SMALL DEBTS COURT (N.T.) RULES

SMALL DEBTS COURT (N.T.) RULES

NOTICE is hereby given that the property specified below
has been attached under a warrant of attachment issued by
the Assistant Land Officer at on the day of
, 19 , and the said and
all other persons are hereby prohibited from removing or dealing
with the said property, and all persons are prohibited from receiving
the same by purchase, gift or otherwise.
The day of 19
Attaching Officer.

DESCRIPTION OF PROPERTY.

S. D. Lot No. PROPERTY ATTACHED.





[Regulation 15 to be printed here.]

SMALL DEBTS COURT (N.T.) RULES.

(Cap. 97, section 63).
(Ordinance No. 34 of 1910).

[6th August, 1909.]

1. The procedure to be followed in every Small Debts Court shall be
as far as possible identical with the procedure from time to time followed
in the Supreme Court in its summary jurisdiction.

2. The forms contained in the Schedule to these rules shall be used
in every Small Debts Court in lieu of the forms used in the Supreme
Court in its summary jurisdiction, and for the purpose of applying the
procedure of the Supreme Court in its summary jurisdiction to the
distress warrant (Form H in the Schedule to these rules) such distress
warrant shall be deemed to be a writ of execution.

3. Whenever a party to any proceedings or a witness has been
duly summoned to attend before any magistrate





holding a Small Debts Court and has failed without lawful excuse to
appear at the time and place specified in the summons, it shall be lawful
for such magistrate to issue his warrant (in Form G in the Schedule to
these rules) to any constable to arrest the person summoned and to
bring him before such magistrate.

4. The following fees shall be paid by the plaintiff in respect of the
matters specified hereunder and the amount of such fees shall be
recoverable as a part of any judgment that may be given in the cause-
Fee for issue of summons to defendant (which
fee, except for a summons by a landlord
against a tenant for recovery of rent, may
be dispensed with at the magistrate's
discretion) ........... $1
Fee for issue of distress warrant $1

5. These rules may be cited as the Small Debts Court (N.T.) Rules.

SCHEDULE OF FORMS.

[rule 2.] FORM A.
IN THE SMALL DEBTS COURT AT
Case No.
Plaintiff
of
Defendant
of
Claim
Application filed on
Signed
In my presence
FINDING. Magistrate.
Plaintiff
For Defendant in the sum $

Costs $
Expenses $
Total $
Writ of Execution Audit No.
Received the sum of $
Witness.
Plaintiff, or Defendant.





[rule 2.] FORM B.
IN THE SMALL DEBTS COURT AT
Summons to defendant.
Case No.
V.
To of
You are hereby summoned to appear before me at
on day, the day of ,
19 , at o'clock in the noon
to answer the plaintiff's claim, the particulars of which are hereto
annexed: and take notice that if you fail to appear judgment may
be given in your absence. Claim
Dated this day of 19

Magistrate.

[rule 2.1 FORM C.
IN THE SMALL DEBTS COURT AT
Summons to witness.
Case No.
V.
To of
You are hereby required toattend before me at
on day, the day of
19 at o'clock in the noon, to give
evidence in the above cause on behalf of
Dated this day of 19

Magistrate.

[rule 2.] FORM D.
INTHE SMALL DEBTS COURT AT
Summons to witness.
In the matter of Case No. of 19
And in the matter of the New Territories Ordinance
(Chapter 97 of the Revised Edition).
To
You are hereby summoned to attend before me at
on day, the day of
19, at o'clock in the noon, to give
evidence in the above cause and also to bring with you and produce
at the time and place aforesaid all books papers and documents
in your possession relative to the above-mentioned action and
particularly and herein fail not at your peril.
Given under my hand and seal this day
of 19
Magistrate.





