SUPREME COURT -- SUMMARY JURISDICTION ORDINANCE

SUPREME COURT -- SUMMARY JURISDICTION ORDINANCE

Pro& nblo.

Persons impri..
armed under
process of the
Court for sums
from one to flue
hundred dollars,
not to be hnpri-
soned for a
longer term than
twelve months.

-Fxponsos of
~COeP1ng such
.debtors to be
'defrayed by the

:,Parties at whose
suit they are

-arrested.

ORDihA?~:C.E: No. la o>, .185.

Supreme Court-Summary Jurisdiction..

:No. 10 of 1857.
An Ordinance to amend Ordinance No. 8 of 1849.

(23rd October, 1857.

WHEREAS it is expedient to alter and amend that portion of Ordinance No.
'3 of

of the

'brdixtance not to
apply to debtors
who have
inqurredthedebt
by frond or
laencla of trust,

7849, by which defendants arrested and taken in execution under the
process

Supremo Court of Hongkong, sitting in its summary jurisdiction, for sums

exceeding, the amount of one hundred dollars, are debarred the benefit
of. the fourteenth
suction of Ordinance No. 9 of 1845: Be it therefore enacted and
ordaiuedyby._,His
Excellency the Governor of Hongkong, with the advice of the Legislative
'dduncil
thereof, in manner following, that is to say:-
Every defendant who shall be arrested and taken in execution under .the
process
of the said Supreme Court, sitting in its summary jurisdiction, and in
whose case the
debt or damages decreed or ordered shall exceed the sum of one hundred
dollars, but
shall not exceed the sum of five hundred dollars, shall and may be
imprisoned in the
prison of the said Court at the discretion of the Chief Justice of the
said Supreme
Court, for any term not exceeding twelve months, unless before the
expiration of such
term the order or decree of the said Court shall have been satisfied; and
in case such
order or decree shall not be satisfied at the expiration of such term,
then such defendant
shall be discharged from such prison; but it shall be lawful for the
complainant, at
any time after such order or decree, to take out fresh execution against
any estate,ox'
effects which such defendant may have become possessed of or entitled to,
until such
order or decree shall be fully satisfied.
2: Whenever any such defendant as aforesaid shall be arrested and taken in
execution under such process as aforesaid, the complainant, at whose suit
he shall b&
-so arrested and taken in execution, shall pay such expenses as may have
been incurred
in and about the maintenance of such defendant, in such prison as
aforesaid, not
exceeding the rate of twenty-five cents per dienx ; and the amount of
such expenses
shall be a debt due to the Crown, and shall be suable for and recoverable
by the Governor
of the gaol for the time being.
3. Nothing in this Ordinance shall be construed or taken to extend or
apply to~
any defendant, who shall have contracted the debt or become liable to the
damages for
which the decree or order of the said Supreme Court shall have been given
against him,,
or any part thereof, by reason of any manner of fraud, or breach of
trust, or without
reasonable probability at the time of contracting the same of being able
to pay the
same, or who shall have voluntarily done or suffered any act whereby his
goods shall
-have been taken in execution, or shall have voluntarily made or clone
any assignment,.
deed,. actor thin-, with intent to delay or defraud the complainant, at
whose suit such
decree or,order.shall be given against him or any other of his creditors.

Ordinance to 4. This Ordinance shall~exteud to persons now in prison under
Ordinance No. 3;
extend topersone
now in prison. Of 1349.

[Repealed by Ordinance No. 7 of 1862.E
Title.
Preamble.
Persons imprisoned under process of the Court for sums from one to five hundred dollars, not to be imprisoned for a longer term than twelve months.
Expenses of keeping such debtors to be defrayed by the parties at whose suit they are arrested.
Ordinance not to apply to debtors who have incurred the debt by frand or breach of trust, &c.
Ordinance to extend to persons now in prison.

Title.
Preamble.
Persons imprisoned under process of the Court for sums from one to five hundred dollars, not to be imprisoned for a longer term than twelve months.
Expenses of keeping such debtors to be defrayed by the parties at whose suit they are arrested.
Ordinance not to apply to debtors who have incurred the debt by frand or breach of trust, &c.
Ordinance to extend to persons now in prison.

https://oelawhk.lib.hku.hk/items/show/116

1890

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No. 10 of 1857

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