions to require your
attendance on that day at ten o'clock in
the forenoon and to bring with you any witnesses you may deem necessary
to support your claim or
demand.
next to hear
By Order of the Chief Justice,
In the above case.
To
Registrar.
,Sttbpcena.
Hongkong t You, and each of you, are hereby commanded that, all excuses
being laid aside, you, and
to wrt
each of you, be and appear in your own proper person before the Supreme
Court of Hongkong, to be
holden at the Court House in Wellington Terrace, on the day of
at ten o'clock in the forenoon, to testify all and singular what you, or
either of you, know in a certain
cause, or matter of complaint, now pending and undetermined between
plaintiff, and
fail not at your peril.
Decree to favor of
Plnincire.
defendant, then and there to be heard and tried. And herein
Witness The Honorable John Walter Hulme,
Our Chief Justice of oar said Colony at Victoria,
the day of
in the Year of our Reign.
Ordr^r, or IJcosrr,, infaronr of plaintiff.
A.13. Plaintiff.
C. D. Defendant.
Hongkong ~ 1 t appearing to the Court that the plaintiff bath proved his
demand (wholly or in part) it
to wit
is ordered and decreed, that the said plaintiff do recover from the said
defendant the sum of
together with
hereby ordered to pay to the said A. Ti. the plaintiff the said sum of
costs: and the said C. D, the defendant is
in full satisfaction
of the said debt and costs (forthwith, on demand thereof, or by the
following instalments; namely:-
as the case. tnay be.)
Dated the
in the fear of our Lord, 181 .
Entered
day of
Chief ,Tetsticc.
Entered
ORDINANCE X10. 15 0F 1844.
Supreme Court.
Form of Dismissal. Sec.*. 118.
A. B, Plaintiff.
C. D. Defendant.
l iongkong
to wit It appearing to this Court that the plaintiff entered his plaint
and caused the above de-
fendant to be summoned to attend this Court for (here state the valise of
action or co2npldirat; ) and the
said plaintiff having failed to prove his said plaint, it is hereby
ordered and decreed by the said Court,
that the plaint of the said A. B. be, and the same is hereby dismissed:
And that the said defendant
do recover against the said plaintiff the sum of for costs: And the said
A. B, the
plaintiff is hereby ordered and directed forthwith, on demand, to pay the
said C. D. the defendant the
said sum of so awarded for his costs herein as aforesaid and on failure
thereof, let execution issue to take in execution the goods, chattels,
and effects of the said A. B. o; his
body, to satisfy the said costs.
Dated the
in the fear of our Lord, 18
Defendant's costs: £
Rrgiatrar.
day of
Chief Justice.
Warrant, or Order, on Dooree of Dismissal, far non-payment of Costs. See.
118.
I authorize and empower
tams to execute the above decree.
Dated the
To Mr. bailiff, and his assistants.
Hongkong ~ You are hereby commanded to levy of the goods, chattels, and
effects of
to wit
of
which
day of
Preceyt to Bailiff f. Sec. 123.
SUPREME COURT OF HONGKONG.
Between (A B. Plaintiff.
) L. D. Defendant.
the bailiff of this Court and hin assls- Warrant on
Diemlenal. Bud. 118.
in the Year of our .Lord, 18
Clcief Justice.
in the Colony of Hongkong the sum of
of
lately recovered against for damages and costs ;
and if you shall not find any goods, chattels, or effects be~onging to
the said defendant whereof to levy,
then you are hereby commanded to take and arrest the body of the said
defendant and him safely to
lodge in the custody of one of Her Majesty's gaols within ten days from
the date hereof to satisfy the
Preca,.t to bnililC.
Be.. 123.
acid
you there this writ.
Entered
Registrar.
Judgment....................................
Costs ..........................................
Subpoena :
ORDINANCE No. 15 ox 1844.
Supreme Court.
plaintiff his damages and costs, as aforesaid; and have
Witness The Honorable John Walter Hulme,
Our Chi^f Justice of our said Colony at Victoria,
the day of
in the Year of our Reign.
Alias, or Plu.ries.
You are hereby commanded as before you were commanded (or-, as
'oftentimes' before you were
commanded and thrn fnllorv the nLove fprm.)
Order to disch2rga,dafandant out of Orstody.
day of
A. B. Plaintiff.
C. D. Defendant.
Order to 41140h UP Supreme Court of Hongkong j You axe hereby authorized
to discharge out of your custody the above
aefen<Inut out or t0 wit
custody.
named defendant, as far as regards the execution in the above case.
By Order of the Court,
To the sheriff of Hongkong, or any
deputy sheriff thereof
SCHEDULE (N0. 12.) Sec. 132.
Table of Fees.
For entering every plaint, action, &c,, and particulars of-demand ,
Entering every appearance and defence
.............................................
Summons for defendant, and copy ,
Entering notice of hearing . ,
Copy and service on plaintiff, and defendant, each , , .
Any notice required during the course of proceedings ,
Fee on hearing and adjudication, where the sum to be recovered shall not
exceed $50 . .........
Exceeding $50 and not exceeding $100
Each Subpanrc of witness, and copy ,
Drawing and signing order for costs, decree, or dismissal, each
Every oath of party, or witness examined
Chief Justice's warrant to bailiff for executing decree 1
Executing any decree or order, where the sum shall not exceed $50 ,
Exceeding $50 and not exceeding $100 ................ ..
Copies of any other proceedings per folio ......
r'nda. &,c. 133.
Registrar,
.50
.20
.40
.25
.50
.75
.40
.60
.25
:25
.50
.25
.12
Disallowed in C. 0. D., No. 96, 24th March, 1845 Repealed by Ordinance
No. 6 of 1845. ,
Title.
Formor Court at Hongkong abolished.
A Supreme Court of record to be instituted therein.
How far the law of English to prevail.
Constitution of Court.
Seal of the Court.
Judges to hold no other offices of profit.
Offices of the Court.
Appointment and removal of inferior officers.
Superior officers how to hold office.
Admission of barristers and attornies.
Fit persons to be admitted to practise for three months in case of necessity.
Sheriff of Hongkong to execute writs and process.
Process against sheriff.
Jurisdiction of Court: legal.
Equitable.
Ecclesiastical.
Court to reserve power of revocation.
Court to grant letters of administration to next of kin or to the Registrar.
Administrator to enter into bond.
Condition of bond.
How bond to be put in suit.
Court to fix periods at which accounts shall be passed.
Allowances to be made to executors or administrators.
Payment of money into Treasury.
Admiralty.
Court to exercise jurisdiction over Her Majesty's subjects in China.
Power to regulate sittings of the Court, and to make rules and orders.
Sittings of the Court.
How many terms, and when to be held.
Sitting at nisi prius, &c.
Criminal sessions.
Sitting at chambers.
Office hours and holidays.
Commencement of actons.
Warrant to sue.
Arrrest allowed in case of debtors being about to leave the Colony.
Bail bond.
Power of Court to order a defendant's discharge.
Malicious arrest.
Suing out process.
Writ of summons to appear in ordinary cases.
Service of process.
No service of civil process on a Sunday, except in case of arrest.
Return of process to the Registrar's office.
Appearance of defendant to be entered in the Registrar's office;
except where the defendant intends to admit the claim against him.
Service of notices &c., after the defendant has appeared by attorney.
Time of fitting declaration or claim.
Requisites of declaration.
Time of pleading.
Requisites of plea.
Declaration to be filed in Registrar's office if defendant do not appear.
Within what time plaintiff to reply.
Rejoinder :--in what cases and within what time.
Judgment against the plaintiff for not proceeding in the cause.
Consequences of default and how remedied.
Time to declare, or plead, &c., how obtained.
Pleadings to be signed by counsel, time of filing pleadings.
Schedule of documentary evidence to annexed to pleadings.
Setting aside proceedings for irregularity.
Setting down cases for argument.
Setting down causes for trial.
Notice of trial.
Countermanding notice of trail.
Witnesses. Subpoena.
Subpoena duces tecum.
Examination of witnesses de bene esse.
Allowance of expenses and compensation to witnesses.
Punishment of witnesses for non-attendance, and of persons guilty of a contempt of Court.
Perjury.
Court may order money to be paid by instalments.
Execution of judgments, &c.
Judgments, &c. may be executed any where within the Colony.
Levy on defendant's goods to be made between sunrise and sunset.
Motions.
Memorials, &c. to be brought before the Court by motion.
Wit of error.
Appeal.
Copies of proceedings to be forwarded to England.
Court to execute judgment in appeal.
Trial by jury.
Number of jurors.
Who qualified and liable to serve as common jurors.
Special jury.
Qualification fo special jurors.
Sheriff to make out jury lists and transmit same to Registrar.
Penalty on sheriff for neglect of duty.
Jury lists to be in use for one year.
Order of summoning juries.
Summons.
Panel.
Penalty for non-attendance.
Jury to be balloted for.
No challenge except for cause.
Talesmen.
As to jury for new cases.
How jury when sworn or charged with any prisoner, to be kept.
How jury to be kept when necessary to adjourn the Court.
In case of death or disability of juror, jury may be discharged.
In case jury cannot agree upon verdict.
Verdict.
Inditement or information.
Process for summoning defendant on indictment, or information.
Notice of trial on indictment or information.
Prosecutor to deliver to sheriff process, copy of indictment or information and notice of trail.
Time and mode of summoning defendant on indictment or information.
Return fo service of copy of indictment, &c.
Proceedings on non-appearance of defendant thereon.
Proceedings on non-appearance of prosecutor after notice of trail.
Process for procuring attendance of witnesses on criminal cases.
How many witnesses in one subpaena.
Private prosecutor to pay sheriff's costs together with expenses.
Service of subpaena.
Pleading to indictment or information. Reufusal to plead.
Noting Plea.
Effect of plea of 'not guilty,'or of special plea.
Amendment of indictment or information.
When the jury shall be charged with prisoner.
Judgment not to be reversed, except upon objections arising upon record.
Judgment not to be reversed for want of averments of immaterial matter, &c.
Fees.
Summary jurisdiction of Court.
No cause of action to be split, but the Court may decide thereon if plaintiff be satisfied to receive the sum awarded in full of all demands.
No summary jurisdiction in certain cases.
Power to examine plaintiffs and defendants on oath and to award costs, &c.
Proceedings, orders &c. to be in form prescribed in schedule.
Court amy dismiss action or complaint with costs, &c.
Consequences of not proceeding under summary jurisdiction.
Plaintiffs and defendants to attend personally unless unavoidably prevented.
Witnesses not attending, and persons guilty of contempt, how punished.
Perjury.
Execution.
Power to appoint special bailiffs.
Orders and decrees may be executed anywhere within the Colony.
Time of levy.
Mode of proceeding in the writ of execution.
Proviso as to disputed claim to goods, &c.
Imprisonment by process of Court not to exceed three months.
Liability of future effects.
Execution not to prejudice landlords.
8 Anne C. 14.
Court may order money to be paid by instalments.
Oders to be final.
Actions against officers, &c.
Gerneral issue.
Proceedings not to be set aside for want of form.
Allowance and recovery of fees.
Registrar to receive and account for fees.
Right to sue or dedend in forma pauperis.
Appointment of barrister and attorney to appear for pauper.
No fees to be taken in pauper causes.
When privilege of suing or defending as a pauper to cease.
Interprertation clause.
Writ of Capias ad Respondendum. See 31.
Ball-baod to the Sheriff. Sec. 31.
Condition.
Writ of Summons. Sec. 35.
Writ of Summons o Bills &c. Sec 35.
Assignment of Bail-bond. Sec. 38.
Subpaena. Sec. 56, 101.
Subpaena duces tecum. Sec. 57.
Summons to juror. Sec.80.
Process for summoning defendant on indictment &c. Sec. 93.
Notice of trial, &c. Sec. 94.
Fees. Sec. 112.
Forms relating to Summary Jurisdiction. Sec. 117.
Entry of Plaint.
Summons.
Notice of trial.
Subpaena.
Decree in favor of plaintiff.
Dismissal. Sec. 118.
Warrant on dismissal. Sec 118.
Precept to bailiff. Sec.123.
Alias &c.
Order to discharge defendant out of custody.
Fees. Sec.132.
Supreme Court.
No. 15 of 1844.
An Ordinance to establish a Supreme Court of Judicature at Hongkong-
Title.
[21st August, 1844.
1. Be it enacted and ordained by the Governor of Hongkong, with the
advice of Form., Court at
the Legislative Council thereof, that from and after the passing of this
Ordinance, the bo~i°ag
Court at Hongkong with Criminal and Admiralty Jurisdiction, which has
hitherto been
holden by the Chief Superintendent, shall be, and it is hereby abolished.
2. And be it further enacted and ordained, that there shall be within and
for the ' A Supreme Court
Colony of Hongkong a Court, which shall be called 'The Supreme Court of
Hongkong,' ° In' record record to f8
therein.
and that the said Supreme Court of Hongkong shall be a Court of Record.
3. And be it further enacted and ordained( xhat the law of England shall
be in
full force in the said Colony of Hongkong, except where the same shall be
inapplicable
to the local circumstances of the said Colony, or of its inhabitants;
Provided nevertheless,
that in all matters and questions touching the right or title to any real
property in the
said Colony, the law of England shall prevail, and that no law shall be
recognized in
the said Colony, which shall in guy way derogate from the sovereignty of
the Queen of
England: r-~' Provided also, that in all matters relating to the practice
and proceedings of
the said Supreme Court, and not hereinafter provided for by this
Ordinance, the
practice of the English Courts shall be in force, until otherwise ordered
by any rule
of the said Court: Provided also, that in all criminal proceedings
arising or being
within the jurisdiction of the said Court, where the party or parties
proceeded against
shall be of Chinese origin or extraction, then, and in every such case,
it shall be lawful
for the said Court, in its discretion, to punish the offender or
offenders according to
the laws of China.
¢,= And be it further enacted and ordained, that the said Supreme Court of
Hongkong shall consist of, and be holden by, and before, a Judge to be
called the Chief
Justice of the Supreme Court of Hongkong and its dependencies, and to be
appointed
by Letters Patent under the Public Seal of the Colony from time to time
by the
Governor of Hongkong, in accordance with such instructions as he may
receive from
Her Majesty, Her Heirs and Successors; and such Chief Justice shall hold
his office
during the pleasure of Her said Majesty, subject to suspension by the
Governor, in
like manner as other officers in the said Colony: Provided that in case
the said office
of Chief Justice shall become vacant by death or otherwise, it shall be
lawful for the
Governor to appoint another fit and proper person to fill the said office
of Chief Justice,
until her said Majesty's pleasure be known.
5. And be it further enacted and ordained, that the said Supreme Court of
Seal of the Court.
Hongkong shall have and use, as occasion may require, a seal, bearing a
device and
impression of the Royal Arms, within an exergue or label surrounding the
seine, with
this inscription, '° The Seal of the Supreme Court of Hongkong,' and all
writs and
Cnn6titntlon °f
court.
How far the lair
of England t°
prevail.
Judges to hold no
other offices of
profit.
Officers oithe
cow.
Appointment,
and removal of
Inferior officers.
officers
how to hold o19ce.
ORDINANO,~._lI,~= .rft 184.
Supreme Court.
other process issuing out of the Court shall be sealed therewith;
Provided that, until
such seal can be procured, such writs and process shall be valid if
signed by the Registrar.
6, And be it further enacted and ordained, that no Judge of the said
Supreme
Court of Hongkong shall be capable of accepting, 'taking, or performing,
any other
once, or place, of profit, or emolument, on pain that the acceptance of
guy such other
office, or place as aforesaid, shall be and be deemed in law de facto an
avoidance of his
office of Judge, and the salary thereof shall cease, and be deemed to
have ceased
accordingly, from the time of such acceptance of any such other office or
place.
7. And be it further enacted and ordained, that there shall be and belong
to the
?sjsid.Court the following officers; that is to say, a Registrar, a
clerk, and an interpreter
thereof, and such, and so many other officers, as to the Chief Justice of
the said Court
for the time being, shall from time to time appear to be necessary for
the administration
of justice, and the due execution of- all the powers and authorities
which are granted
and committed to the said Court by this Ordinance; and that all persons
who shall or
may be appointed to any subordinate office within the said Supreme Court
of Hongkong,
shall be so appointed by the Chief Justice of the said Court for the time
being, and
'shall be removable at the discretion of the said Chief Justice: Provided
nevertheless,
that no new office shall be°-created in the said Court, unless the
Governor, or Acting
Governor for the time being, of the said Colony, shall first signify his
approbation
thereof to the said Chief Justice for the time being, in writing, under
the hand of such
Governor, or Acting Governor as aforesaid.
$, And be it further enacted and ordained, that the several superior
officers of
the said Court, who now are, or hereafter may be appointed to their said
offices by Her
Majesty, Her Heirs and Successors, shall hold their several offices
during the pleasure
of Her said Majesty, subject to suspension by the Governor, in like
manner as other
officers in the said Colony; and that all other superior officers,
appointed with the
approbation of the Governor as aforesaid, shall be-removable from their
several offices
in the said Court by the Governor, upon reasonable cause.
ear6igglon of 9. And he it further enacted and ordained, that the said
Supreme Court of
barristers and
attornlee. Hongkong is hereby authorized and empowered, to approve, admit,
and enrol such
and so mane persons having been admitted barristers at law, or advocates
in Great
Britain and Ireland, to act as barristers and advocates; or having been
admitted
writers, attornies, or solicitors, in one of the Courts at Westminster,
Dublin, or
Edinburgh, or having been admitted as proctors in any Ecclesiastical
Court in England,
to act in the character of proctors, attornies, and solicitors in the
said Court; and
which persons so approved, admitted, and enrolled as aforesaid, shall be,
and are hereby
authorized to appear, and plead, and act, in their several respective
characters, for the
suitors of the said Court, subject always to be removed by the said
Court, from their
respective stations therein, upon reasonable cause: and it is hereby
further enacted
and ordained, that no other person or persons whatsoever shall be allowed
to appear,
and plead, or act in the said Supreme Court of Hongkong for, and on
behalf of such
suitors, or any of them.
ORDINANCE No. 15 OF 1844.
Supreme Court.