[rule 2.] FORM E.
IN THE SMALL DEBTS COURT AT
Writ of interim attachment.
In the matter of Case No. of 19
And in the matter of the New Territories Ordinance
(Chapter 97 of the Revised Edition).
Between plaintiff
and
Defendant.
To
These are to command you forthwith to call upon the
defendant to furnish security in the sum of
$ or in other property of such value as may be
sufficient to answer any judgment that may he given against
him in this action or forthwith to appear before me at
and show cause why he should not furnish such security; and
you are further commanded, in default of such security being
given, to attach all the movable and immovable property of the
said defendant within the Colony until further order in this matter.
Given under my hand and seal this day
of 19
Magistrate.

if rule 2.1 FORM F.
IN THE SMALL DEBTS COURT AT
In the matter of Case No. of And in the matter of the New Territories Ordinance
(Chapter 97 of the Revised Edition).
Prohibitory order.
is hereby prohibited and restrained, until
further order in this action, from alienating or in any way
whatsoever dealing with the following property in which he holds
registered interest, viz. and all persons are hereby prohibited and
restrained, until further order in this action, from acquiring, receiving
or dealing with the said property in any way whatsoever.

Dated the day of 19
Magistrate.





[rules 2, 3.] FORM G.
IN THE SMALL DEBTS COURT AT
Warrant for arrest.
In the matter of Case No. of 19
And in the matter of the New Territories Ordinance
(Chapter 97 of the Revised Edition).
V.
To each and all of the police officers of the Colony
of Hong Kong.
WHEREAS
was summoned to be and appear before me this day
of at at
o'clock to give evidence in 1
defend
the above case and whereas he has neglected to do so:
THESE APE THEREFORE TO COMMAND YOU to bring and have the
said before me forthwith
to testify what he shall know concerning the said case.
to make his defence to 1
Given under my hand and seal this day
of 19
Magistrate.

[rule .2.] FORM H.
(Counterfoil.) IN THE SMALL DEBTS COURT AT
Distress warrant.
In the matter of Case No. of 19
Audit No. And in the matter of the New Territories
Ordinance
(Chapter 97 of the Revised Edition).
Between Plaintiff
Case No. of of
and
Defendant.
Judgment To of
debtor WHEREAS the defendant has failed to
satisfy a judgment for money given against him
in this action on the day of
19 , in favour of the plaintiff
of for the sum of $ together with interest
at the rate of $ per cent per annum
from the date of the said judgment; AND WHEREAS
Judgment debt the said plaintiff is desirous of enforcing the said
$ judgment by the distraint of the said defendant's
property; NOW, THEREFORE, THESE ARE TO
COMMAND
You that you do forthwith distrain all the property
movable and immovable of the said defendant
Writ fee $ within the Colony or such part thereof as may be
sufficient to satisfy the said judgment and the
expenses of the execution thereof by actual seizure
or by the service of prohibitory orders according
Costs $ to the nature of the said property; YOU ARE FUR-
THER COMMANDED that as to so much of the said
Total $ property attached as shall consist of money or
negotiable instruments, you do deposit the same
in the Small Debts Court at





Date of issue and that as to so much of the said property
attached as shall not consist of money or negoti-
able instruments, you do keep the same in your
custody until further order in this action or until
Date of return the sale thereof in satisfaction of the said judg-
ment; AND YOU ARE FURTHER COMMANDED that in
case you shall not be able to find sufficient property
of the said defendant or the said defendant shall
Amount $ fail to point out to you any property whereon to
levy, you do forthwith arrest the said defendant
and deliver him into the custody of the Commis-
sioner of Prisons to be imprisoned in a prison as
a prisoner for debt for the period of
unless he shall be sooner discharged in due course
of law.
Given under my hand and seal this
day of ,19
Magistrate.

[rule 2.] FORM I.
IN THE SMALL DEBTS COURT AT
In Case No. Of 19
Judgment for money.
It is this day adjudged that recover against
the sum of $ for debt and
$ for expenses and $ for costs with
interest thereon at the rate of per cent from this date until
payment.
Dated this day of 19
Magistrate.

NUISANCES CONTROL (N.T.) REGULATIONS.
(Cap. 97, section 4).
(Ordinance NO. 34 Of 1910).

[23rd September, 1938.]

1. The following shall be deemed to be nuisances-
(a) any premises in such a state as to be a nuisance or
dangerous to the health of any person
(b) any pool, ditch, gutter, watercourse, privy, urinal, cesspool,
drain or ashpit so foul or in such a state as to be a nuisance
or dangerous to the health of any person;
(c) any cistern for domestic water supply or place so
constructed or kept as to render the water liable
Regulations Fraser, vol. 2, p.654.
G.N. 728/38.

Regulations Fraser, vol. 2, p.654.
G.N. 728/38.

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