SHERIFF'S ORDINANCE, 1873

SHERIFF'S ORDINANCE, 1873

,ORDINANCE, -,'No. .1. QFx873.

No. 1 of 18'3.

An Ordinance to make better Provision for the Appointment and Reinu-
ntie. .

neration of the Sheriff and Deputy Sheriffs of the Colony, and to

afford them Relief and Protection in the Execution of their Duties.
- C 11th February, _ 1$73.

'HEREAS it is expedient to make better provision for the appointment and

remuneration of the Sheriff and Deputy Sheriffs of the Colony, and to
afford
them relief and protection in the execution of their duties: Be it
enacted by the
Governor of Hougkong, with the advice o£ the Legislative Council thereof,
,as follows:--

1. This Ordinance may be cited as '° The Sheriff's Ordinance, 1873.'

'2. In the interpretation of this Ordinance, unless it be otherwise
specially provided snort title.
or there be something in the contest repugnant to such interpretation,
the term

'Sheriff' shall be deemed to include 'every Deputy Sheriff or'other
person appointed
to act as Sheriff under section 6,' and subject as aforesaid the term
Sheriff shall be
read as if those words had been inserted immediately after the said term.
3. Sections 12 and 13 of Ordinance No. 6 of 1845, and so much of xule 60
and of
ectedule'No. 7 of the General Orders o£ the Supreme Court of this Colony,
o£ the 1st
of March, 1847, as relate to Sheriff's fees, are hereby repealed.
4. The Governor shall, from time to time as occasion may require, appoint
under
his hand and the seal of the Colony a fit person to the office of Sheriff.
The Governor may, from time to time, appoint under his hand and-the seal
of the

Colony one or more Deputy Sheriffs.

Proomtde.

Intorprotation
clanae:

Repealing clause.

Appointment of
Sheriff and

Deputies. - ,

15. The Sheriff shall execute all write, summonses, rules, orders,
warrants, cow. ' Duties ofsheri>t.
wands, and processes of the Supreme Court, and make a return of the same,
together
with the manner of the execution thereof, to the said Court, and receive
and detain in
prison all such persons as shall be committed to his custody.

8. Whenever the Supreme Court shall direct or award any process against
the
Sheriff or any Deputy Sheriff, or shall direct or award any process in
any cause, matter,
or thing, wherein the Sheriff or any Deputy Sheriff * related to the
parties, or any of
them, or, by reason of any good cause of challenge, cannot or ought not
by law to
execute the same, in every such case-the Court shall name and appoint
some other fit
person to execute and return the acme, and the said process shall be
directed to the
person so to be named form that purpose, and the cause of such special
proceedings
shall be suggested and entered on the records of the Court. And every
person so
appointed shall for the time being have all the powers and be subject to
all the respon-
sibilities attaching to the office of Sheriff. -

7; The Sheriff may in eases of doubt or difficulty in the execution. of
his duties, Sheriff may
obtain direction

apply. to: the Chief -Justice by petition filed in the Supreme Court, and
supported by of Court in

of d Lenity.°a``es

affidavit: for an order or orders for his direction and guidance, and-
the 'Chief Justice
shall thereupon make such order or orders, interim, conditional on
otherwise, in the
matter as Tmay seem just and reasonable. The petition and affidavit shall
be in the

Process against
-Sheriff or

Deputies, rtT

Isas, a. Ia.~

[ The word 'it
seems to have
beers omitted.]
t
y

Vroteotion to

(. :-Sberif,-4e.,

.acting Under

t,,- such direction.

~rov3eo

~oete of actions
against Sherifro

1100 1887, e.

i`

ORDINANGE No. 1 of 1873.

form contained in the first schedule to this Ordinance, or as nearly so
as the circum-
stances .of the case permit.

$, If any action be brought against the Sheriff for any act done or
omitted to be
done by him in pursuance of any order made or given under the last
preceding section,
the proof of the facts stated in the petition filed and of the order or
orders made thereon
shall -be a sufficient answer to such action, and the defendant on such
proof as aforesaid
shall be entitled to a verdict or judgment in his favor, and also to his
full costs of suit;
Provided. always that if it shall be shown in ,any such action that the
defendant ha's
wilfully misrepresented or suppressed any material fact in the petition
filed, lie shall
not be entitled to the protection. of this section. ,

9. Whenever any action shall be brought against.the Sheriff or any of his
bailiffs
or officers, for any act done or omitted to be done in the execution of
their duties, and
a verdict or judgment shall be given for thesplaintiff in such action,
the plaintiff shall
not have~costs against the defendant, unless the Judge certifies his
approval of the
action and verdict, or where the trial is had without a jury, of the
action only. ,