10. And be it further enacted and ordained, that in case there shall not
be a
sufficient number of sucb barristers at law, advocates, writers,
attornies, solicitors, and
proctors within the said Colony, competent and willing to appear, and act
for the
suitors of the said Court, then, arid in that case, the said Suprene
Court of Hongkong
shall, and is hereby authorized to admit temporarily so many other fit
and proper
persons to appear and act as barristers, advocates, proctors, attornies,
and solicitors as
may be necessary, according to such general rules and qualifications as
the said Court
shall, for that purpose, make and establish: Provided always that the
persons so
admitted, shall be admitted for a period of three months only, and shall
not be readmitted
without obvious necessity.
r 2
11. And be it further enacted and ordained, that the sheriff of Hongkong
for the
time being, shall by himself or his sufficient deputy to be by him
appointed
and duly authorized under his hand and seal, and for whom he shall be
responsible
during his continuing in such office, execute, and the said sheriff and
his said deputy
is hereby authorized to execute, all the writs, summonses, rules, orders,
warrants,
commands, and processes of the said Supreme Court of Hongkong, and make a
return
of the same, together with the manner of the execution thereof, to the
said Supreme
Court of Hongkong, and to receive, and detain in prison, all such persons
as shall
be committed to the custody of such sheriff by the said Supreme Court of
Hongkong,
12. And be it further enacted and ordained, that whenever the said
Supreme Process against
sherllf,
Court of Hongkong shall direct or award any process against the said
sheriff, or award
any process in any cause, matter, or thing wherein the said sheriff, on
account of his
being related to the parties, or any of them, or by reason of any good
cause of challenge
which would be allowed against any sheriff in England, cannot, or ought
not by law
to execute the same, in every such case the said Supreme Court of
Hongkong shall name
and appoint some other fit person to execute and return the same, and the
said process
shall be directed to the person so to be named for that purpose, and the
cause of such
special proceedings shall be suggested and entered on the records of the
said Court.
13. And be it further enacted and ordained, that the said Supreme Court
shall
have the same jurisdiction in the said Colony of Hongkong and its
dependencies, as
Her Majesty's Courts of Queen's Bench, Common Pleas, and Exchequer,
lawfully have
in England; and shall be a Court of oyer and terminer and gaol delivery,
assize and
nisi priua.
14. And be it further enacted and ordained, that the said Supreme Court
shall be Uqnitaile.
a Court of Equity, with such, and the like jurisdiction, as the Court of
Chancery in
England; and shall have, and execute all, and singular, the powers, and
authorities of
the Lord High Chancellor of England, with full liberty to appoint and
control guardians
of infants, and their estates, and also keepers of the persons and
estates of idiots, lunatics,
and such as being of unsound mind, are unable to govern themselves, and
their estates.
15. And be it further enacted and ordained, that the said Supreme Court
shall be
a Court of Ecclesiastical j urisdiction, with full power to grant
probates, under the seal of
Fit persons to he
admitted to
practise for three
months in case of
necessity,
Sheriff of
ifengkong to
execute write
and process.
Jurisdiction of
Court: legal.
Ecclesiastical.
ORDINANCE hTo. 15 0F 184.
supreme Court.
the ~said Court, of the last wills and testaments of all or any of the
inhabitants of the
said Colony and its dependencies, and all other persons who shall die,
and leave personal
effects within the said Colony and its dependencies: and to commit
letters of adminis-
tration, under the seal of the said Court, of the go9ds, chattels,
credits, and all other
effects whatsoever of the persona aforesaid, who shall die intestate, or
who having left a
will shall not have named an executor resident within the said Colony or
its depen-
dencies, or where an executor resident as aforesaid, being duly cited,
shall not appear
and sue forth such probate: annexing the will to the letters of
administration, when such
persons shall have left a will without naming any executor, or where an
executor shall
have been named not resident within the said Colony, or where an executor
shall have been
'naurad resident within the said Colony or its dependencies, but who
being duly cited
thereunto shall not appear and sue forth a, probate thereof; and to
sequester the goods,
and chattels, credits, and other effects whatsoever of such persons so
dying in cases
allowed by law, as the same is and may be now used in the diocese of
London: and to
demand, require, take, hear, examine and allow, and if occasion require
to disallow, and
reject the account of them, in such manner and form as may be used in the
said diocese,
and to do ail other things whatsoever needful and necessary in that
behalf.
18. Provided always, and be it further enacted and ordained, that the said
Supreme Court, in such cases as aforesaid, is hereby authorized and
required, where
letters of administration shall be committed with the will annexed for
want of an
executor applying in due time to cue forth the probate, to reserve in
such letters of
administration full power and authority to revoke the same, and to grant
probate of
the said will to ouch executor whenever he shall duly appear and sue
forth the same.
1'y. And be it further enacted and ordained, that the said Supreme Court
shal
grant and commit such letters of administration to any one or more of the
lawful next
of kin of such person so dying as aforesaid, being then resident within
the jurisdiction
of the said Court, and being o£ the ago of twenty-one years, and in case
no such person
shall then be residing within the jurisdiction of the said Court, or
being duly cited
shall not appear and pray the same, to the Registrar of the said Court,
or to such
person or persona, whether creditor or creditors, or not, of the deceased
person, as the
Court, shall see fit: Provided always, that probates of wills, and
letters of administra.
-tion to be granted by the said Court, shall be limited to such money,
goods, chattels,
credits, and effects as the deceased person shall be entitled to within
the said Colony
of Hongkong and its dependencies.
18. And be it further enacted and ordained, that every person to whom such
letters of administration shall be committed shall, before the granting
thereof, give
sufficient security, by bond to be entered into to Her Majesty, Her Heirs
and Suc-
cessors, for the payment of a competent sum of money, with one, two, or
more solvent
sureties, respect being had in the sum therein to be contained, and in
the ability of the
sureties, to the val ue of the estates, credits, and effects of the
deceased, which bond shall
be deposited in the said Court among the records thereof, and there
safely kept, and a
copy thereof shall be also recorded among the proceedings of the said
Court, and the
Court to reserve
power of
revocation.
Administrator to
enter into bond.
ORDINANCE No. 1:5 of 18444.
8uprewte Court.
condition of the said bond shall be to the following effect 'That if the
above bounden condition of
' administrator of the goods, chattels, and effects of the deceased do
make, or cause to bond.
' be made a true and perfect inventory of all and singular the goods,
credits, and effects.
' of the said deceased, which have, or shall come to the hands,
possession, or knowledge
' of him the said administrator, or to the hands or possession of any
other person or
' persons for him, and the same, so made, do exhibit into the said
Supreme Court of
'Hongkong, at or before a day therein to be specified; and the same
goods, chattels,
' credits, and effects and all other the goods, chattels, credits, and
effects of the deceased
' at the time of his death, or which at any time afterwards shall come to
the hands or
'possession of such administrator, or to the hands or possession of any
other person or,
'persons for him, shall well and truly administer according to law; and
further shall r
'make, or cause to be made, a true and just account of his said
administration, at or
'before a time therein to be specified, and afterwards from time to time
as he, she, or
' they shall be lawfully required; and all the rest and residue of the
said goods, chattels,
'credits, and effects which shall be found from time to time remaining
upon the said
' administration account, the same being first examined and allowed of by
the said
'Supreme Court of Hongkong, shall and do pay and dispose of in a due
course of
'administration, or in such manner as the said Court shall direct, then
this obligation
' to be void, and of none effect, or else to be and remain in full force
and virtue.' And How bond to Ve
in case it shall be necessary to put the said bond in suit, for the sake
of obtaining the put in snit.
effect thereof for the benefit of such person or persons as shall appear
to the said Court
to be interested therein, such person or persons from time to time giving
satisfactory
security for paying all such costs as shall arise from the said suit, or
any part thereof,
such person or persons shall, by order of the said Court, be allowed to
sue the same in
the name of the Attorney General for the time being of the said Colony,
and the said
bond shall not be sued in any other manner.
19. And be it further enacted and ordained, that the said Supreme Court
shall fig
certain periods when all persons to whom probates of wills and letters of
administra-
tion shall be granted by the said Court shall from time to time, until
the effects of the
deceased persons shall be fully administered, pass their accounts
relating thereto before
the said Court; and in case the effects of the deceased shall not be
fully administered
within the time for that purpose to be fixed by the said Court, then, or
at any earlier
time if the said Court shall see fit so to direct, the person or persons
to whom such
probate or administration shall be granted shall pay, deposit, and
dispose of the balance
of money belonging to the estate of the deceased then in his, her, or
their hands, and
all money which shall afterwards come into his, her, or their bands, and
also all precious
stones, jewels, bonds, bills, .and securities- belonging to the estate of
the deceased, in
such manner, and unto such persons, as the said Court shall direct, for
safe custody;
and the said Court shall from time to time make such order as shall be
just for the due
administration of such assets, and for the payment or remittance thereof,
or any part
thereof, as occasion shall require, to or for the use of any person or
persons, whether
resident, or non resident in the said Colony and its dependencies who may
be entitled
57
Court to fix
periods at which
accounts wall be
passed.
court to exercise
jurisdiction over
Her majesty's
subjects in
China.
ORDINANCE No. 1:i OF 1844.
_%Preme Court.
Allowances to be
made to
executors or
administrators.
Payment of
money into
Treasury.
thereto, or any part thereof, as creditors, legatees, or next of kin, or
by any other right
or title whatsoever.
20. And be it further enacted and ordained, that it shall and may be
lawful for
the said Supreme Court, to allow to any executor or administrator of the
effects of any
deceased person (except as herein mentioned) such commission, or
percentage out of
their assets, as shall be just and reasonable, for their pains and
trouble therein: Pro-
vided always, that no allowance whatever shall be made for the pains and
trouble of
axle executor or administrator who shall neglect to pass his accounts at
such time, or to
dispose of any money, goods, chattels, or securities with which he shall
be chargeable
in such manner, as in pursuance of any general or special rule or order
of the said
Court shall be requisite, and moreover, every such executor or
administrator, so neglect-
ing to pass his accounts, or to dispose of any such money, goods,
chattels, or securities
with which he shall be chargeable, shall be charged with interest, at the
rate then
current within the said Colony and its dependencies, for such sum and
sums of money
as from time to time shall have been in his hands, whether he shall, or
shall not make
interest thereof.
21. And be it further enacted and ordained, that where letters of
administration,
or ad colligenda bona, have been granted to the Registrar under the
statute of the 39th
and 40th Gleo. 3, or otherwise as Registrar, he shall within fourteen
days after receiving
any money belonging to any estate to the amount of one hundred dollars,
clear of all just
allowances and deductions for commission, pay the same into the 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
otherwise held ox disposed of; and such Treasurer shall receive from the
Registrar, as
administrator as aforesaid under the statute, all such sums of money as
be 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 monies
which may have been paid into his hands as aforesaid without such order.
Admiralty. 22. And be it further enacted and ordained, that the said
Supreme Court shall
be a Court of Vice-Admiralty jurisdiction, and shall have, and possess
the same power,
authority, and jurisdiction, as is had, and possessed, by other Courts of
Vice-Admiralty
abroad.
23. And be it further enacted and ordained, that it shall be lawful for
the said
Supreme Court to have and exercise within the said Colony of Hongkong and
its
dependencies all such powers, jurisdiction, and authority, over Her
Majesty's subjects
within the dominions of the Emperor of China, or within any ship or
vessel at %
ORDINANCE No. 1 5 Or 1844.
Supreme Court.
distance of not more than one hundred miles from the coast of China, as
by any
ordinance of His Excellency the Superintendent of the Trade of British
subjects in
China hath been, or shall be, given.
24. And be it further enacted and ordained, that it shall be lawful for
the said
Supreme Court to make and prescribe such rules and orders, touching the
times and
place of holding the Court, form of process, pleadings, and other
business and pro-
ceedings 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; and also that it shall be lawful for the said Court
to alter or
revoke any rule or regulation, contained in this Ordinance, touching the
aforasaid°
matters.
2$. And be it further enacted and ordained, that there shall be four
terms in each
year for the despatch of the civil business of the said Supreme Court,
and the said terms
shall be the months of January, March, May, and November, and shall
commence on
the first, and terminate on the last, day of the said months
respectively: Provided,
that whenever it shall happen that any of the said months shall commence,
or end, upon
a Sunday, the term shall commence on the Monday following, or end on the
Saturday
preceding.
26. And be it further enacted and ordained, that there shall be four
sittings' in
every year for the trial of all civil causes and actions, and for the
hearing and deter-
mining of all matters of complaint under the summary jurisdiction of the
said Supreme
Court, as hereinafter provided; and such sittings shall commence on the
1st day of
February, 1st day of April, the lst day of October, and the 1st day of
December, and
shall terminate on the 14th day of each of such months respectively:
Provided, that
whenever either of the said days shall commence, or end, upon a Suriday
the sittings
shall commence on the Monday following, and end on the Saturday
preceding: Pro-
vided also, that if at any time it shall. appear to the Chief Justice of
the said Court
necessary or expedient that the Court should sit for the purposes
aforesaid at any other
or different periods, it shall be lawful for the said Chief Justice so to
do, upon given
reasonable notice thereof.
2'J. And be it further enacted and ordained, that there shall be four
sessions in
every year for the despatch of the criminal business of the said Supreme
Court; the said
sessions to commence on the 15th day of February, the 15th day of April,
the 15th day
of October, and the 15th of December, in every year, and shall termjnate
on the last day
of, each of such months respectively. Provided, that whenever either of
the said days shall
happen to commence, or end, upon a Sunday, the sessions shall commence on
the Monday
following, and end on the Saturday preceding: Provided also, that if at
any time it
shall appear to the Chief Justice of the said Court necessary or
expedient that a criminal
session should be held at any other or different period, it shall be
lawful for the said
Chief Justice so to hold the same, upon giving reasonable notice thereof,
Power to regulate
sittings of the
=rt~ and to
. rules and
orders.
Sittings of the
Court.
Flow many
terms, and who n
to be held.
Sittings' at nyai
Prtaa, dco.
Ct7minal
sessions.
sittings at
chambers.
Commencement
of actions.
Arrest allowed In
case of debtors
being about to
leave the Colony.
ORDINANCE \o. 15 of 1844.
Supreme Court.
28. And be it further enacted and ordained, that the Chief Justice of the
said
Supreme Court shall attend at chambers, at such times, and so often as
occasion shall
require, (except during the months of June, July, August, and
September,). for the pur-
pose of hearing parties upon summonses, hearing applications for time,
leave to amend,
and such other matters as may be brought before him by any rule or order
of the said
Court; and that the mode of procuring the attendance of any party before
the said Chief
Justice at chambers, shall be by summons, to be taken out from the
Registrar's Office,
which summons shall state the names and description of tho parties, and
the object of
the attendance, and shall be signed by the Registrar or his deputy.
Office hours and ^ ,. 28. And be it further enacted and ordained, that
the offices of the said Supreme
holidays. Court shall be open every day during term, between the hours of
ten in the morning,
and four in the afternoon, and out of term, between tie hours of ten in
the morning, and
three in the afternoon, except upon Sundays, and the holidays hereinafter
mentioned, and
the months o£ June, July, August, and September, for the issuing of
processes, the
filing of affidavits, petitions, declarations, pleas, answers, and other
pleadings, and
granting copies thereof, and for doing and performing all other necessary
acts, duties,
and things in the said offices: and the holidays in the said offices
shall be New Year's
Day, Good Friday, Easter Monday, Hex Majesty's Birthday, Ascension Day,
Whit
Monday, the anniversary of Her Majesty's Coronation, and Christmas Day,
and the
day after.
30. And be it further enacted and ordained, that all suite and actions of
a
common law nature, shall be commenced in the said Supremo Court by
summons, or
other process in the nature of a writ of summons; and that at the time of
issuing such
writ of summons the plaintiff shall lodge, with the Registrar of the
Court, a short
statement, or abstract, in writing, of the cause of action, and the
Registrar of the Court
shall iudoxse, on the back of such writ of summons, the amount of the
debt or damages
Warrant to sue, sought to be recovered, together with the sum due for
casts: and in every suit or action
which shall be hereafter commenced in the said Court, where the plaintiff
shall complain
by attorney, the attorney of the party complaining shall, before any
process issued
out to compel the appearance of any person to answer any complaint or
demand, ale
his warrant or authority to sue, signed by the party complaining, with
the Registrar
of the said Court.
31. Provided always, and be it further enacted and ordained, that if any
person
shall have a claim, or ground of action, of whatever nature, against any
other person
who shall be about to leave the Colony, or who may reasonably, be
suspected of an
intention so to do, either for the purpose of avoiding process in such
action, or
otherwise, and, the party having such claim or ground of action as
aforesaid, shad
produce to the said Chief Justice an affidavit of such his right of
action, and of tie
intention of such other party to leave the Colony, and shall also state
in such affidavit
the grounds upon which he believes that the other party is about to leave
the Colony as
aforesaid, in such case it shall be lawful for the said Chief Justice to
order a writ of
capias ad respondendum, (in the form given in the schedule hereunto
annexed, marked
ORDINANCE, No. 15 .oF 1844.
Supreme Cou?'t.
(No. 1.)) to be issued to take and arrest the body of such other party so
about to leave the
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
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, at his request, and
at his charge,
a true copy: Provided always, that if upon any such arrest the defendant
shall give
to the sheriff reasonable security by bond or obligation of the said
defendant, 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
Court thereon, or
render himself to the prison of the said Court in 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.
32. Provided also, and be it further enacted and ordained, that where in
any
suit or action the defendant shall have been arrested or held to bail as
aforesaid, if the
plaintiff in such suit or action shall not prosecute his claim with all
reasonable
diligence and despatch, it shall be lawful for the Chief Justice of the
said Court to
order the said defendant to be discharged out of custody or the bail bond
to be
delivered up to be cancelled, and to make such further order in the
matter as to the said
Chief Justice shall seem fit.
Power of Court
to order a
defendant's
discharge.
33. And be it further enacted and ordained, that if upon the trial of any
suit or Maueieasarr~est.
action in which the defendant shall have been so arrested, or held to
bail, as aforesaid, it
shall appear to the Court that the arrest of the defendant was vexatious
and malicious,
and without any reasonable or probable canse,.and that the order for such
arrest was
obtained upon a wilful misrepresentation 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 compensation 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 lie is hereby
authorized, to commit the
ORDINANCE No. 1.5 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.
34. And be it further enacted and ordained, that all civil process of the
said
Supreme Court may be sued out by any person having any demand or matter of
complaint against any other parson whatsoever (excepting against the
Governor, or
the Officer administering the Government of the Colony for the time
being, as against
vwham 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 tile 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 part)
suing out the
same.
35. And be it further enacted and ordained, that the common process of
the said
Court to compel the appearance of any person to answer any complaint or
demand in
all civil suits and actions, where there can be no arrest of the
defendant, shall be by
wait 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
hereinbefoxe 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
bath not done so, which said writ of summons shall, as near as may be, be
in ono or
other of the forms, according to the nature of the snit or action, in the
schedule hereunto
annexed, marked (No. 3.).
Service of
process.
No service of -
civil process on
a Sunday, except
in-case of sweat.
36. And be it further enacted and ordained, that in all cases where by
law there
can be no arrest of the defendant, a copy of the writ of summons shall be
nerved, either
personally on the said defendant,.or by leaving the same at his dwelling
house or place
of abode, or at his counting house ox place of business.
37. And be it further enacted and ordained, that no service of any
process, order,
notice, or proceeding, ox any act done in any civil suit or action,
except in case o£
arrest, shall be valid or effectual i£ 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
ORDINANCE' \o. 15 or 184.
Supreme Court.
required to be done by any party in Court, at a time which would
otherwise fall on a
Sunday or holiday, shall be valid and effectual if done on the following
day.
38. And be it further enacted and ordained, that the sheriff of the said
Colony
shall, upon the return day of all civil process, deliver into the office
of the Registrar of
the said Court, the said process, together with a return indorsed
thereon, or annexed
thereto, of what he has done by virtue thereof; and the plaintiff, or
defendant, or their
respective attornies, may at any time have an office copy of the said
process and the
return thereto, at the cost of the party applying for the same: and if
the said sheriff
shall have taken from any person arrested any money, or thing, for, and
to the use, and
on the behalf of the said plaintiff, or any bond, or obligation, by
virtue of any writ of`'
capias ad respondendacm, then the said sheriff shall, after the
expiration of the time
allowed for the defendants, to appear, and in default of appearance, and
being thereto
required by the plaintiff, or his attorney, deliver over to the said
plaintiff, or his
attorney, the said honey or thing, or assign to the said plaintiff such
bond or obligation,
by an indorsement to be thereon made by the said sheriff; under his hand,
which
indorsement shall, as near as may be, be in the form in the schedule
hereunto annexed,
harked (No. 4.~.
$8, And be it further enacted and ordained, that the defendant in any
suit or,
action, upon whom service of any civil process has been made, or who has
been arrested
and given bail for his appearance to answer any complaint or demand,
shall, within
eight days after such service or arrest, either by himself, or his
attorney, enter an
appearance in a book to be kept for that purpose by the Registrar of the
said Court:
Provided nevertheless, that any party, against whom any writ of summons;
or other
process, may have been issued iii respect of guy claim or demand against
him, tray
appear personally before the Court and admit the same, and the Registrar,
or other
officer of the Court, shall thereupon take down in writing such his
admission, and the
defendant, or some person by him duly authorised, shall sign the sane,
and thereupon,
the Court shall forthwith pronounce judgment.
9:0. And be it further enacted and ordained, that after the defendant in
any suit
or action has entered his appearance by attorney, service of all future
summonses,
demands, notices, and other proceedings in the said suit or action, made
upon the said
attorney, and in like manner upon the attorney of the plaintiff, or left
at his place of
business, shall be valid and effectual, excepting where personal service
upon either party
is by any proceeding, order, or practice of the said Court specially
required a,ud pro-
vided: and all such summonses, demands, notices, and other proceedings
shall be served
before six o'clock at night.,
Return of prneesa
to the Registrar's
office.
dotFendaut to he
entered in the
Registrar's offi6e,
except whereEhe
defendant
intends to admit
the clatmagalnat
him.
SI
ervice of notices
&e'., after the
defendant has
appeared by
attorney.
4'1. And be it further enacted and ordained, that in all suits and
actions where the TiMe Of Ming
declaration or
defendant has entered an appearance to answer any complaint or demand,
the decla- claim.
ration or claim of the plaintiff shall be filed in the office of the
Registrar, and notice
thereof shall be, given to the defendant, or his attorney within one
month after such
appearance, in default whereof the, plaintiff shall be barred from
declaring or malkinti
64
ORDINANCE No. 15 of 1844.
Supreme Court.
claim; and where the defendant does not appear to the said process, and
an appearance
shall have been entered for him by the plaintiff, the declaration or
claim shall be in like
Requisites of manner filed in the office of the Registrar within the time
aforesaid: and such declara-
declaration. 41
Lion or claim shall correspond with the writ of summons, or other
process, in every
material point, and shall state truly, and concisely, the name and
description of the
party suing, and the right in which he sues; the name of the defendant,
and the right
in which he is sued; the nature, extent, and grounds of the cause of
action, complaint,
or demand, and such conclusions as, according to the form of each
particular suit, or
action, the plaintiff shall by law be entitled to deduce therefrom; and
if any argumen-
°tatise or irrelevant matter be stated in the declaration, or claim, the
same being shown
to the Court shall be struck out of the declaration or claim, with or
without the pay-
ment of coats, as the Court shall direct.
Time ofpleading. 42. And be it further enacted and ordained, that in all
canes whore the defendant
has appeared he shall plead, or answer, within eight days next after the
filing of the
plaintiff's declaration or claim, and notice thereof served on the said
defendant or his
attorney (unless upon application to the Court; or to the Chief Justice
at chambers,.
further time be granted to the defendant for that purpose): Provided due
notice to
plead has been given to the defendant, and provided also, that a written
demand o£
plea has been served by the plaintiff or his attorney on the opposite
party after the
expiration of the said night days, and. twenty-four hours have elapsed
after the service
of the said demand; in default whereof the defendant shall be barred from
pleading or
answering thereto, and the plaintiff shall be at liberty to sign
judgment: and in case
the said defendant shall, within the time hereby limited, plead to the
said declaration,
he shall in his plea either admit, deny,, or confess and avoid, all the
material facts
alleged in the declaration or claim of the said plaintiff, and shall
clearly and concisely
state and set forth the same; and if any argumentative or irrelevant
matter be stated
in the said plea, the same being shown to the. Gtourt, shall be struck
out of the plea,
with or without payment of coats, as the Court shall direct.
Requisites of plea.
Declaration to be
flied in
Re~1attar's office
if defendant do
not appear.
to
43. .And be it further enacted and ordained, that in all suits and
actions where
the defendant, having been served with a copy of the writ or process
therein, has not
appeared within the time prescribed by the name, the declaration or claim
shall be filed
by the plaintiff or his attorney in the office of the Registrar of the
Court, having
endorsed. thereon ' Filed for default of appearance, G. H. plaintiff's
attorney, No.
Street, Victoria,' or 'A. B. of plaintiff';' and a copy of the said
declaration or claim shall be served upon the said defendant, or, in case
he cannot be
found, shall be left at his dwelling house or place of abode, together
with a notice in
writing subjoined thereto, and signed by the plaintiff or his attorney,
and containing
his address, informing the defendant that the said' declaration or claim
has been filed
by the plaintiff on his default; and also containing a notice that the
defendant must
plead, or answer thereto, within eight days after such service; and that
in default
thereof he will be debarred from pleading or answering thereto.
ORDINANCE No. 1.5 or 1$44.
Supreme Court.
44. And be it further enacted and ordained, that the plaintiff shall be
at liberty, Within what
time plaintiff
after the filing of the plea, answer, or demurrer, of the defendant,
forthwith to reply to reply.
thereto, and shall be obliged to reply, or answer thereto within eight
lays after the
filing and notice thereof, unless upon application to the Court or to the
Chief Justice
thereof at chambers, further time be given to him for that purpose; and
in default
thereof, and after the expiration of twenty-four hours after a written
demand of replica-
tion has been made and served by the defendant or his attorney,'the
plaintiff shall be
barred from replying or answering thereto, and the defendant shall be at
liberty to sign
judgment of non. pros.
45. And be it further enacted and ordained, that if the replication of
the,said^
plaintiff shall contain any now matter, the defendant shall be allowed to
rejoin to the
said replication, but not otherwise, unless with leave of the Court, or
Chief Justice at
chambers, for that purpose given; and such rejoinder of the defendant
shall be filed,
and notice thereof given, within eight days after the filing and notice
of the replication
or answer of the plaintiff; unless upon application to the Court, or to
the Chief Justice
thereof, further time be given for that purpose; and in default thereof,
and after the
expiration o£ twenty-four hours after a written demand thereof, the
defendant shall be
barred from rejoining thereto, and the plaintiff shall be at liberty to
sign judgment.
48. And be it further enacted and ordained, that whenever it shall happen
that
the plaintiff, by his default, shall be barred from declaring or making
claim, and that
the defendant, by reason of such default, shall be at liberty to sign
judgment against
him for not proceeding in the said cause, such judgment shall be signed
and entered in
a book kept by the Registrar for that purpose: and thereupon the said
defendant shall
Rejoinder -in
what cases and
within what
time.
Judgment
againat tile
plaintiff for not
proceeding in
the canoe.
proceed to tag the costs of the said cause against the plaintiff.
4'l. And be it further enacted and ordained, .that whenever either party
in the Consequences of
default and how
cause shall, by his default, be barred from declaring or making claim
pleading, answer- remedied.
ing, replying, or rejoining, as the case may be, the pleadings therein
shall be considered
as closed: Provided, however, that the party in default may, at any time
before final
judgment, by order of the Chief Justice of the said Court, purge hisasaid
default, and
be admitted to declare or make claim, plead, answer, reply, ox rejoin,
upon an affidavit
of merits and other sufficient grounds, to the satisfaction of the said
Chief Justice,
upon such terms as the said Chief Justice shall impose.
48. And be it further enacted and ordained, that either party may, upon
applica-
tion to the Chief Justice of the said Court at chambers, obtain time to
declare, or make
claim, plead, answer, reply, or rejoin, or an order to amend the
pleadings, or schedule
thereto annexed respectively, upon sufficient cause shown to the
satisfaction of the said
Chief Justice, and upon such: terms as he shall impose.
49. And be it further enacted and ordained, that all pleadings, in any
civil case, Pleadings to be
signed by
shall be signed by a barrister, and filed with the Registrar of the said
Court, within the eonnael, time of
filing pleadings,
office hours, on the day on which the same should°, by any rule or
practice of the said
Court, be filed, and either party in the cause may, at all reasonable
times, search for
,such pleadings, and ask for, and obtain copies of the same, at his own
expense.
Time to declare,
or plead, &c.,
how obtained.- y
d'ocrinnen, ta ry
evidence 1:o be
anno8ed to .
pleadings.
Setting aside
proceedings for
trregalarity.
Setting down
asses for
argument.
ORDINANCE No. 15 oF 1844'.
Supreme Court.
50. And be it farther enacted and ordained, that there shall be annexed
to the
declaration and pleadings, in every civil cause, a schedule of all
documents or papers
which the plaintiff and defendant respectively propose to give in
evidence upon the
trial of the said cause, and inspection and copies of all such documents
and papers
shall be given, if in the possession, or under the control, of either of
the parties
respectively, to the opposite party, or his attorney, upon his request,
and at his expense.
51. And be it further enacted and ordained, that where any proceeding in
a cause
has been irregular or` improper, it shall be competent to the party
complaining of the
irregularity, before taking any,further step therein, to apply to the
Court, in term time,
to see aside such proceedingy a motion for a rule of Court, calling upon
the opposite
party to show cause why the same should not he set aside for
irregularity; and the
Court, upon service of ouch rule, shall make such further order therein
as shall seem fit.
52. And be it further enacted and ordained, that where after the written
plead-
ings in any suit or action are closed, and, the facts therein stated
being admitted the
law arising therefrom only is disputed, either party may set down the
case for hearing
in the paper of cases for argument, upon giving seven days notice thereof
to his
opponent previous to the day for argument; and for that purpose shall
give a note.
thereof to the Registrar of the Court, containing the names of the
parties, their counsel,
and attornies, four days at least before the day appointed for argument,
and shall at
the, same time deposit with the said Registrar, for the use of the Court,
a written
statement of the matters and points of law intended to be argued.. .
setting down
-causes for trial. 5$, And be it further enacted and ordained, that where
after the written plead.
ings in any suit or action are closed, the facts therein stated, whether
dependent upon
documentary evidence, or otherwise, as well as the law applicable
thereto, or the facts
alone, are disputed, the plaintiff may forthwith set down the cause in
the paper of
causes fox trial; and for that purpose shall give a note thereof to the
Registrar cf the
Court, containing the names of the patties, their counsel and attornies,
four days at
least before the day appointed for trial: and in like manner the
defendant may set
down the cause for trial, if the plaintiff shall neglect to do so within
the term next after
that in which issue is joined.
Notice afyrial. 174. And be it furtlier enacted and ordained, that notice
of trial shall be given by
the party setting .down the cause, to his opponent, seven days previous
to the day of
trial; but where it shall be made to appear to the Court, or to the Chief
Justice
thereof at chambers, upon the application of either patty, that the
witnesses in the said
cause, or any of them reside out of, or are absent from the said Colony,
then it shad be
lawful for the said Court, or for the said Chief Justice, to grant such
further tlimQ for
the trial of the said cause, as shall seem reasonable and proper.
Countermanding 55. And be it further enacted and ordained, that the party
giving notice of trial
notice of trial.
may, at any time before the day of trial, countermand the said notice,
upon payixient of
the costs, if any, incurred by his giving such notice and countermand;
such costs to lee
taxed by the Registrar.
OIrDINANC E NO. 15 0F 184.
Supreme Court.
56. And be it further enacted and ordained, that either party desiring the
attendance of any person to give evidence on the trial of a cause, may,
of right; without
any prior proceeding whatsoever, take out from the office of the
Registrar of the Court,
one or more writs o£ subpoena for that purpose; each of which said writs
of subpoena
may contain the name of four persons, and service thereof upon any person
therein
named, shall be made by delivering to him a copy of the said writ of
subpoena, and at
the same time showing him the original, and informing him of the,
exigency thereof;
and any person being so served with a copy of the said writ of subpoena,
a reasonable
time before the day of trial, and his reasonable expenses having been
paid, or tendered
to him, and not having any lawful impediment, shall ohis default, be
liable to be^
attached, fined, and imprisoned, for his contempt of the process of the
Court, without
prejudice to any other claim or remedy the party aggrieved by his default
may, by law,
have against him on that account: and the said writ of subpoena shall, as
near as may
be, be in the form in the schedule hereunto annexed, marked (No. 5.).
5'7, And be it further enacted and ordained, that if any witness shall
have in his ' sabxwwa a«cee
tecran.
possession or control, any deed, instrument, or writing, which the party
requiring his
attendance is desirous to give in evidence, then the said writ of
subpoena shall be in the
form in the schedule hereunto annexed, marked (No. 6.).
5$. And be it further enacted and ordained, that when the testimony of any
witness is in danger of being lost, before the matter to which it relates
can be made the
subject of judicial investigation, either party desiring his testimony
shall apply in term
time to the Court, on motion, or in vacation, upon affidavit, to the
Chief Justice at
chambers, setting forth the particular circumstances under which the same
is made,
that the said witness may be forthwith examined de bene esse, or
conditionally, either
before the Court, or before a commissioner to be appointed by the said
Court for that
purpose, according as such witness resides near to, or at a distance
front Victoria; and
the said Court, or Chief Justice, will thereupon make such order as the
justice of the
case nay require.
59. And be it further enacted and ordained, that it shall and may be
lawful to
and for the said Supreme Court, in all proceedings therein, whether of a
civil or
criminal nature, to order and allow to all persons examined as witnesses
in any such
proceedings, 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 loss of time.
80. And be it further enacted and ordained, that if any person served
with a
subpcena to attend the said Court as a witness in any suit or action
therein, or upon the
trial of any indictment or information, shall refuse or neglect to attend
the said Court
pursuant to such s2ebpcena, 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 hunc'.red dollars, or by imprisonment fox
guy time not
exceeding two calendar months: Provided, that nothing herein contained
shall effect
witnesses.
Subyttnn.
lurprnlnatiop of
witnesses do-
beare Ma.
Allowance of
expenses and
compensation to
witnesses.
pnnislunenG of
witnesses for
non-attendance,
and of persons
guilty of a
contempt of -
Court. .
,:4$~ ORDIl~'A.NCE NO. ~~> of 1844.
Supreme, court.
or abridge the right of any plaintiff or defendant to proceed against any
party for not
appearing pursuant to his mhpmna, for the recovery of any special damage
such
plaintiff or defendant may have sustained by reason of the disobedience
of any such
party.
. $1. And be it further enacted and ordained, that if in' any suit or
action, or in
any proceeding connected therewith, it shall appear to the Chief Justice
of the said
Supreme Court, that any person examined as a 'witness upon oath, or, if a
quaker, on
affirmation, has committed wilful and corrupt perjury, or that any person
in swearing
or affirming, in any affidavit or, affirmation required to be made before
the said Chief
Justice, has been guilty of==fe lite offence, then, and in each and every
such case, it
shall and may be lawful for the said Chief Justice to direct a
prosecution for perjury
to be forthwith instituted against any such person so falsely swearing or
affirming as
aforesaid, in order that he or she may be punished according to law; or,
where such
perjury is committed by any person examined as a witness in open Court,
it shall be
lawful for the said Chief Justice, instead of directing such prosecution
to be instituted
as aforesaid, either to commit such witness, as for a contempt of the
Court, to the prison
of the said Court, for any time not exceeding two calendar months, or to
fine such
witness in any sum not exceeding one hundred dollars: Provided, that
where any
person examined as a witness, or making any statement in the nature of an
affidavit,
shall be of Chinese origin or extraction, the powers bereinbefore given
shall be in full
force and operation, although no oath shall have been administered to
such witness or
person making such statement as aforesaid, or, if administered,
notwithstanding any
irregularity or want of form in the administration thereof.
Court row order. 62. And be it further enacted and ordained, that it shall
be lawful for the said
rt4oueyto.be paid
bytneralmauts. Supreme Court to order and adjudge any sum of money
recovered therein, in any
action or suit whatsoever, to be paid at such time, or intervals of time,
and in such
portions, or instalments, as the circumstances of the case may render
just and expedient:
Provided, that the time within which any such sum of money shall be made
payable,
whether by instalments or otherwise, shall in no case, except with the
consent of the
plaintiff, exceed six months from the time of making such order and
adjudication as
aforesaid:' Provided also, that where the money so recovered shall be
ordered to be
paid by instalments, if the defendant shall make default in payment of
any of such
instalments, the whole of the instalments then remaining unpaid shall
become due, and
the plaintiff shall be at liberty to proceed for the recovery, thereof,
together with all
coats, in the same manner as if no such order as aforesaid had been made.
t:xeeution pf $3. Aid be it further enacted and ordained, that the party
in whose favour airy
judg~rsents, &c. final judgment, decree, or sentence of the said Court, in
any civil suit or action, has
been pronounced or given, where, by law, or by this. Ordinance, there can
be no appeal
to Her Majesty in Council, or where, ,there being such right of appeal,
no petition for
leave to appeal is lodged within the time appointed for so doing, may, at
his own risk,
and without any leave for that purpose, sue out of the office of the
Registrar of the said
ORDINANCE No. 15 of 184.
Supreme Court.