If a verdict or judgment is given for the defendant or the plaintiff
becomes non-,
sitit or discontinues the action after.issue joined or if on demurrer or
otherwise judg=
;nagizt, ,is given-against.the plaintiff, the defendant shall recover
his full costs and shall:

x laaqei tli~ like remedy for the same as any defendant has by law for
costs in other cases..

r~;~tei~:a~c. ~Y IVNo such aetion, half be,brou&

t-axceptwithin three months after the aGt'of
AotlOSis, ne ce,

- =. -commission or-omission=complaai ~t1 bf .. . . , .
(3ee 10 0,11887 r A , .

Notice. in writing of every such action and of the cause thereof shall
be, given to
the intended defendant one month at least before the commencement of the
action.

The plaintiff shall not recover if tender of sufficient amends is made
before action
brought or if after action brought a sufficient sum of money is paid into
Court by ox
on behalf of the defendant, and the defendant undertakes to pay costs
when taxed.

~tanup antweyi :: .- 11. From amd after the eoinmencement of. this
Ordinance no fees shall be payable,

t0-
.,the, Sheriff, but in lieu thereof the stamp duties specified in the
second schedule to.

this.0 d' h b -' sed and al?all, be pa able by the parties who but for the

r mance are ere y- impo

pass this Ordinance would.. be. liable to;,tbe payment of Sheriff's fees
in,respect of
= eAlae .same matters.; h and -the ; Sheriff ; shall: be : remunerated in
.manner hereinafter,
= 'Maen~tionpd.

Allowances fdr ' 1'2.'. Allowances in respect of disbursements by the
Sheriff in the execution of. the.
disbursements, ' ' ' a
duties of,his office shall be paid in accordance with the scale contained
in the third.
selioduls .to:,tliis Ordinance; and the party at whose instance
the,Sberiff shall execute
such duties, shall be primarily liable to the payment thereof.

13. No warrant or other authority in.. writing addressed to the Sheriff
for the

~~bpe~iy .` peeformarice of any. act or duty relating to his office shall
have any force or effect, and
6bazmped
^.the Sheriff shall not receive' or. execute or act-upon the same unless
it shall bear an
:%mpressed or adhesive stamp of the amount indicated in the second
schedule to this-
=Ordiia,nce to be 1>mper for such instrument, or.for the performance of
such act=or
-duty, and in cases where the Sheriff shall be called upon to perform any
act or duty.
ORDINANCE No: 1. e:F 173.

not requiring a warrant or authority in.writing, he shall file in the
Supreme Coyt:a-
voucher in the form contained in the said schedule or as near thereto as
circumstances
permit, which shall specify the date and particulars of the act or duty
performed or to

be performed, and shall bear a stamp of the amount indicated in the said
schedule to
be proper for the same: Provided always, that nothing herein contained
shall reader
liable to a stamp duty any instrument, or necessitate the filing of a
stamped voucher
for any act or duty, in respect of which the Sheriff is not at present
entitled to any fee.

14.. The scale of stamp duties and of allowances for disbursements
contained in
the second. and third schedules to this Ordicance may be varied from time
to time by
any resolution of the Legislative Council to be published in, the
Gazette. '

15. 'The Stamp (Amendment) Ordinance, 1868' shall be read as if the stamp
duties for the time being in force under the provisions hereiilbeforo
contained, were
,comprised in the schedule thereof. ~

16. The Sheriff shall receive such yearly salary or such sum of money by
way of
remuneration, to be paid out of the general revenues of the Colony, as
'shall from
time to time be fixed by the Governor in Council.

1'7: Nothing heroin contained, except as is expressly provided, shall be
construed
to take away, abridge or affect the jurisdiction now exercised' by the
Supreme Court
or the Chief Justice thereof, in relation.to the Sheriff and his officers.

1$. This Ordinance shall commence and take effect on such day as shill
hereafter

be fixed by proclamation under the hand of the Governor.

'1HE.FIRST SCHEDULE.

Sehedulce nray 6e
vetted, '

4 1110

owumy

~mendanent
Ordiunn0a,18Ga;'

Sncin9of
Jurisdiction of
SuprOme Court.

of Ordinance.

(Form of Petition and Affidavit under aeot£onq7,)

IN THE SUPREME COURT OF HONGKONG.