Court one or more writs, or processes for the execution thereof: Provided
that no such
writ or process shall issue against the immovable property of any person,
to raise any,
sum of money, debt, or damages, by the sale thereof, (except where by
sentence of the
Court such immovable property niay be declared to be specially liable to
sale,) until any
writ or process, which may have been issued against his movable property,
shall be first
returned, and the Court shall perceive thereby that the said person has
not sufficient
movable property to satisfy the exigency of the said writ or process; or,
if no such writ
or process shall have been issued, then until upon motion to the said
Court for that
purpose made it shall appear to the satisfaction of the said Court, that
the person, against
whose immovable property such writ or process is desired, has no movable
propprty~
which can be taken in execution of the seutende of the said Court, or not
sufficient to
satisfy tile same: anal no writ or process of execution shall issue for
the levying and
raising of any costs awarded by the said Court to any party, until the
salve shall have
been taxed by the Registrar of the said Court; and, for that purpose, the
plaintiff or
defendant, or attorney of the party obtaining any appointment for
taxation from the
Registrar, shall give due notice to the opposite party of such
appointment, in order that
he may be present thereat: and the Registrar shall, in his taxation and
allowances,
pursue such instructions as shall from time to time be given to him by
the Court for that
purpose; and either party, feeling aggrieved by his decision, may apply
to the Court, Oil
motion, specifying the items, charges, or allowances objected to, that
the said Registrar
may review his taxation.
64. And be it further enacted and ordained, that the judgments, decrees,
and
orders of the said Chief Justice, shall be carried into execution in any
district, or place,
whatsoever within the said Colony and its dependencies, where the
defendant, leis goods
or chattels, may be found or be met with.
.1ndRWenta,'d:e.
may be eaeeyted
uny where within
the Colony. -
85. Provided always, and be it further enacted and ordained, that no writ
of l,erY on
defendant's
execution against the goods, chattels, sad effects of the defendant,
shall be executed goods tebemnde
between sunrise
at any time after sunset, nor before sunrise, and if any officer or
person shall execute 'Ind 'I'llet-
spy such writ after sunset, or before sunrise, such officer or other
person shall be
subject and liable to a fine of not exceeding fifty dollars, which shall
beset 1>y the
Chief Justice of the said Court, and enforced by distress and sale of the
offender's goods.
gg, And be it farther enacted and ordained, that all motions, or special
applies. l,rottons.
bona to the Court, shall be supported by affidavits of the facts or
circumstances upon
which the same are made, which affidavits shall be sworn before the Chief
Justice, or a
Commissioner of the said Court.
g'7. And be it further enacted and ordained, that all memorials,
petitions, and
special applications to the Court, shall be brought before the Court by
motion, in
manner appointed for motions by the sixty-sixth section of this
Ordinance; and all such
memorials, petitions, or applications, shall be delivered to the
Registrar, at his office, the
day before tile same are moved in Court; and the Registrar shall make a
roll thereof, and
call on the same in order; and no such memorials, petitions, or
applications shall be sent'
to tile Chief Justice of the said Court.
Mew orjnn, &C. co
be brought
before the Court
by motion.
writ of error.
Appeal.
ORDINANCE No. 15 ox 184.
,.>'upreme Court.
68. And be it further enacted and ordained, that the Governor, in his
Executive
Council, shall constitute and be a Court of Error and Appeal, to whom it
shall be lawful
for any party to appeal by writ of error, or petition, from any decision,
decree, or
order of the said Supreme Court, in all matters of law and equity, where
the matter
in dispute shall amount to the sum of one thousand five hundred dollars,
but not
otherwise: Provided, that no such writ of error, or petition, shall be
allowed after the
expirajtion of fourteen days next after the decision, decree, or order of
the said Supreme
Court. shall have been pronounced.
89. And he it enacted and ordained, that any person or persons may appeal
to Her Majesty, Her Heirs and Successors, in Council, from any judgment,
decree,
order, or sentence of the said Supreme Court, or of the said Court of
Error, in such
manner, within such time, and under and subject to such rules,
regulations, and
limitations, as are hereinafter mentioned,-that is to say, in case any
judgment, decree,
order, or sentence, shall be given or pronounced for, or in respect of,
any sum or matter
at issue above the amount or value of five thousand lawful current.
dollars of Hongkong;
or in ease such judgment, decree, order, or sentence, shall involve
directly or indirectly,
any claim, demand, or question to, or respecting property, or any civil
right amounting
to, or o£ the value o£ five thousand such dollars as aforesaid, (save and
except where the
matter in dispute shall relate to the taking or demanding of any duty
payable to Her
Majesty, or to any fee of office, or to any other matter or thing in
which the Crown has
an interest, or where rights in future may be bound, or to any general
right or duty, in
any of which cases an appeal shall lie, notwithstanding the value of the
matter or thing
in dispute shall not amount to five thousand dollars,) the person or
persons feeling ag-
grieved by any such judgment, decree, order, or sentence, may, within ono
calendar month
next after the same shall have been pronounced, made, or given, apply to
the said Court,
by petition, for leave to appeal therefrom to Her Majesty, Her Heirs and
Successors, in
Council; and in case such leave to appeal shall be prayed by the party or
parties, who is
or are directed to pay any such sum of money, or perform any duty, the
said Court shall,
and is bexeby empowered, either to direct that the judgment, decree,
order, or sentence
appealed from, shall be carried into execution, or that the execution
thereof shall be
suspended, pending the said appeal, as to the said Court may appear to be
most consistent
with real and substantial justice : and in case the said Court shall
direct such judgment,
decree, order, or sentence, to be carried into execution, the person or
persons in whose
favor the same shall be given, shall, before the execution thereof, enter
into good and
sufficient security, to be approved by the said Court, fox the due
performance of such
judgment, or order, as Her Majesty, Her Heirs and Successors, shall think
fit to make
thereupon: or in case the said Court shall direct the execution of any
such , judgment,
decree, order, or sentence, to be suspended pending the appeal, the
person or persons,
against whom the same shall have been given, shall in like manner,
andbefore any order
for the suspension of any such execution is made, enter into good and
sufficient security
to the said Coort for the due performance of such judgment, or order as
Her Majesty,
Her Heirs and Successors, shall think fit to make thereupon: and in all
cases it is
ORDINANCE No. 15 of 184.
Supreme Court.
required that security shall also be given by the party or parties
appellant, to the satis-
faction of the said Court, for the prosecution of the appeal arid for the
payment of aft
such costs as may be awarded by Her Majesty, Her Heirs and Successors, to
the party
respondent: and if such last mentioned security shall be entered into
within one month
from the date of such petition for leave to appeal, then, and not
otherwise, the said
Court shall allow the appeal, and the party or parties appellant shall be
at liberty to
prefer and prosecute his, her, or their appeal to Her Majesty, Her Heirs
or Successors
in Council, in such manner and under such rules as are observed in
appeals made to
Her Majesty from her plantations or colonies. Provided always, that
nothing herein
contained shall be construed to affect or abridge in any way the right of
any persoai of
persons to present his, her, or their petition or, appeal; against any
judgment, or deteirtni:
nation of the said Court, to Her Majesty, Her Heirs and Successors, in
Council.
70. And be it further enacted and ordained, that in all cases of appeal
allowed by Copies of
the said Court, or by Her Majesty, Her Heirs and Successors, the said
Court shall certify ue forwanaed to
England,
and transmit to Her Majesty, Her Heirs and Successors in Council, a true
and exact
copy of all evidence, proceedings, judgments, decrees, and orders, had or
made in such
cases appealed against, as far as the same have relation to the matters
of appeal: such
copies to be certified under the seal of the said Court.
71. And be it further enacted and ordained, that the said Court shall in
all cases
of appeal to Her Majesty, Her Heirs or Successors, conform to and
execute, or cause to
be executed, such judgments and orders as Her said Majesty, Her Heirs and
Successors
shall think fit to make in the premises, in such manner as any original
judgment
decree, or deeretal order, or other order or rule of the said Supreme
Court of Hongkong,
should or might have been executed.
72. And Whereas, owing to the smallness of the population at present
existing in
the Colony of Hongkong, very great hardship and inconvenience would be
entailed
upon such of the inhabitants thereof as are fit and qualified to act as
jurors, by
requiring, according to the law and custom of England, the full number of
twelve per-
sons to constitute a .jury upon the trial of civil and criminal
proceedings; Be it
therefore further enacted and ordained, that all questions of fact,
whether of a civil
or criminal nature, upon which issue shall be taken in the course of any
proceeding
before the said Supreme Court, and all questions of idiotcy, lunacy, or
unsoundness
of mind, shall be decided by the verdict of a jury of six men.
73. And be it further enacted and ordained, that every male person
between the
ages of twenty-one years and sixty years, being of sound mind, and not
afflicted with
deafness, blindness, or other infirmity, who shall hold property in
lands, houses, build-
ings, or tenements, of the monthly value of twenty-five dollars or
upwards, either in his
owlT right, or as tenant to any other person, or who shall be in the
receipt of an annual
salary orincbxbe of not less than one thousand dollars per an num, within
the said Colony
of Hongkona, and who shall' z'eeide within thessalne; shall lie qualified
and liable to serve
as a common juror therein: Provided, that, no person holding any office
or situation of
Court to, exocittc
judgment in -
appeal. .
Trial by Jury.
Number of
jurors.
Who qualified
and liable to
serve as cothmon
jurors.
f:2
Special jury.
ORDINANCE No. 15 of 1844.
Supreme Court.
emolument under the Government of Hongkong, nor any barrister, physician,
attorney,
or surgeon actually practising as such within the acid Colony, nor any
clergyman,
or dissenting minister, nor any officer employed in the military or naval
service of
Her Majesty, or the East India Company, shall be, or he deemed liable to
serve as a
juror in any case.
'l4. And be it further enacted and ordained, that if either the plaintiff
or the
defendant in any suit or action, or the prosecutor or defendant in any
indictment, or
information, other than for treason, or felony, shall be desirous of
having such suit or
action, indictment or information, tried by a special jury, (such special
jury to consist
.<,)f egg men qualified as hereinafter mentioned) it shall be lawful for
the Court, upon
motion for that purpose, to order and appoint a special jury to be struck
before the
Registrar, or other officer of the Court, for the trial of any issue
joined in any of
the said cases, and triable by a jury, in such manner as is usual in
England, or as the
Court shall direct: Provided that the party applying for.such special
jury, and who
shall have obtained a rule or order of the Court for that purpose, shall
on entering
the cause for trial, deposit with the Registrar, or other officer of the
Court, a sum
sufficient to cover the expenses of the special jury, otherwise the said
rule or order of
the Court to be of no effect.
Qualificationecialjurof 1,/arore.f 76. And be it further enacted and
ordained, that every male person between. the
ages of twenty-one years and sixty years, being of sound mind, and not
afflicted with
deafness, blindness, or other infirmity who shall be an esquire or person
of higher
degree, or who shall carry on the trade or business of a banker or
merchant within the
said Colony of Hongkong, and who shall reside within the same, shall be
qualified and
liable to serve as a special jury therein: Provided, that no person who
is hereinbefore
exempted from serving as a common juror shall be liable to serve on any
special jury.
78, And be it further enacted and ordained, that from and immediately
after the
publication of this Ordinance, the sheriff of the said Colony of Hongkong
shall make or.
cause to be made out, two separate and distinct lists, in alphabetical
order, of all men
who shall be qualified and liable to serve as common or special jurors as
aforesaid,
setting forth the Christian and airnames of each at full length, together
with his place
of abode, and shall sign and transmit copies of such lists to the
Registrar of the said
Supreme Court, which lists when so transmitted shall be called
respectively the:.
°` Common Jurors List,' and the 'Special Jurors List,' and shall be in
use until the
1st day o£ March, 1845.
Penalty nn 'y7. And be it further enacted and ordained, that if any
sheriff, or other minister,
e~ie iioeanty. or officer, shall wilfully insert, or omit, in the lists of
jurors the name of any man which
ought not to be so inserted, or omitted, according to the lists of jurors
so to be made
out as aforesaid, or shall fail to sign and transmit correct copies of
such lists to the
said Registrar as hereinbefore directed, or shall otherwise fail well and
truly to do and
perform all and every the acts, matters, and things, hereby required to
be by him
performed, such sheriff, or other minister, or officer, shall be fined at
the discretion of
the said Court.
ahorlip.to make
=lists and
tranau3lt same
to Registrar.
ORDINANCE No. 15 0F 1844.
Supreme Court.
78. And be it further enacted and ordained, that on or before the first
day of
January which will be in the year of Our Lord one thousand eight hundred
and forty-
five, and on or before the first day of January in each and every
subsequent year, the
said sheriff shall make out, and transmit two fresh jury lists, in manner
and form as
hereinbefore directed; and all such fresh jury lists, when so
transmitted, shall be
brought into use the first dap of March then next following, and shall
continue to be
used for one pear then next ensuing.
'J8. And be it further enacted and ordained, that whenever it shall be
requisite to
summon a jury, the sheriff shall summon the persona whose names shall
appear on the
jury list in the order in which they shall be placed; and, at the
commencement of'
every year, he shall begin with the names in the new list next after the
names of
the persons who were last summoned in the preceding year.
$p, And be it further enacted and ordained, that the sheriff shall,
before the
sitting of any Court whereat a jury shall tie necessary, issue summonses
according to
the form in the schedule hereunto annexed, marked (No. 7.) requiring the
attendance
thereat of eighteen good and lawful men qualified and liable to serve as
aforesaid, and
not being of affinity or kin to either of the parties to the suit or
prosecution; and
that every such summons shall be personally served upon, or left at the
usual place of
abode of, the person summoned, two clear days before the day appointed
for the sitting
of the Court.
Jury lists to be
in use for one
year.
Order of
summoning
Juries.
Summons,
81. And be it further anacted and ordained, that the sheriff shall also,
at the pant),
same time, cause to be delivered to the Registrar, or clerk (as the case
may be), of the
said Court, a panel containing the names, places of abode, and additions,
of the persona
so summoned.
$2, And be it further enacted and ordained, that if any juror having been
duly,
served with such summons, shall fail to attend, or being present shall
not appear when
called, or after appearance shall withdraw himself without the permission
of the Court,
the said Court shall (unless some reasonable excuse be proved on oath or
affidavit) sot
upon the person so making default such fine not exceeding, in the case of
a common
juror, the sum of one hundred dollars, and in the case of a special
juror, not exceeding
the sum of two hundred dollars, as to the said Court shall seem meet.
Penalty for
hon-attendance.
83. And be it further enacted and ordained, that at the sitting of the
Court the Jury to be
balloted for.
names of all the jurors summoned shall be written on separate pieces of
card or paper
of equal size and put into a box, and the Registrar or clerk of the said
Court shall, in
open Court, draw therefrom until six jurors appear, who, after all just
causes of chal-
lenge allowed, shall remain as fair and indifferent, and the same shall
be done whenever
it shall he necessary to form a new jury.
84. And be it further enacted and ordained, that no person who shall be
put No ebaslenge.
N
except foreanser- upon his trial either for treason, felony, or
misdemeanor, shall be allowed to challenge
any of the jurors except for cause..
Supreme Court.
ORDINANCE No. 1.5- of 1844.
85. And be it further enacted arid ordained, that whenever there shall be
a
deficiency of jurors; it shall be lawful for the Court to put upon the
jury so many good
and lawful men of the bystanders, as shall be sufficient to make up the
full number
thereof.
As to jury for $g, And be it further enacted and ordained, that the names
of the persons sworn
new cease.
as jurors, in manner aforesaid, shall be marked on the list; and those
names so drawn
shall be kept apart by themselves -until such jury shall hale given in
their verdict,
and the same shall be recorded, or until such jury shall, by order of the
Court, be
discharged; and then the said names shall be returned to the bog, there
to be kept with
the other names remaining at that time uridrawn; and so often and so long
as any ease
remains to be tried: Provided always, that if any case shall be brought
on to be tried
in the said Court, before the jury in any other' ease shall have brought
in their verdict,.
it shall be lawful for the said Court to order another jury to be drawn
from the residue
of the said papers, for the trial of the case which shall be so brought
on to be tried
Provided also, that where no objection shall be made on behalf of the
plaintiff, or
prosecutor, or on behalf of the defendant,, or prisoner, it shall be
lawful for the Court
to try any case with the same jury that shall have previously tried, or
been drawn to try,
any other case, without their names being returned to the boa and
redrawn, or to order
the name or names of any person or persona on such jury, whom both
parties may
consent to withdraw, or who may be justly challenged or excused by the
Court, to be,
set aside, and another name or other names to be drawn from the bog, and
to try the
case with the -residue of such original jury, arid with such person or'
persons' whose
name or names shall be so drawn, and who shall appear and be approved as
indifferent ;
and so as often and as long as any case remains to be tried.
sowiurrwhen $7. And be it further enacted and ordained, that after the
jury in any case shall
sworn have been sworn, or charged with any prisoner, they shall be kept in
some convenient
cfeoner,au Rio- ,
rent. place in Court apart by themselves, until the Chief Justice of the
said Court has
summed up the evidence, and has left the case with the said jury; and if
any such
jury shall desire to withdraw for the purpose of considering their
verdict, then they
shall be kept by an officer of the Court in some convenient place apart
by themselves
until they are agreed upon their verdict, or be discharged therefrom by
the Court; and,
the said officer shall be sworn that he will suffer none to have access
to them, or speak,
to them, and that he will not speak to them himself, except to ask
whether they are
agreed upon their verdict, or to communicate between them and the Court.
'How jury to be 88. And be it' further enacted and ordained, that whenever
it may be necessary
kept when
necessary to for the Court to adjourn the further sitting of the said
Court during the trial of any
adJoarn the
conrc, case, it shall be competent to the Court to direct the said jury to
be removed to some
convenient place in the neighbourhood of the Court during the said
adjournment, under
the charge of a proper officer of the Court.
in caaeordeath 89. And be it further enacted and ordained, that whenever
it shall sufn'ciently
or disability of
jnror,3ury may appear to the Court, before whom any- action, indictment,
or info rmatiori, is to be' tried;
be discharged.
that the said jury, by reason of the death or bodily infirmity of any of
them, shall lie -
ORDINANCE No. 15 or 184.
Supreme Court.
disabled from returning a verdict, then the said Court shall discharge
such jury, and shall
cause a new jury to be impannelled, sworn, and charged with any prisoner;
and the said
action, indictment, or information shall be tried as if such first jury
had not been
impannelled.
90. And be it further enacted and ordained, that whenever the jury in any
case
has withdrawn, and been kept apart for the purpose of considering their
verdict, and
shall not have returned the same before all the other cases for trial at
the same sittings
or sessions shall have been disposed of, and when it shall sufficiently
appear to the
Court that the said jury cannot agree upon a verdict, the Court shall
discharge such
jury, and shall cause a new jury to be impannelled, and sworn, and
charged with:any'
prisoner, and the action, indictment, or information, shall be tried as
if such first ,jury
had not been impannelled.
91. And be it further enacted and ordained, that the verdict of the jury
shall in
all cases be given by the foreman, in open Court, and in the presence of
all the said
jury, and, if a criminal proceeding, in the presence of the prisoner, and
shall be there-
upon recorded 1>y the Registrar of the said Court; and the said Registrar
shall before
taking the said verdict ask if they are all agreed thereon, and whether
they find for the
plaintiff, or for the defendant, and in the case of a prisoner whether
they find such
prisoner ' Guilty' or 'Not Guilty;' and the said jury shall either
pronounce a general
verdict for the plaintiff, or defendant, or of 'Guilty' or 'Not Guilty,'
or else, shall
return a special verdict finding the facts of the case: Provided always,
that the said jury
may acquit any prisoner of a part of the charge against him, and find him
guilty of the
remainder.
92. And be it further enacted and ordained, that for the purpose of
bringing a
criminal case under the cognizance o£ the said Court, an indictment or
information,
duly signed by the Attorney General, or, in his absence,'by the Colonial
Secretary, shall
be as valid and effectual in all respects as if the same'had been
presented by a grand
jury.
93. And be it further enacted and ordained, that the process o£ the said
Court
for summoning the defendant to answer any indictment or information, and
fur the
service of a copy of the indictment or information, on any defendant
therein named,
shall be by writ sued out by the Registrar of the said Court, or when
tile prosecution
is at the instance of a private party, by the prosecutor or his attorney,
and the same
shall be directed to the sheriff of the said Colony in the form, or as
near as may be, in
the schedule hereunto annexed, marked (No. 8.).
94. And be it further enacted and ordained, that the said Registrar or
his deputy Notice of trial
on indictment
in Crown cases, or the prosecutor or his attorney shall indorse on, or
annex to, every or information.
indictment or information, and every copy of any indictment or
information, delivered
to the sheriff for service thereof, a notice of trial; which notice shall
specify the Court
before which, and the particular session and time when, he will bring the
defendant to
trial on the said indictment or information; and which shall be as near
as may be in
the form in the schedule hereunto annexed, marked (No. 9.)..
In case jar).
cannot agree
upon verdict.
Verdict.
Indictment or
information.
Process for
summoning
defendant on
indictment, or
information.
ORDINANCE No. 15 of 1844.
Supreme Court.
Ptosectsfor to
deliver to.~
sheritYyroess,
CORY of -
in or
Information and
notice of trial.
Time and mode
of summoning
defendant on
indictment or
information.
Return of service
of copy of
-indictment, &c.
Proceedings on
non-appearance
of defendant
thereon.
Proceedings on
non-appearance
pf prosecutor
after notice of
trial.
95. And be it further enacted and ordained, that the said Registrar, or
his deputy
or the prosecutor or his attorney shall deliver, or cause to be delivered
to the sheriff,
together with the process of the Court for summoning the defendants the
copy of the
s
indictment or information, with noti(:e of trial indorsed on the same, or
annexed thereto;
and, if there are more defendants than one, then as many copies and
notices as there
are defendants; sod, if the prosecution be at the instance of any private
party, the
prosecutor shall also, at the'same time, pay to the said sheriff his
lawful costs and
charges ,for serving the same.
96. And be it further enacted and ordained, that the sheriff shall, as
soon as may
s be,%fter having received a copy ox copies of the indictment or
information, and notice
or notices of trial, and the process of the Court for serving the same,
and, ten days at
least before the day therein specified for trial of the said defendant or
defendants, by
himself, or his deputy, or other officer, deliver to the said defendant
or defendants, the
said copy or copies, and notice ox notices, and explain to him, her, or
them, the nature
and exigency thereof; and when the said defendant or defendants, or any,
or either of
them, cannot be found, he shall leave a copy or copies of the said
indictment or
information, and notice or notices bf trial, with some one of his, her,
or their household
for him, her, or them, at his, her, or their dwelling-house or with some
one o£ his, hex,
or their clerks, for him, her, or them, at his, her, or their counting
house, or place of
business, and, if none such can be found, shall affix the said copy ox
copies, and notice
or-notices, to the outer, ox principal door of the said dwelling-house or
houses.
97. And be it further enacted and ordained, that the officer serving the
copy ox
copies of the said indictment or information, and notice or notices,
shall forthwith
transmit to the Registrar of the Court, a copy of the return o£ the mode
of service
of the said indictment or information indoraed on the writ or process for
serving the
same.
98. And be it further enacted and ordained, that when it shall appear by
the
indorsement made on the writ or process by the officer executing the
same, that the
copy or copies of the indictment or information, and notice or notices of
trial have been
duly served in manner hereinbefore provided,--and the -defendant or
defendants, on
being thrice called on the day appointed for the said trial aoes, or do
not appear, it shall
be competent for the prosecutor to move the Court, 'if tli~e2fendant or
defendants have
been admitted to bail, that he, she, or they, and his, he, or their
sureties may be
called upon their recognizance or recognizauces, and in default of his,
her, or their
appearance that the same may be entreated ; and it shall also be
competent for the
prosecutor to apply to the Chief Justice of the said Court for his
warrant for the
apprehension of the said defendant or defendants.
£19. And be it further enacted and ordained, that; if the prosecutor or
his attorney,
having given notice of trial, shall not appear in Court to prosecute or
prefer the said
indictment or information, before the close of the session of that Court,
before which
he gave notice for trial, it shall be competent for the defendant or
defendants to move
the Court to discharge him, her, or them, therefrom; and when the said
defendant ox
ORDINANCE No. 15 of 1844.
Supreme Court.
defendants, or any other person on his, her, or their behalf, has, or
have been bound by
recognizance for the appearance of the said defendant or defendants so to
take his,
her, or their trial, then that the said recognizance may be discharged;
and, where the
indictment or information is at the instance of a private party, it shall
also be competent
to the defendant or defendants to move the Court that the said private
prosecutor or
prosecutrix and his, or her sureties shall be called oil their
recognizance, and, in default
of his, or her appearance, that the same may be estreated.
100. And be it further enacted and ordained, that the subpwna, or process
of
the Court, for procuring the attendance of any person before the said
Court to give
evidence in any criminal case, shall be sued out of the Registrar's
office by the Regisirar
thereof, or, where the prosecution is at the instance of a private party,
by the prosecutor
or his attorney, or by the defendant or defendants, or his, her, or their
attorney; and
the same shall be delivered to the sberiff, at his office, for execution
thereof, together
with so many copies of the subpoena as there are persons to be served
therewith.
101. And be it further enacted and ordained, that the names of four
witnesses
may be inserted in one aubpama, and they shall be described therein with
such certainty
that the summoning officer may be able readily to find them : and the
form of the said
aubpcena shall, as near as may be, be according to the like form
established in the said
Court in and for civil cases. `
102. And be it further enacted and ordained, that when the prosecution is
at the
instance of a private person, he, or she, or some one on his behalf,
shall, at the time of
delivering the said subpoena, and copies thereof, also pay to the said
sheriff his lawful
costs and charges for executing the same, together with such further sum
or sums of
money as the said private party intends the said sheriff to give or
tender to the said
witnesses respectively for their travelling expenses.
103. And be it further enacted and ordained, that service of any subpoena
upon Service of
subp~na.
any person therein named to give evidence, shall be made by delivering to
him, or her,
or by leaving with some one of his, or her household for him, or her, at
his, or her
dwelling-house, or with some one of his-or her clerks at his or her
counting house or
place of business, when he, or she, cannot be found, a copy of the said
nubpcena, and the
summoning officer, shall, at ~hd same `time, show him, or her, or the
person with whom
such copy is left, the originate, and shall inform him, or her, of the
exigency thereof;
and the said officer shall in all cases indorse on, or annex to, the
original, a return of
the manner of his execution thereof, and shall transmit the saine to the
Registrar of the
Court.
104. And be it further enacted rind ordained, that the prisoner or
prisoners to
be tried on any indictment or information, shall be placed at the bar
unfettered, unless
the Court shall see cause otherwise to order; and the indictment or
information
be read over to him, her, or them, by the Registrar, or other officer of
the Court, and
explained, if need be, by that officer, or the interpreter of the Court;
and such prisoner
or prisoners, shall be required to plead instantly thereto; unless where
the prisoner or
Process for
procuring
attendance of
witnesses on
criminal cases.
How many
witnesses in one
Private
prosecutor to
pay sheriff's v
coats together
with expenses.
Pleading to
indictment or
information..
ORDINANCE No. 15 or 1844.
.Supreme Court.
prisoners is, or are entitled to service of a copy of the indictment or
information, he,
she, ox they, shall object to the want of such service, and the Court
shall find that he,
she, or they, has or have not been duly served therewith.
105. And be it further enacted and ordained, that if any prisoner, being
arraigned
upon, or charged with any, indictment ox information, will not answer to
the indictment
or information, the Court shall, if it shall so think fit, order the
Registrar to enter a
plea of 'not guilty' on behalf of such prisoner, and the plea so entered
shall have the
same force and effect as if such prisoner had actually pleaded the same;
or else the
Court shall thereupon cause a jury to be impannelled to try whether the
prisoner be
of mund or unsound mind; and if lee, or she, shall be found to be of
unsound mind,
the Court shall make such order touching the safe custody of the said
prisoner as to
the Court shall seem just and proper; and if he, or she, shall be found
of sound mind
the Court shall proceed with the trial of the said prisoner.
108. And be it further enacted and ordained, that the Registrar, or other
officer
of the Court, shall note the plea of the said prisoner upon the
indictment, or annex
the same thereto.
10'x. And be it farther enacted and ordained, that the prisoner upon the
general
plea of 'snot guilty;' shall, without any further form, be deemed to have
put himself,
or herself, upon the jury for trial; but when he, or she, shall plead any
special plea,'
the prosecutor shall forthwith verbally reply to the same, unless further
time be
granted to him, or her, by the Court, for that purpose, and the Registrar
or the officer
of the Court shall note such replication upon the indictment, ox
information, or annex
the same thereto, and the Court shall forthwith dispose thereof, or such
further
proceedings shall be had thereon as to the said Court may seem meet.
108. And be it further enacted and ordained, that before the jury are
charged
with the trial of any prisoner, or during the progress of any such trial,
it shall be
lawful fox the Court to amend the indictment ox information in any matter
of form
not calculated to prejudice or mislead the prisoner, in his ox her
defence.
109. And be it further enacted and ordained, that as soon as the prisoner
shall
have put himself, or herself, upon the jury for trial, and the Court
shall order a jury
for the trial of such prisoner accordingly, or for the trial of any
special issue arising
upon the record, the said jury shall be thereupon called, shorn, and
charged, in manner
provided for that purpose.
110. And be it further enacted and ordained, that no judgment upon any
indict-
ment, or information, whether after verdict of the jury, or upon
confession of the
prisoner, ox otherwise, shall be stayed or reversed, except upon
objections arising upon
the said indictment or information, as on record, and whereby the
proceedings thereon
are rendered erroneous or defective.
111. And be it further enacted and ordained, that no such judgment shall
be
stayed or reversed for want of the averment of any matter unnecessary to
be proved;
nor because any person or persons mentioned in the indictment or
information, is, or
are, designated by name of office or other descriptive appellation,
instead of his or their
Refusal to plead.
Noting pica.
Effect of plea
of snot guilty,'
or of special plea.
Amendment of
indictment or
Information,
when the jury
shall be charged
with prisoner.
Judgment not to
be reversed,
except upon
objections
arising upon
race:d,
Judgment not to
be reversed for
want of
avermente
of immaterial
matter, Sac.
ORDINANCE No. 1 ') oF 1844.
Supreme Court.
proper name or names; nor for omitting to state, or erroneously statink,
the time or
place at which the offence was committed, in any case in which time or
place is not of
the essence of the offence, provided that the Court shall appear by the
indictment or
information to have had jurisdiction in the case; nor on the ground of
any objection
to the form or relevancy of the indictment or information which, if
stated before the
jury were impaunelled, or during the process of the trial, might have
been amended by
the Court; nor because of any error committed in summoning the jury, or
any of
them; nor because any person who has served upon the jury has not been
returned by
the sheriff; nor because of any objection which might have been stated as
a ground of
challenge of any of the jurors, except the objection of minority.
112. And be it further enacted and ordained, that in all matters and
proceedings
in the said supreme Court there shall be taken and allowed such fees as
the Court shall
from time to time order and direct; and that the fees specified in the
schedule hereunto
annexed, marked (No. 10.) shall be the lawful fees to be taken and
allowed in the said
Court (other than in proceedings under the summary jurisdiction thereof
as hereinafter
provided), unless and until the Court shall otherwise order and direct.
And all fees
received by the Registrar, as well as those' received by the inferior
officers of the Court,
shall be accounted for quarterly by them respectively to the Colonial
Treasurer.
113. And be it further enacted and ordained, that the said Court shall
have full
power and authority to hear and determine in a summary way, anq without
the inter.
vention of a jury, all disputes and differences between party and party,
touching any
matter of debt, breach of covenant or promise, injury to the person or
property, ox
other matter, where the debt or damages sought to be recovered shall not
exceed the
sum of one hundred dollars, except the matter in question shall relate to
the title of
any lands, tenements, or hereditameuts, or to the taking of any duty
payable to Her
Majesty, or to any fee of office, or other matter, where rights in future
might be bound,
or to any general right or duty; Provided, that no party shall be
precluded or exempted
from suing or being sued under the aforesaid summary jurisdiction by
reason of his or
her not having attained the full age of twenty-one years, or by reason of
coverture
where the husband shall not be resident within the said Colony of
Hongkong.
114. And be it further-enacted and ordained, that no cause of action or
complaint
which shall exist at any, one time end shall amount in the whole to a sum
exceeding the
sum of one hundred dollars as aforesaid shall be split or divided, so as
to be made the
ground of two or more different actions or complaints, in order to bring
such cases
within the summary jurisdiction created by this Ordinance; but if the
Chief Justice of
the said Court shall find that the plaintiff in any case shall have split
his cause of
action or complaint as aforesaid he shall dismiss the said action or
complaint with the
ordinary costs of a dismissal, without prejudice however to the
plaintiff's right to sue
upon such cause of action or complaint in such other manner as he
lawfully may: Pro-
vided, that if such plaintiff shall be satisfied to recover such sum as,
according to this
Ordinance, the summary jurisdiction of the said Court is made to extend
to, iii fill of
the whole, of such his demand, then the said Chief Justice shall and may,
if such plaintiff
Fees.
Summary -
jurisdiction of
Court.
No cause of
action to be split,
bat the Court
may docile
thereon if
plaintiff be
satisfied to
receive the sum
awarded in full
of all demands.
Power to
examine
plaintiffs
and defendants
on oath and to
award costs, dcc.
prescribed in
schedule.
Court may
dismiss action or
complaint with
Consequences of
not proceeding
under summary
jurisdiction:
ORDINANCE No. 15 of 1844.
8uprenae Court.
shall satisfactorily prove his case, make and pronounce an order or
decree for such
plaintiff for such sums as shall in such case be demanded by the process,
so as such sum
does not exceed the summary jurisdiction created by this Ordinance: and
the same
shall be expressed in such order or decree to be, and shall be, in full
discharge of the
whole of such demand, and shall be a full and complete bar to any other
action or
complaint, which may be brought or made thereon in the same or any Court
whatever.
No summary 115. And be it further enacted and ordained, that nothing
herein contained
jnridetton in
eerafn oasis relating to the summary jurisdiction aforesaid shall extend
to any, debt being the
disputed balance of an unsettled account orginally exceeding one hundred
dollars, nor
to any debt, or supposed debt, for any money or thing won, or alleged to
have been
won, at or by means of any horse-race, cock-match, wager, ox any kind of
chance,
gaming, or play, or to any debt for which there has not been a contract,
acknowledg-
ment, undertaking, or promise to pay, whithin three years before the
taking out of the
summons.
11$. .And for the better discovery o£ the truth, and ore speedily
obtaining
the end of such actions or complaints, be it further enacted and
ordained, that it shall
and may be lawful for the said Chief Justice to examine the plaintiff or
plaintiffs,
defendant or defendants, viva voce on their several corporal oaths; and
that it shall be
lawful for the said Chief Justice to award costs in all actions or
complaints, heard and
determined under the aforesaid summary jurisdiction, and to allow to the
plaintiff or
defendant, and to his, her, or their witnesses such reasonable sum or
sums of money
for his, her, or their attendance and loss of time as he the said Chief
Justice shall think
fit.
11'l. And be it further enacted and ordained, that the several
proceedings, orders,
decrees, and dismissals, which shall be taken, prosecuted, made, and
pronounced in
pursuance o£ the aforesaid summary jurisdiction, shall be in the form
prescribed in the
schedule hereunto annexed, marked (No. 11.) or as near thereto as
circumstances will
admit.
118. And be it further enacted and ordained, that it shall be lawful for
the said
Chief Justice, and lie is hereby authorized and empowered, to dismiss any
such action
or complaint before him with costs, and either on the merits, or without
prejudice to
further or other proceedings, as he shall think fit. `
119. And be it further enacted and ordained, that if any action or suit
shall be
commenced in the Supreme Court of Hongkong for any debt, or damages,
other than
hereinbefore excepted, not exceeding the sum of one hundred dollars, and
recoverable
under and by virtue of the summary jurisdiction given by this Ordinance,
the plaintiff
or plaintiffs in such action or suit shall not by reason of any verdict
for him, her, or
them, or otherwise, be entitled to any costs whatsoever; and if the
verdict shall be given
fox the defendant or defendants in such action ox suit, and the Chief
Justice of the. said
Court shall think fit to certify _that such action or suit ought to have
been brought and
tried before him under the summary jurisdiction of the Court, then such
defendant or
ORDINANCE No. la or 184.
Supreme Court.
defendants shall have double costs, and shall have such remedy for
recovering the
same as any defendant or defendants may have for his, her, or their costs
in any case
by law. '
120. And be it further enacted and ordained, that no person whatever
shall be
permitted to appear and act in any such summary proceeding for or on
behalf of any
plaintiff or defendant therein, unless it shall be first proved to the
satisfaction of the
Chief Justice of the Court that such plaintiff or defendant is prevented
by some
unavoidable necessity, or some good and sufficient cause, from attending
such Court in
person.
121. And be it further enacted and ordained, that the provisions:
hereinbsfore
made with respect to the non-attendance of witnesses pursuant to their
aubpcencca, and
to persons guilty of a contempt of the Court, shall apply to and be in
force as to all
matters-and proceedings under the summary jurisdiction of the said Court.
122. And be it further enacted and ordained, that the provisions
hereinbefore
made with respect to persons guilty of wilful and corrupt perjury shall
apply to and be in
force as to all matters proceedings under the summary jurisdiction of the
said Court.
j123. And be it further, enacted and ordained, that in each and every
case within
the summary jurisdiction o£ the Court where the Chief Justice thereof
shall have made
any order or decree for the payment of money, it shall and may be lawful
for the said
Chief Justice, at the prayer of the party so prosecuting such order or
decree, to issue
a precept signed by the said Chief Justice, in the nature of a writ of
fieri facias, or
capias ad satisfaciendum, which precept shall be directed to one or more
bailiff ox bailiffs
of the said Court who is and are hereby authorized and empowered to levy
the amount
thereof of the goods chattels and effects of the defendant, or to arrest
the defendant, as
the case may be: Provided, that it shall be lawful for the said Chief
Justice and he is
hereby empowered and authorized, when thereto required by the plaintiff
in any suit or
proceeding wherein such precept or writ may be issued, to appoint one or
more special
bailiff or bailiffs, to be named by the said plaintiff, to execute such
precept or writ
upon. receiving from such plaintiff full and sufficient security against
any improper use
or abuse of such precept or writ.
124. And be it further enacted and ordained, that all such orders and
decrees
shall and may be carried into execution in any district or place
whatsoever withii~he
said Colony where the defendant, his goods, chattels, or effects may be
found or be met
with: Provided, that all executions and processes against the goods,
chattels, and
effects o£ the defendant shall be executed between sunrise and sunset, in
like manner as
is hexeinbefore provided with respect to such executions; and that any
officer or person
,executing the same at any other time shall be liable to the same fine as
is hereinbefore
also provided in such cases.
Plaintiffs and s
defendants to
attend personally
unless
unavoidably
prevented.
Witnesses not
attending, and
parsons gull ty
of oontompt, how
punished.
Perjury.
Execration.
Power to appoint
special bailtffs.
Orders and
decrees map be
executed any-
where within
the Colony.
Time of levy.
-. , 125. And be it further enacted and ordained, that for the purpose of
preventing erode of
proceeding u
any disputes as to the mode of executing the said last, mentioned writ or
precept, the the writ of -
execration. -
same shall be executed in the following manner; that is to say, that the
bailiff or bailiffs
be directed, in the .$rst instance, to levy on the goods, chattels, and
effects.of the
ORDINANCE No. 15 0F 1844.
Supreme Court.
Ptovieo as to
disputed claim
to goods, &c.
Imprisonment by
Court
processnof to
ot
exceed three
months.
defendant, and that, in the event of such bailiff or bailiffs not being
able to find any goods,
chattels, or effects of the defendant, and the defendant failing to point
out to his or their ~
notice any goads, chattels or effects whereon to levy the amount, it
shall and may be ''
lawful for the said bailiff or bailiffs to enforce the order, or decree
of the Court by the
personal arrest and imprisonment of the defendant as hereinafEe s
mentioned: Provided, . t
that if previous to the sale of the property so levied upon a disputed
claim shall be made Si
thereto, and such claim shall be deposed to on oath before a Magistrate
by the party
4
s claiming the same, or by some person on his or her behalf the bailiff or
bailiffs, on
payment to him, or them, ox either of them, of the costs of the levy by
such party, or
other person claiming on his or her behalf, shall release such property,
from the
execution, and proceed to enforce the order or decree of the Court by
levying upon
other goods, chattels, and effects of the defendant, if any can be found
or pointed out
to him or them, or by arresting the body of the defendant as hereinbefore
is directed.
126. Provided always, and be it further enacted and ordained, that every
such
defendant who shall be arrested and taken in execution under the process
of the said
Court, as last aforesaid, shall and may be imprisoned in the prison of
the said Court,
and shall be there detained for a space of time not exceeding three
calendar months,
unless before the expiration thereof, the order or decree of the said
Court shall have
been satisfied; and in case such order, or decree, shall not then be
satisfied, such
Liability of defendant shall be discharged from such prison; but it shall
be lawful for the
future effects.
complainant at any time within three years after such order, or decree,
to take out
fresh execution against any estate, or effects which such defendant may
have become
possessed of, or entitled to, until such order, or decree, shall be fully
satisfied.
Ex¢cution not to
Court may order
money to be paid
by Instalments.
12%, And be it further enacted and ordained, that no execution awarded
against
the goods of any party or parties shall extend to, or be construed to
extend to deprive
` any landlord or landlords of the power vested in such landlord or
landlords by an act
passed in the eighth pear of the reign of Her late Majesty Queen Anne,
intituled, 'An
Act for the better security of Rents and to prevent frauds committed by
Tenants' of
recovering one year's rent by virtue of, and in pursuance of the said Act.
12$. And be it further enacted and ordained, that it shall be lawful for
the said
Chief Justice, whenever it shall appear to him that the levy of the full
amount of any
such order, or decree, of the said Court at one time may be attended with
great distress
to the defendant, and that such distress may be avoided or lessened by
enlarging the
time for satisfying such order, or decree, to order and direct the amount
thereof,
together with the costs and charges, to be levied by instalments, at such
stated times,
and in such proportional amounts, as shall be expressed in such order,
and as shall be
reasonable and just: Provided, that the time for satisfying any such
order, or decree,
shall not exceed three months from the time of making such order as
aforesaid:
Provided also, that in case such defendant shall fail to pay any such
instalment agreeably
to such order, in every such case the plaintiff may proceed to take out
execution for
the amount of such order or decree, and the costs and charges thereof,
then remaining
due and unsatisfied, in like manner as if no such order as aforesaid had
been made.
ORDINANCE No. 15 or 184.
Supreme Court.
129. And be it further enacted and ordained, that all orders, and
decrees, or orders to be
other decision, so to be made or pronounced by the said Chief Justice in
any such
summary proceeding as aforesaid, shall be final and conclusive to all
intents and
A
purposes whatsoever.
130. And be it further enacted and ordained, that in case any action or
suit, Actions against
shall at any time hereafter be commenced, or brought against any officer,
or officers of
the said Court, or against any other person or persona, for any thing
done in pursuance
of, or under the authority of this Ordinance, it shall and may be lawful
for such officer
or officers, or other person or persons, in every suit or action to plead
the general Genera gene:
issue, and give this Ordinance, and the special matter in evidence: and
in case''thee
plaintiff or plaintiffs, in such action or suit, shall have a verdict
passed against him or
them, or be nonsuit, or discontinue his, her, or their action or suit,
the defendant or
defendants shall in any of the said cases be allowed double costs.
131. And be it further enacted and ordained, that no action or complaint,
or Proceedings not
to 6e set aside
other proceeding under the summary jurisdiction given by this Ordinance
shall be for want.orrorm.
treated or considered as invalid, or subject to be set aside, on account
of any verbal or
technical error; but that all errors and mistakes not having a tendency
to mislead the
opposite party shall and may, in all cases, be amended or alter®d by the
Court.
Allowance and,..-
reeovary off8ee.,:
132. And be it further enacted and ordained, that in all actions and
complaints
or other proceedings under the summary jurisdiction given by this
Ordinance, the
fees specified in the schedule hereunto annexed, marked (No. 12.) shall,
unless and
until otherwise ordered and directed, be established, and be deemed and
taken, as
the lawful fees and emoluments for the discharge of the several duties
therein
specified; and the Chief Justice of the said Court shall have full power
to compel the
payment thereof in a summary way, by order, and on nonpayment, by warrant
of
distress and sale, under his hand and sealed with the seal of the Court;
and the said Registrar to
receive and
fees shall be received and accounted for by the Registrar of the said
Court, and be aeeonnt for fees.
paid over quarterly to the Colonial Treasurer for the public uses of the
said Colony.
133. And be it further enacted and ordained, that any poor person, before
com-
mencing or defending any action or suit in the said Court, in his own
right, or
becoming poor during the progress thereof, may apply to the Court, on
motion, for
leaveto sue or defend as a pauper, which motion shall be supported by an
affidavit of the
party so applying, and of two householders living in his neighbourhood,
that ho is not
possessed of property to the amount of fifty dollars in value, exapting
household
goods, wearing apparel, tools of trade, and the matter or thing claimed
by him in the
action or suit, if he be plaintiff, and thereupon it shall be referred to
a barrister of
the said Court, to consider the said case; and upon the party so applying
producing
a certificate signed by such barrister, that he has considered the case
of the said party,
and believes him to have a good cause for action, or defence, as the ease
may be, it
shall be lawful for the said Court to grant a rule to the party applying
calling upon
the opposite party to show causes why the applicant should not be allowed
to suet or'
Right to sue or
defend in fmmd
pauperia.
Appointment of
barrister and
attorney to
appear for
pauper.
No fees to be
taken in pauper
causes.
When privilege
of suing or
defending as a
pauper to cease.
Interpretation
clause.
ORDINANCE No. 15 oh 1844.
Supreme Court.
defend, (as the case may be) in forrrac2 pcracperis, and unless
sufficient cause be shown
against the said rule the same shall be made absolute.
134. And be it further enacted and ordained, tl>rat if the party applying
to sue or
defend as a pauper, in any case not being within the summary jurisdiction
of the
Court, shall also pray that any barrister, or attorney consenting
thereto, may be
appointed to appear for him, the Court will so order; or else will
appoint a barrister
and attorney, or other persons duly authorized to act an such, to appear
for the said
party.
1135, And be it further enacted and ordained, that no fee shall be taken
by any
barrister or attorney, or officer of the Court, from any person admitted
to sue or
defend as a pauper, for anything done in the conduct of the cause; but if
he succeed
and the costs should be awarded to be paid by his opponent, then the
barrister and the
attorney of the said party, and the officers of Court, shall be entitled
to, and shall
receive, all such fees, as the Registrar of the Court shall allow to them
on taxation.
136. And be it further enacted and ordained, that any person having been
so
admitted to sue or defend as a pauper, and becoming of ability during the
progress of
the cause, or misbehaving himself therein by any vexatious or improper
conduct o0
proceeding, or wilfully delaying the cause, shall on the same being shown
to the CoQrt,
be deprived of all the privileges of such his admission.
13'x. And be it further enacted and ordained, that in the construction of
this
Ordinance wherever in describing any person or party, matter or thing,
the word
importing the singular number or the masculine gender only is used, the
same shall be
understood to include and shall be applied to several persons or parties
as well as ono
person or party, and females as well as males, and several matters or
things as well as
one matter or thing, respectively, unless there be something in the
subject or content
repugnant to such construction.
SCHEDULE (No. 1.) ~1~ec. 31.
Writ of Capias ad Responderadwni.
yes of capias ad VICTORIA, by the Grace of God of the United Kingdom of
Great Britain and Ireland Queen,
Reepmuieaulu»a.
See 1. Defender of the Faith, to the Sheriff of the Colony of Hongkong, or
his la-Arfnl Deputy,
Greeting: -
We command you that. you take C. D. of Street in Victoria, merchant, (or as
the case may be) if he be found in this Colony, and him safely keep,
until he shall have given, you bail.
. , or made deposit with you according to law, or until the said C. D:
shall by other lawful means be
discharged from your custody, so that he appear before our Chief Justice
of the Supreme Court of our
said Colony at Victoria within eight days after the execution hereof on
him, inclusive of the day of such
execution, then and there to answer A. B. wherefore he hath not ['° paid
to the said A. B. the sum of
dollars of good and lawful money current in the said Colony which he owes
to and unjustly detains from him' or 11 hath not delivered to the said A.
B. a certain boat together with
its oars furniture Scc.' or 'other movable thing which the said C. D,
unlawfully detains from the said
A. B.', or 'hath not satisfied the said A. B. his damages, which the said
A. B. hath sustained in respect
ORDINANCE No. 15 or 1844.
Supreme Court..
of &c:', (.stating and nwong m injzcrp/ committed by the defendant as
tlu case may be) as it is said :) and
in default of such appearance after having given a bail-bond, the
plaintiff may proceed against the
sheriff or on the bail-bond; and we do further command you, that on
execution hereof, you do deliver
a copy hereof to the said defendant; and we do further command yon, that
immediately after tho
execution hereof, you do return this writ to our said Supreme Court of
Hongkong, together with the
manner in which you shall have executed the same and the day of the
execution thereof.
Witness The Honorable John Walter Hulme,
Our Chief Justice of our said Colony at Victoria,
the day of
in the
G. H. No.
Street, Victoria,
Plantiff's Attorney
(or if the 1rlai>ati.g site in person)
A. B. of
Plaintiff.
SCHEDULE (No. 2.) Sec. 31.
Form of Bail-bond.
KNOW all men by these presents that we C. D. of
and 1.. M. of
sheriff of the Colony of Hongkong in the penal sum of dollars (du2ibln
the a2cnc or value of the thing mentioned in the writ) of good and lawful
money current in the said
Colony, to be paid to the said sheriff, or his certain attorney,
executors, administrators, or assigns; for
which payment to be well and faithfully made we bind ourselves, and each
of us for himself, in the
whole, our and every- of our heirs, executors, and administrators, firmly
by these presents. In witness
whereof we have hereunto set our hands and seals thin
in the 1 ear of our Lord
are held and firmly bound to
Year of oar Reign.
Bn11-Loud to tho
SherI1P. Sec, 31.
day of
The condition of this obligation is such that if the above bounrlen C. D.
do appear in person, or by his conaltlan,
attorney, before the Chief Justice of the Supreme Court of our Lady the
Queen of the Colony of
Hongkong on the day of to answer A. B. wherefore
(follunri.ng the statement in the 7zrit of Ccrqriaa ad Xespondcndunz)
and also shall stand to, abide, and
perform the judgment of the said Court thereon, or render himself to the
prison of the said Court in
execution thereof, and shall not remove or withdraw any of his property
from and out of the jurisdiction
of the said Court, then this obligation to be void, otherwise to remain
in full force.
Signed sealed and delivered
in the presence of
M. N.
U. P.
C. D.
L. bi.
SCHEDULE (No. 3.) See. 3n.
1''orm of Writ of Slnlanows in Ordinary cases.
VICTORIA, by the Grace of God of the United Kingdom of Great Britain and
Ireland Queen,
Defender of the Faith, to the Sheriff of the Colony of Iiongkong, or his
lawful Deputy,
Greeting:-
Command <.'. D. of
that justly and without delay he render to A. B. the sum of
Ylritro£'Suitiio'or
SM.'
Street, Victoria, merchant (or as the case many be)
dollars
ORDINANCE No. 15 ox 1844.
~I~upreme Court.
of good and lawful money current in the said Colony which he owes to and
unjustly detains from him,
(or 'perform ' that wlaicla the plaintiff claims or demands to be
performed, or 'satisfy the damages'
which the plaintiff aeelrs, as the case may be, stating shortly and
distinctly the nature and caxsc
of the action or complaint) as it is said ; and unless he shall do so,
then summon the said C. D., by
delivering a copy hereof, that he appear before our Chief Justice of the
Supreme Court of our said
Colony at Victoria within eight days after the service hereof, inclusive
of the day of such service, at
ten o'clock in the forenoon to show wherefore he bath not clone it; and
immediately after the service
hereof, return you there this writ of summons, with whatever you have
done thereupon; and we
hereby require the defendant to take notice that in default of his so
appearing the plaintiff may cause
an appearance to be entered for him the said defendant,and proceed
thereon to judgment and execution.
Witness The Honorable John Walter Hulme,
Our Chief Justice of our said Colony at Victoria,
G. H.
Street, Victoria,
Plaintiffs Attorney
(or if the plaintiff site ire person)
A. B. of
Street, Victoria,
Plaintiff.
the clay of
in the Year of our Reign.
F»r»t of Writ of Su»tmona in .Actions nn Bills rend Notes and other 11'n
ettcn Inetrr<»tertt.s. Sec. 30.
VICTORIA, by the Grace of God of the United Kingdom of Great Britain and
Ireland Queen.
Defender of the Faith, to the Sheriff of the Colony of Hongkong, or his
lawful Deputy,
Greeting
Command C. D, of Street, Victoria, merchant, that justly and
without delay he render to A. B. the sum of dollars, of good and lawful
money cement- in
the said Colony, which he owes to the said A. B. upon and by virtue of a
certain promissory note (m
other inatrw»tent, describing it) bearing date the day of
in the Year of our Lord signed by the said C. D., or signed by
and endorsed by the said C. D. (as tb,c case may be) together with the
interest thereon from the
day of as it is said; and unless he shall do so then summon
the said C. D., by delivering a copy hereof, that lie appear before our
Chief Justice of the Supreme
Court of our said Colony at Victoria, within eight days after the service
hereof, inclusive of the day of
such service, at ten o'clock in the forenoon to show wherefore he bath
not done it, and also to
acknowledge or deny his hand writing or 'signature ' affixed to the said
promissoiy note (or other
instrument, as the case may be) and serve on the said C. D. a copy of the
said promissory note (or other
document, yc.) whereon the said action or claim is founded ; and,
immediately after the service hereof
return you there this writ of summons with whatsoever you have done
thereupon; and we hereby
require the defendant to take notice that in default of his so appearing
the plaintiff may cause an
appearance to be entered for him the said defendant, and proceed thereon
to judgment and execution.
Witness The Honorable John Walter Hulme,
Our Chief Justice of our said Colony at Victoria,
the day of
in the Year of our Reign.
G. H. No.
Street, Victoria,
Plaintiff's Attorney
(or if the plainati/j sue in pcrsarv)
A. J3. of
Plaintiff.
ORDINANCE No. 15 of 1844.
Suprenae Court.
SCHEDULE (No. 4.) Sec. 38.
Assagnin.ent of Bail-bond.
I the within named sheriff at the requcat of A. B. the plaintiff within
named hereby assign to him, Antgnnv!nt of
Iron-bind. 9,e. 38.
the said A. B. the within bail-bond, and all the benefit, and advantage
arising therefrom.
In witness whereof I have hereunto set my hand
this day of
in the Year of our Lord
SCHEDULE (N0. 5.) See. 06, 101.
Subpa;na.
Sheriff.
VICTORIA, by the Grace of God of the United Kingdom of Great Britain and
Ireland Queen, Subpnwm s<e.sa,
loi.
Defender of the Faith, to G. H., I. R., L. M., and N. 0., Greeting :-
We command yon, that laying aside all and singular business and excuses,
you, hand every of you,
be and appear in your proper person before our Chief Justice of the
Supreme Court of our Colony of
Hongkong, at Victoria, on the day of at ten
of the clock in the forenoon of the same day, ,to testify all and
singular tbose things which you or
either of you know, in a certain cause now depending in our said Supreme
Court at Victoria, between
A. B. plaintiff, and C. 1). defendant; wherein the said A. B. complains,
&c., (or claims, &c., statilag
shortly t&e nature of the action,) do the part of the plaintiff, (ai
defendant;) and this you or any of
you shall by no means omit, under the penalty, upon each of you of one
hundred dollars.
Witness The Honorable John Walter Hulme,
Our Chief Justice of our said Colony at Victoria,
the day of
in the Year of our Reign.
G. H. No.
Street, Victoria.
Plaintiff's Attorney,
(ar if the plaintif sue in person)
A. 11. of
Plaintiff.
SCHEDULE (No. 6.) See. 67.
Subpana Duees noum.
VICTORIA, by the Grace of God of the United Kingdom of Great Britain and
Ireland Queen, ,s.bymodwes
Defender of the Faith, to G. H., I. K., L. M., and N. O., Greeting
:- ltcum. Soc. 5i.
We command yon, that laying aside all and singular business and excuses,
you, and every of you,
be and appear in your proper persons before our Chief Justice of our
Supreme Court of our Colony of
Hongkong, at Victoria, on the day of at ten of the
clock in the forenoon of the same day; and also that you bring with you
and produce at the time and
place aforesaid, a certain deed, or instrument in writing, bearing the
date, &c., (describing the daewnent
to be praduoed) then and there to testify and show all and singular those
things which you or any or
either of you know concerning a certain cause now depending in our said
Supreme Court at Victoria,
between A, B. plaintiff and C. D. defendant, wherein the said A. B,
complains, &c., (or claims, &c..
the said Court.
ORDINANCE No. 1~5 of 1844.
Supreme Court.
stating shortly the nature of the action) on the part of the plaintiff
(or defendant) and this you, or any
of you shall by no means omit, under the penalty, upon each of you of one
hundred dollars.
Witness The Honorable John Walter Hulme,
Our Chief Justice of our said Colony at Victoria,
the day of
in the Year of our Reign.
G. H, No.
Street, Victoria,
Plaintiff's Attorney
(or if the plaintiff' sue in person)
A. B. of
Plaintiff.
SCHEDULE (No. 7.) &e. 80.
Sumrmons to Twror.
112r. A. B.
sun<mone to furor. You are hereby summoned to appear as a (eitTcer common
or special, as the case may be,) juror at
so, so.
the Supreme Court to he holden at Wellington Terrace in this Colony, on
the day of
next and there to attend from day to day until you shall be discharged
from
(Signed) W. C., Sheriff.
N. B.-The penalty for disobedience hereto is any sum not exceeding one
hundred dollars in the case
of a common juror or two hundred dollars in the case of a special juror. ,
SCHEDULE (No. 8.) bee. 93.
Process for aSwmmon2ng defendant on Indictment or Information.
VICTORIA, by the Grace of God of the United Kingdom of Great Britain and
Ireland Queen,
Defender of the Faith, to the Sheriff of the Colony of Hongkong, or his
lawful Deputy, ~Greet-
ing :-
We command you that you summon (tlas defendant, or defendants follo7ving
the description in
the indiatntent or information,) that he (she, or they) appear before our
Supreme Court of the said
Colony, at the session of the said Court, to be holden in and for the
said Colony, at Victoria, on the
day of next, and following days, there to answer to a certain
indictment or information preferred or, to be preferred, filed, or to be
filed, against him, (her, or them)
by our Attorney General in our behalf (m mleen tTce prosecution is at
the instance of a privato party or
private parties describing,tTteprnancutor or prosecutors as in the
indictment or information) and net
to depart until he (she, or they) be discharged in due course of law; and
serve upon the said
defendant (or upon each of the said defendants) a copy of the said
indictment or information, and
the notice of trial indorsed on the same, or annexed thereto, and return
on that day to the Registrar
of the Court this writ, with whatsoever you have done thereupon.
Witness The Honorable John Walter Hulme,
Chief Justice of our said Colony at Victoria,
the day of
in the Year of our Lord 1844.
SCHEDULE (ho. 9.) Sec. 94.
Notice of trial of Iradictanent or Information.
1Votice of trial, &c: C. D.
9°°'u' Take notice that you will be tried on this indictment (or
information or on the indictment or
information whereof this is a true copy) at the Criminal Sessions of the
Supreme Court, to be liolden
at Victoria, in and for the Colony of Hongkong, on the day of
ORDINANCE No. 15 of 1$44.
,Supreme Court.
SUFiEDULF (No. 10.) Sec. 112.
FEES.
For filing and entering plaint, or statement of cause of action ,
For filing and entering declaration where the amount claimed shall not
exceed 100 dollars
And for every 100 dollars after the first 100 dollars , .......
And in all ejectments, and in all actions and proceedings where the thing
sought to be
recovered shall consist of lands or horses or both, the charge on filing
and entering
declaration shall be 1 per cent upon the valuation at which the same is
assessed by
Government
And in all actions or proceedings brought for the recovery of a specific
personal chattel,
or for damages done thereto, or for conversion of the same, the charge
for filing and
entering declaration shall be 1 per cent on the value of the chattel, and
1 per cent on
the damage laid in the declaration
Writ of Summons, each defendant , ,
Registrar's Certificate of declaration being filed
For filing every affidavit of debt where the sum sworn to is under or
amounts to 100 dollars
filing every affidavit of debt where the sum sworn to exceed 100 dollars
for every 100
For Judge's order for a capias . ,
For capias in pursuance in every case
.............................................
For filing and entering every appearance
For annexing every plea, answer, defence, or demurrer to declaration,
each defendant .........
For snbpcena
For entering every cause
For calling same .
For administering every oath in Court or Chambers ,
For reading every exhibit, document, or paper produced in evidence,
unless the Court or Judge
shall at the time direct a larger sum to be paid ,.
For every judgment or decree pronounced by the Court or Judge, where the
amount recover-
ed does not exceed 100 dollars ........... , .............. , :
And for every 100 dollars above the first 100 dollars
For entering every Judgment or Decree
........................................................................
For taxing costs where the bill does not exceed 100 dollars
..............................................
And for every 100 dollars above the first 100 dollars
................................................
For all Writs of Execution . , ..... , , ,.,
For every copy of declaration, bill, petition, plea, answer, demurrer, or
any other document,
paper, or proceeding in Court, not otherwise charged, in all matters, per
folio ...............
For ,Registrar, or Clerk, examining or attesting, and certifying same in
all matters ...............
For every Habeas Corpus, Mandamus, Certiorari, or any other writ or
process whatsoever,
not otherwise charged
..................................... .............................
For every attachment for contempt in the presence of the Court or
otherwise, or disobedience
of Order or Rule of Court
..........................................................................
............
For all interrogatories and answers filed thereto in pursuance thereof,
per folio ...................
For every Commission to examine or swear witnesses, each witness , ,
For every search in the Registrar's Office . , ,
For every Rule or Order of Court ,
..........................................................................
....
For every receipt granted by the Registrar when demanded ,
For every attendance by the Registrar, or other person appointed by the
Court, within the
limits of Victoria, to administer oaths, or transact other business,
exclusive of expenses
Beyond the limits of Victoria . ,
CGriES.
1.00
2.00
1.00
1.00
1.00
1.00
1.00
1.00
2.00
1.00
1.00
1.00
.60
.60
. .60
1.00
1.00
1,00
1.00
1.00
1.00
.50
1.00
1.00
1.60
1.50
.60
1.00
2.00
Appealable Matters.
For filing and entering every petition for leave to appeal , _ . 60.00
For every Certificate of Appeal allowed 6.OQ
Fees, sea 119 ,
ORDINANCE No. 15 of 1844.
Supreme Court.
.Ecclesiastical Matters.
For filing and entering petition for Probate or Letters of Administration
...........................
Swearing petitioner to the truth of petition . ,
For every caveat filed
..........................................................................
......................
For granting Probate or Letters of Administration
....................................
For filing and entering Bond by Administrator -
For every certificate by the Registrar, or other officer, of accounts and
inventories being filed,
where the sum realized shall exceed 100 dollars ,
And for every 100 dollars above the first 100 dollars , _ ...
Swearing party to truth of account or inventory , , ...
For every exemplification of Will per folio ,
For affixing the Seal of the Court to any Process, during Court hours.,
$ cents.
1.00
1.00
1.00
5.00
2.00
2.00
1.00
1.00
1.00
CROWN FEES to be taken and received by the 11eqistraqwvhen the (',curt
sits as
a Court Of DYER and TEEMINEII and GAOL RELIVE&Y.
For preparing any Bench Warrant, and every other process issuing out of
the Court of Oyer
anti Terminer , , ,
For every Venire, taking every recognizance, or discharging, or respiting
the same, recording
the appearance, plea, ox acquittal of every defendant, for every Bail,
and justification
of Bail, and for every order of the Court, and copy thereof, in case of
felony ................
For the same except in felony .
For copies of indictments, or other papers when ordered or required, per
folio ...................
For every Subpeana .60
For every Search in Office . -
1.00
For calling and swearing the jury on trial . 1.00
For entering and recording verdict . , 1.00
For reading every notice or other document exhibited in Court
as'evi<lence ,50
For every oath administered in Court , , .50
For every prisoner discharged.by Proclamation, or acquitted of felony
, 2.00
For the same except in'felony - - , 1.00
For every prisoner convicted of felony , 2.00
1.00
For the same except in felony ...
Sheriff's Feet.
For service of every Writ of Summons, Summons, .Subpoena, Citation, or
Order , ,
For serving every Writ of Cayias and other bailable Process .
For discharging every. defendant at the deaire.of the plaintiff , ,
For releasing property seized under Writ of Sequestration, or Furl
Facitza by the desire of
For drawing and taking each Bail-bond, every defendant ., , ,
When any Summons, Writ or Process of any kind shall be executed, or act
done,
for which a fee is authorized to be taken as above, the deputy duly
appointed who
shall execute suds process, or do such act, shall be entitled to one half
the fee or fees
which the sheriff may claim under this table.
Poundage.
Five per cent to be charged oh the first five hundred dollars, and two
and a half per cent
upon every one hundred dollars above five hundred dollars.
2.00
1.00
5.00
.50
5.00
1.00
ORDINANCE No. 15 of 1844.
Supreme Court.
SCHEDULE (ho. 11.) &c. 117.
hornt. rrlating to thr Svrnnno.ry Jurisdiction rf the Court.
ENTRY OF PLAINT.
Colony of Hongkong i A. B. of
to wit
in the Colony of Hongkong hereby requires entry to be made in the Supreme
Court of the said Colony
acting under its Summary Jurisdiction, of his plaint against C. D. of
in the said Colony, for a sum of
being for (here state generally the cause t!faction) in the particular
hereunto annexed fully set forth.
And the said A. B. hereby declares that the said particular contains a
correct, full, and true statement
of his demand against the said C. D. and that the said C, D. is justly
and truly indebted to him the said
A. B. in the said sum of
the said C. 1>. may be summoned to attend on the
Supreme Court so acting as aforesaid to answer such his demand.
Dated this da.y of A. D. 184
and thereupon the said A. B, prayeth'that
day of at the said
Witness
Registrar
A. B,. Plaintiff.
Forms ralatL~g to
Swum.' Juriadlo-
lion. See. 117.
Entry of Plaint,
$n.rnnaons.
To
Hongkongl you are hereby summoned and required to attend the Supreme
Court of Hongkong to be summons.
to wit
holden at the Court House in Wellington Terrace at ten o'clock in the
forenoon of day of
next, then and there to answer the demand of entered against you in the
said
Court for the sum of being for ( here state cause of action arid
complaint). And herein
fail not, or judgment will be passed, and execution issued, against you
for the said sum and costs.
And you will take notice, that if you have any debt,or demand to set off
against the said plaintiff's
claim you are hereby required to file or deliver the same at the
Registrar's office at
on or before the day of or you will be precluded,
from giving evidence thereof on the trial or hearing. And you will
further take notice that a plaint
containing the particulars of the plaintiff's demand against you has been
filed in the Registrar's office at
and that you are at liberty to obtain a copy of the same, if you shall
think proper.
Witness The Honorable John Walter Hulme,
Our Chief Justice of our said Colony at Victoria,
the day of
in the fear of our Reign.'
-Endorsed on, the back of Srurnmons. 21,
The within summons was served on the within named defendant by delivering
a true copy thereof
on the day of 184 . -
(0fecerrd tree surrzntona')
ORDINA\CE No. 15 O1, 1844.
Supreme Court.
sVotzce of Trial or Hecwistg to be Irirtdm.sed en, Crrlrp/ of Stcnamans.
SUP P, EME COURT OF HONGKONG.
Between A. B. Plaintiff.
and Of.' 15: Defendant.'
Notice oftrlal. Hongkong The Chief Justice having appointed the day of
to wit
the above case I have received his instructions to require your
attendance on that day at ten o'clock in
the forenoon and to bring with you any witnesses you may deem necessary
to support your claim or
demand.
next to hear
By Order of the Chief Justice,
In the above case.
To
Registrar.
,Sttbpcena.
Hongkong t You, and each of you, are hereby commanded that, all excuses
being laid aside, you, and
to wrt
each of you, be and appear in your own proper person before the Supreme
Court of Hongkong, to be
holden at the Court House in Wellington Terrace, on the day of
at ten o'clock in the forenoon, to testify all and singular what you, or
either of you, know in a certain
cause, or matter of complaint, now pending and undetermined between
plaintiff, and
fail not at your peril.
Decree to favor of
Plnincire.
defendant, then and there to be heard and tried. And herein
Witness The Honorable John Walter Hulme,
Our Chief Justice of oar said Colony at Victoria,
the day of
in the Year of our Reign.
Ordr^r, or IJcosrr,, infaronr of plaintiff.
A.13. Plaintiff.
C. D. Defendant.
Hongkong ~ 1 t appearing to the Court that the plaintiff bath proved his
demand (wholly or in part) it
to wit
is ordered and decreed, that the said plaintiff do recover from the said
defendant the sum of
together with
hereby ordered to pay to the said A. Ti. the plaintiff the said sum of
costs: and the said C. D, the defendant is
in full satisfaction
of the said debt and costs (forthwith, on demand thereof, or by the
following instalments; namely:-
as the case. tnay be.)
Dated the
in the fear of our Lord, 181 .
Entered
day of
Chief ,Tetsticc.
Entered
ORDINANCE X10. 15 0F 1844.
Supreme Court.
Form of Dismissal. Sec.*. 118.
A. B, Plaintiff.
C. D. Defendant.
l iongkong
to wit It appearing to this Court that the plaintiff entered his plaint
and caused the above de-
fendant to be summoned to attend this Court for (here state the valise of
action or co2npldirat; ) and the
said plaintiff having failed to prove his said plaint, it is hereby
ordered and decreed by the said Court,
that the plaint of the said A. B. be, and the same is hereby dismissed:
And that the said defendant
do recover against the said plaintiff the sum of for costs: And the said
A. B, the
plaintiff is hereby ordered and directed forthwith, on demand, to pay the
said C. D. the defendant the
said sum of so awarded for his costs herein as aforesaid and on failure
thereof, let execution issue to take in execution the goods, chattels,
and effects of the said A. B. o; his
body, to satisfy the said costs.
Dated the
in the fear of our Lord, 18
Defendant's costs: £
Rrgiatrar.
day of
Chief Justice.
Warrant, or Order, on Dooree of Dismissal, far non-payment of Costs. See.
118.
I authorize and empower
tams to execute the above decree.
Dated the
To Mr. bailiff, and his assistants.
Hongkong ~ You are hereby commanded to levy of the goods, chattels, and
effects of
to wit
of
which
day of
Preceyt to Bailiff f. Sec. 123.
SUPREME COURT OF HONGKONG.
Between (A B. Plaintiff.
) L. D. Defendant.
the bailiff of this Court and hin assls- Warrant on
Diemlenal. Bud. 118.
in the Year of our .Lord, 18
Clcief Justice.
in the Colony of Hongkong the sum of
of
lately recovered against for damages and costs ;
and if you shall not find any goods, chattels, or effects be~onging to
the said defendant whereof to levy,
then you are hereby commanded to take and arrest the body of the said
defendant and him safely to
lodge in the custody of one of Her Majesty's gaols within ten days from
the date hereof to satisfy the
Preca,.t to bnililC.
Be.. 123.
acid
you there this writ.
Entered
Registrar.
Judgment....................................
Costs ..........................................
Subpoena :
ORDINANCE No. 15 ox 1844.
Supreme Court.
plaintiff his damages and costs, as aforesaid; and have
Witness The Honorable John Walter Hulme,
Our Chi^f Justice of our said Colony at Victoria,
the day of
in the Year of our Reign.
Alias, or Plu.ries.
You are hereby commanded as before you were commanded (or-, as
'oftentimes' before you were
commanded and thrn fnllorv the nLove fprm.)
Order to disch2rga,dafandant out of Orstody.
day of
A. B. Plaintiff.
C. D. Defendant.
Order to 41140h UP Supreme Court of Hongkong j You axe hereby authorized
to discharge out of your custody the above
aefen<Inut out or t0 wit
custody.
named defendant, as far as regards the execution in the above case.
By Order of the Court,
To the sheriff of Hongkong, or any
deputy sheriff thereof
SCHEDULE (N0. 12.) Sec. 132.
Table of Fees.
For entering every plaint, action, &c,, and particulars of-demand ,
Entering every appearance and defence
.............................................
Summons for defendant, and copy ,
Entering notice of hearing . ,
Copy and service on plaintiff, and defendant, each , , .
Any notice required during the course of proceedings ,
Fee on hearing and adjudication, where the sum to be recovered shall not
exceed $50 . .........
Exceeding $50 and not exceeding $100
Each Subpanrc of witness, and copy ,
Drawing and signing order for costs, decree, or dismissal, each
Every oath of party, or witness examined
Chief Justice's warrant to bailiff for executing decree 1
Executing any decree or order, where the sum shall not exceed $50 ,
Exceeding $50 and not exceeding $100 ................ ..
Copies of any other proceedings per folio ......
r'nda. &,c. 133.
Registrar,
.50
.20
.40
.25
.50
.75
.40
.60
.25
:25
.50
.25
.12
Disallowed in C. 0. D., No. 96, 24th March, 1845 Repealed by Ordinance
No. 6 of 1845. ,
Title.
Formor Court at Hongkong abolished.
A Supreme Court of record to be instituted therein.
How far the law of English to prevail.
Constitution of Court.
Seal of the Court.
Judges to hold no other offices of profit.
Offices of the Court.
Appointment and removal of inferior officers.
Superior officers how to hold office.
Admission of barristers and attornies.
Fit persons to be admitted to practise for three months in case of necessity.
Sheriff of Hongkong to execute writs and process.
Process against sheriff.
Jurisdiction of Court: legal.
Equitable.
Ecclesiastical.
Court to reserve power of revocation.
Court to grant letters of administration to next of kin or to the Registrar.
Administrator to enter into bond.
Condition of bond.
How bond to be put in suit.
Court to fix periods at which accounts shall be passed.
Allowances to be made to executors or administrators.
Payment of money into Treasury.
Admiralty.
Court to exercise jurisdiction over Her Majesty's subjects in China.
Power to regulate sittings of the Court, and to make rules and orders.
Sittings of the Court.
How many terms, and when to be held.
Sitting at nisi prius, &c.
Criminal sessions.
Sitting at chambers.
Office hours and holidays.
Commencement of actons.
Warrant to sue.
Arrrest allowed in case of debtors being about to leave the Colony.
Bail bond.
Power of Court to order a defendant's discharge.
Malicious arrest.
Suing out process.
Writ of summons to appear in ordinary cases.
Service of process.
No service of civil process on a Sunday, except in case of arrest.
Return of process to the Registrar's office.
Appearance of defendant to be entered in the Registrar's office;
except where the defendant intends to admit the claim against him.
Service of notices &c., after the defendant has appeared by attorney.
Time of fitting declaration or claim.
Requisites of declaration.
Time of pleading.
Requisites of plea.
Declaration to be filed in Registrar's office if defendant do not appear.
Within what time plaintiff to reply.
Rejoinder :--in what cases and within what time.
Judgment against the plaintiff for not proceeding in the cause.
Consequences of default and how remedied.
Time to declare, or plead, &c., how obtained.
Pleadings to be signed by counsel, time of filing pleadings.
Schedule of documentary evidence to annexed to pleadings.
Setting aside proceedings for irregularity.
Setting down cases for argument.
Setting down causes for trial.
Notice of trial.
Countermanding notice of trail.
Witnesses. Subpoena.
Subpoena duces tecum.
Examination of witnesses de bene esse.
Allowance of expenses and compensation to witnesses.
Punishment of witnesses for non-attendance, and of persons guilty of a contempt of Court.
Perjury.
Court may order money to be paid by instalments.
Execution of judgments, &c.
Judgments, &c. may be executed any where within the Colony.
Levy on defendant's goods to be made between sunrise and sunset.
Motions.
Memorials, &c. to be brought before the Court by motion.
Wit of error.
Appeal.
Copies of proceedings to be forwarded to England.
Court to execute judgment in appeal.
Trial by jury.
Number of jurors.
Who qualified and liable to serve as common jurors.
Special jury.
Qualification fo special jurors.
Sheriff to make out jury lists and transmit same to Registrar.
Penalty on sheriff for neglect of duty.
Jury lists to be in use for one year.
Order of summoning juries.
Summons.
Panel.
Penalty for non-attendance.
Jury to be balloted for.
No challenge except for cause.
Talesmen.
As to jury for new cases.
How jury when sworn or charged with any prisoner, to be kept.
How jury to be kept when necessary to adjourn the Court.
In case of death or disability of juror, jury may be discharged.
In case jury cannot agree upon verdict.
Verdict.
Inditement or information.
Process for summoning defendant on indictment, or information.
Notice of trial on indictment or information.
Prosecutor to deliver to sheriff process, copy of indictment or information and notice of trail.
Time and mode of summoning defendant on indictment or information.
Return fo service of copy of indictment, &c.
Proceedings on non-appearance of defendant thereon.
Proceedings on non-appearance of prosecutor after notice of trail.
Process for procuring attendance of witnesses on criminal cases.
How many witnesses in one subpaena.
Private prosecutor to pay sheriff's costs together with expenses.
Service of subpaena.
Pleading to indictment or information. Reufusal to plead.
Noting Plea.
Effect of plea of 'not guilty,'or of special plea.
Amendment of indictment or information.
When the jury shall be charged with prisoner.
Judgment not to be reversed, except upon objections arising upon record.
Judgment not to be reversed for want of averments of immaterial matter, &c.
Fees.
Summary jurisdiction of Court.
No cause of action to be split, but the Court may decide thereon if plaintiff be satisfied to receive the sum awarded in full of all demands.
No summary jurisdiction in certain cases.
Power to examine plaintiffs and defendants on oath and to award costs, &c.
Proceedings, orders &c. to be in form prescribed in schedule.
Court amy dismiss action or complaint with costs, &c.
Consequences of not proceeding under summary jurisdiction.
Plaintiffs and defendants to attend personally unless unavoidably prevented.
Witnesses not attending, and persons guilty of contempt, how punished.
Perjury.
Execution.
Power to appoint special bailiffs.
Orders and decrees may be executed anywhere within the Colony.
Time of levy.
Mode of proceeding in the writ of execution.
Proviso as to disputed claim to goods, &c.
Imprisonment by process of Court not to exceed three months.
Liability of future effects.
Execution not to prejudice landlords.
8 Anne C. 14.
Court may order money to be paid by instalments.
Oders to be final.
Actions against officers, &c.
Gerneral issue.
Proceedings not to be set aside for want of form.
Allowance and recovery of fees.
Registrar to receive and account for fees.
Right to sue or dedend in forma pauperis.
Appointment of barrister and attorney to appear for pauper.
No fees to be taken in pauper causes.
When privilege of suing or defending as a pauper to cease.
Interprertation clause.
Writ of Capias ad Respondendum. See 31.
Ball-baod to the Sheriff. Sec. 31.
Condition.
Writ of Summons. Sec. 35.
Writ of Summons o Bills &c. Sec 35.
Assignment of Bail-bond. Sec. 38.
Subpaena. Sec. 56, 101.
Subpaena duces tecum. Sec. 57.
Summons to juror. Sec.80.
Process for summoning defendant on indictment &c. Sec. 93.
Notice of trial, &c. Sec. 94.
Fees. Sec. 112.
Forms relating to Summary Jurisdiction. Sec. 117.
Entry of Plaint.
Summons.
Notice of trial.
Subpaena.
Decree in favor of plaintiff.
Dismissal. Sec. 118.
Warrant on dismissal. Sec 118.
Precept to bailiff. Sec.123.
Alias &c.
Order to discharge defendant out of custody.
Fees. Sec.132.
Abstract
Title.
Formor Court at Hongkong abolished.
A Supreme Court of record to be instituted therein.
How far the law of English to prevail.
Constitution of Court.
Seal of the Court.
Judges to hold no other offices of profit.
Offices of the Court.
Appointment and removal of inferior officers.
Superior officers how to hold office.
Admission of barristers and attornies.
Fit persons to be admitted to practise for three months in case of necessity.
Sheriff of Hongkong to execute writs and process.
Process against sheriff.
Jurisdiction of Court: legal.
Equitable.
Ecclesiastical.
Court to reserve power of revocation.
Court to grant letters of administration to next of kin or to the Registrar.
Administrator to enter into bond.
Condition of bond.
How bond to be put in suit.
Court to fix periods at which accounts shall be passed.
Allowances to be made to executors or administrators.
Payment of money into Treasury.
Admiralty.
Court to exercise jurisdiction over Her Majesty's subjects in China.
Power to regulate sittings of the Court, and to make rules and orders.
Sittings of the Court.
How many terms, and when to be held.
Sitting at nisi prius, &c.
Criminal sessions.
Sitting at chambers.
Office hours and holidays.
Commencement of actons.
Warrant to sue.
Arrrest allowed in case of debtors being about to leave the Colony.
Bail bond.
Power of Court to order a defendant's discharge.
Malicious arrest.
Suing out process.
Writ of summons to appear in ordinary cases.
Service of process.
No service of civil process on a Sunday, except in case of arrest.
Return of process to the Registrar's office.
Appearance of defendant to be entered in the Registrar's office;
except where the defendant intends to admit the claim against him.
Service of notices &c., after the defendant has appeared by attorney.
Time of fitting declaration or claim.
Requisites of declaration.
Time of pleading.
Requisites of plea.
Declaration to be filed in Registrar's office if defendant do not appear.
Within what time plaintiff to reply.
Rejoinder :--in what cases and within what time.
Judgment against the plaintiff for not proceeding in the cause.
Consequences of default and how remedied.
Time to declare, or plead, &c., how obtained.
Pleadings to be signed by counsel, time of filing pleadings.
Schedule of documentary evidence to annexed to pleadings.
Setting aside proceedings for irregularity.
Setting down cases for argument.
Setting down causes for trial.
Notice of trial.
Countermanding notice of trail.
Witnesses. Subpoena.
Subpoena duces tecum.
Examination of witnesses de bene esse.
Allowance of expenses and compensation to witnesses.
Punishment of witnesses for non-attendance, and of persons guilty of a contempt of Court.
Perjury.
Court may order money to be paid by instalments.
Execution of judgments, &c.
Judgments, &c. may be executed any where within the Colony.
Levy on defendant's goods to be made between sunrise and sunset.
Motions.
Memorials, &c. to be brought before the Court by motion.
Wit of error.
Appeal.
Copies of proceedings to be forwarded to England.
Court to execute judgment in appeal.
Trial by jury.
Number of jurors.
Who qualified and liable to serve as common jurors.
Special jury.
Qualification fo special jurors.
Sheriff to make out jury lists and transmit same to Registrar.
Penalty on sheriff for neglect of duty.
Jury lists to be in use for one year.
Order of summoning juries.
Summons.
Panel.
Penalty for non-attendance.
Jury to be balloted for.
No challenge except for cause.
Talesmen.
As to jury for new cases.
How jury when sworn or charged with any prisoner, to be kept.
How jury to be kept when necessary to adjourn the Court.
In case of death or disability of juror, jury may be discharged.
In case jury cannot agree upon verdict.
Verdict.
Inditement or information.
Process for summoning defendant on indictment, or information.
Notice of trial on indictment or information.
Prosecutor to deliver to sheriff process, copy of indictment or information and notice of trail.
Time and mode of summoning defendant on indictment or information.
Return fo service of copy of indictment, &c.
Proceedings on non-appearance of defendant thereon.
Proceedings on non-appearance of prosecutor after notice of trail.
Process for procuring attendance of witnesses on criminal cases.
How many witnesses in one subpaena.
Private prosecutor to pay sheriff's costs together with expenses.
Service of subpaena.
Pleading to indictment or information. Reufusal to plead.
Noting Plea.
Effect of plea of 'not guilty,'or of special plea.
Amendment of indictment or information.
When the jury shall be charged with prisoner.
Judgment not to be reversed, except upon objections arising upon record.
Judgment not to be reversed for want of averments of immaterial matter, &c.
Fees.
Summary jurisdiction of Court.
No cause of action to be split, but the Court may decide thereon if plaintiff be satisfied to receive the sum awarded in full of all demands.
No summary jurisdiction in certain cases.
Power to examine plaintiffs and defendants on oath and to award costs, &c.
Proceedings, orders &c. to be in form prescribed in schedule.
Court amy dismiss action or complaint with costs, &c.
Consequences of not proceeding under summary jurisdiction.
Plaintiffs and defendants to attend personally unless unavoidably prevented.
Witnesses not attending, and persons guilty of contempt, how punished.
Perjury.
Execution.
Power to appoint special bailiffs.
Orders and decrees may be executed anywhere within the Colony.
Time of levy.
Mode of proceeding in the writ of execution.
Proviso as to disputed claim to goods, &c.
Imprisonment by process of Court not to exceed three months.
Liability of future effects.
Execution not to prejudice landlords.
8 Anne C. 14.
Court may order money to be paid by instalments.
Oders to be final.
Actions against officers, &c.
Gerneral issue.
Proceedings not to be set aside for want of form.
Allowance and recovery of fees.
Registrar to receive and account for fees.
Right to sue or dedend in forma pauperis.
Appointment of barrister and attorney to appear for pauper.
No fees to be taken in pauper causes.
When privilege of suing or defending as a pauper to cease.
Interprertation clause.
Writ of Capias ad Respondendum. See 31.
Ball-baod to the Sheriff. Sec. 31.
Condition.
Writ of Summons. Sec. 35.
Writ of Summons o Bills &c. Sec 35.
Assignment of Bail-bond. Sec. 38.
Subpaena. Sec. 56, 101.
Subpaena duces tecum. Sec. 57.
Summons to juror. Sec.80.
Process for summoning defendant on indictment &c. Sec. 93.
Notice of trial, &c. Sec. 94.
Fees. Sec. 112.
Forms relating to Summary Jurisdiction. Sec. 117.
Entry of Plaint.
Summons.
Notice of trial.
Subpaena.
Decree in favor of plaintiff.
Dismissal. Sec. 118.
Warrant on dismissal. Sec 118.
Precept to bailiff. Sec.123.
Alias &c.
Order to discharge defendant out of custody.
Fees. Sec.132.
Formor Court at Hongkong abolished.
A Supreme Court of record to be instituted therein.
How far the law of English to prevail.
Constitution of Court.
Seal of the Court.
Judges to hold no other offices of profit.
Offices of the Court.
Appointment and removal of inferior officers.
Superior officers how to hold office.
Admission of barristers and attornies.
Fit persons to be admitted to practise for three months in case of necessity.
Sheriff of Hongkong to execute writs and process.
Process against sheriff.
Jurisdiction of Court: legal.
Equitable.
Ecclesiastical.
Court to reserve power of revocation.
Court to grant letters of administration to next of kin or to the Registrar.
Administrator to enter into bond.
Condition of bond.
How bond to be put in suit.
Court to fix periods at which accounts shall be passed.
Allowances to be made to executors or administrators.
Payment of money into Treasury.
Admiralty.
Court to exercise jurisdiction over Her Majesty's subjects in China.
Power to regulate sittings of the Court, and to make rules and orders.
Sittings of the Court.
How many terms, and when to be held.
Sitting at nisi prius, &c.
Criminal sessions.
Sitting at chambers.
Office hours and holidays.
Commencement of actons.
Warrant to sue.
Arrrest allowed in case of debtors being about to leave the Colony.
Bail bond.
Power of Court to order a defendant's discharge.
Malicious arrest.
Suing out process.
Writ of summons to appear in ordinary cases.
Service of process.
No service of civil process on a Sunday, except in case of arrest.
Return of process to the Registrar's office.
Appearance of defendant to be entered in the Registrar's office;
except where the defendant intends to admit the claim against him.
Service of notices &c., after the defendant has appeared by attorney.
Time of fitting declaration or claim.
Requisites of declaration.
Time of pleading.
Requisites of plea.
Declaration to be filed in Registrar's office if defendant do not appear.
Within what time plaintiff to reply.
Rejoinder :--in what cases and within what time.
Judgment against the plaintiff for not proceeding in the cause.
Consequences of default and how remedied.
Time to declare, or plead, &c., how obtained.
Pleadings to be signed by counsel, time of filing pleadings.
Schedule of documentary evidence to annexed to pleadings.
Setting aside proceedings for irregularity.
Setting down cases for argument.
Setting down causes for trial.
Notice of trial.
Countermanding notice of trail.
Witnesses. Subpoena.
Subpoena duces tecum.
Examination of witnesses de bene esse.
Allowance of expenses and compensation to witnesses.
Punishment of witnesses for non-attendance, and of persons guilty of a contempt of Court.
Perjury.
Court may order money to be paid by instalments.
Execution of judgments, &c.
Judgments, &c. may be executed any where within the Colony.
Levy on defendant's goods to be made between sunrise and sunset.
Motions.
Memorials, &c. to be brought before the Court by motion.
Wit of error.
Appeal.
Copies of proceedings to be forwarded to England.
Court to execute judgment in appeal.
Trial by jury.
Number of jurors.
Who qualified and liable to serve as common jurors.
Special jury.
Qualification fo special jurors.
Sheriff to make out jury lists and transmit same to Registrar.
Penalty on sheriff for neglect of duty.
Jury lists to be in use for one year.
Order of summoning juries.
Summons.
Panel.
Penalty for non-attendance.
Jury to be balloted for.
No challenge except for cause.
Talesmen.
As to jury for new cases.
How jury when sworn or charged with any prisoner, to be kept.
How jury to be kept when necessary to adjourn the Court.
In case of death or disability of juror, jury may be discharged.
In case jury cannot agree upon verdict.
Verdict.
Inditement or information.
Process for summoning defendant on indictment, or information.
Notice of trial on indictment or information.
Prosecutor to deliver to sheriff process, copy of indictment or information and notice of trail.
Time and mode of summoning defendant on indictment or information.
Return fo service of copy of indictment, &c.
Proceedings on non-appearance of defendant thereon.
Proceedings on non-appearance of prosecutor after notice of trail.
Process for procuring attendance of witnesses on criminal cases.
How many witnesses in one subpaena.
Private prosecutor to pay sheriff's costs together with expenses.
Service of subpaena.
Pleading to indictment or information. Reufusal to plead.
Noting Plea.
Effect of plea of 'not guilty,'or of special plea.
Amendment of indictment or information.
When the jury shall be charged with prisoner.
Judgment not to be reversed, except upon objections arising upon record.
Judgment not to be reversed for want of averments of immaterial matter, &c.
Fees.
Summary jurisdiction of Court.
No cause of action to be split, but the Court may decide thereon if plaintiff be satisfied to receive the sum awarded in full of all demands.
No summary jurisdiction in certain cases.
Power to examine plaintiffs and defendants on oath and to award costs, &c.
Proceedings, orders &c. to be in form prescribed in schedule.
Court amy dismiss action or complaint with costs, &c.
Consequences of not proceeding under summary jurisdiction.
Plaintiffs and defendants to attend personally unless unavoidably prevented.
Witnesses not attending, and persons guilty of contempt, how punished.
Perjury.
Execution.
Power to appoint special bailiffs.
Orders and decrees may be executed anywhere within the Colony.
Time of levy.
Mode of proceeding in the writ of execution.
Proviso as to disputed claim to goods, &c.
Imprisonment by process of Court not to exceed three months.
Liability of future effects.
Execution not to prejudice landlords.
8 Anne C. 14.
Court may order money to be paid by instalments.
Oders to be final.
Actions against officers, &c.
Gerneral issue.
Proceedings not to be set aside for want of form.
Allowance and recovery of fees.
Registrar to receive and account for fees.
Right to sue or dedend in forma pauperis.
Appointment of barrister and attorney to appear for pauper.
No fees to be taken in pauper causes.
When privilege of suing or defending as a pauper to cease.
Interprertation clause.
Writ of Capias ad Respondendum. See 31.
Ball-baod to the Sheriff. Sec. 31.
Condition.
Writ of Summons. Sec. 35.
Writ of Summons o Bills &c. Sec 35.
Assignment of Bail-bond. Sec. 38.
Subpaena. Sec. 56, 101.
Subpaena duces tecum. Sec. 57.
Summons to juror. Sec.80.
Process for summoning defendant on indictment &c. Sec. 93.
Notice of trial, &c. Sec. 94.
Fees. Sec. 112.
Forms relating to Summary Jurisdiction. Sec. 117.
Entry of Plaint.
Summons.
Notice of trial.
Subpaena.
Decree in favor of plaintiff.
Dismissal. Sec. 118.
Warrant on dismissal. Sec 118.
Precept to bailiff. Sec.123.
Alias &c.
Order to discharge defendant out of custody.
Fees. Sec.132.
Identifier
https://oelawhk.lib.hku.hk/items/show/19
Edition
1890
Volume
v1
Cap / Ordinance No.
No. 15 of 1844
Number of Pages
42
Files
Collection
Historical Laws of Hong Kong Online
Citation
“SUPREME COURT ORDINANCE,” Historical Laws of Hong Kong Online, accessed December 30, 2024, https://oelawhk.lib.hku.hk/items/show/19.