A. v. B.
or
In re -

The humble- petition of

(;sheriff or Deputy Sheriff o£ the Colony of. Hongkong, or Acting Sheriff
appointed under section 6
of 'The Sheriff's Ordinance, 1873,' Sheweth:

Your petitioner therefore humbly prays that this Honorable
Court will 'make such order or orders as it shall deem
just and reasonable for his direction and guidmce. -

dud, &c.

I, ; the petitioner named in' the above

petition, .(or' in the petition hereto-aunesed) make oath and say that
the several allegations in
the said petition are true, and that I have `no knowledge of. any other
facts,-which-to the best of

my belief are material to the question before the Court.
Sworn,.&c.
ORDINANCE No. 1- of 1873.

THE SECOND SCHEDULE.

Scale of Stamp Duties under section 11.

For service of every summons, subpoena, citation, or order, .~

For every arrest on civil process,

For discharging every defendant by desire of plaintiff,
............

For releasing property taken in execution, at the desire of plaintiff,

For drawing and taking bail bond, each defendant, ...... .

'For filing bail bond, . :

For assignment of bail or otherbond, . , ...............

For receiving money upon deposit and paying into Court,
For return to any writ of Habeas Co?Tus, if one action, ,

For each action after the first, . , ....

For. searching office for detainera, . ..

For every arrest or seizure in execution. 2 per cent on the first $C>00;
and 1 per cent on every
$100 or fractional part thereof above $600.

On Writs of Inquiry.

On lodging writ for entering cause and warrant for summoning Jury.

1.0b
260
0.60
2.60.
1.00
1.00
loo-

2.00
3.00'
100
1.00-

Sheriff far presiding, . : :

Bailiff summoning jury and attendance in Court, :
~-Diawing-and engrossing inquisition, per folio of 72 words,
.,

In Replevin.

5.00
1.00
0.60
1:00
0.60

For every replevin bond, where the value of the property replevined shall
not exceed $100, , -$ 2:00_

For every $1V0 or fractional part thereof above the first $100, 0.25

Precept tobailiff, 1.00

Notice for service on defeudant, 0.60

Bailiff summoning parties and delivering goods to tenant, 2.00

Jury Process.

For ieturn to precept for common jury, . . $ 1.00
for return to precept for special jury, , .............. , 2.00

The like on distringas or Iiabeas Corpus, . 3.00

The like with a view,, . : '5.00

For each warrant to bailiff to summon common juror, and service, 0.60

For oach warrant to bailiff to summon special juror and service,
.............. ,., 1.00-

(1%urnt of 87terifa' Voucher.)

THE SHERIFF'S ORDINANCE,. 1873.

In the Supreme Codrt of Hongkong, .
The day of

(Insert Particulars of Act.)

A. z. B.

or

In re -

Sheriff or Deputy
Sheriff, *c.
Sheriff.

No. 1 of 1873.

THE THIRD SCHEDULE.

Scale of Allowancces for Diabursenaerats under Section 12.

For conveying defendant to gaol from place of arrest, per mile, ........ $ 0.50
For each man left in possession, (including his board), per diiem,
, - 1.50

When service of process is required to be made at a distance of more than
one mile from the

Supreme.Court, for every mile or part of a mile beyond that dixtanne,
0.511

[In force f om 1st Dlarcla, 1873, under I-Voclamataon 15th February,
1873:
repealed by Ordinance tfo: 22 of T 882.,

NOTE.-For resolution of the Legislative Council of the ,25th August,
1875, as to scale
of stamp duties in the 2nd schedule, sec Gazette 28th of the same month.
1153
Title.
Preamble.
Short title.
Interpretation clause.
Repealing clause.
Appointment of Sheriff and Deputes.
Duties of Sheriff.
Process against Sheriff or Deputies.
[See No. 6 of 1845, s. 13.]
[ * The word ' is' seems to have been omitted.]
Sherriff may obtain direction of Court in cases of difficulty.
1154
Protection to Sheriff, &c., acting under such direction.
Proviso.
Costs of actions against Sheriff, &c.
[See 10 of 1867, s. 76.]
Limitation of actions, notice, &c.
[See 10 of 1867, s. 76.]
Stamp duties in lieu of Sheriff's fees.
Allowances for disbursements.
Instruments to be void unless properly stamped.
1155
Proivso.
Schedules may be varied.
'The Stamp Amendment Ordinance, 1868.'
Remuneration of Sheriff, &c.
Saving of jurisdiction of Supreme Court.
Commencement of Ordinance.
1156
1157

1153
Title.
Preamble.
Short title.
Interpretation clause.
Repealing clause.
Appointment of Sheriff and Deputes.
Duties of Sheriff.
Process against Sheriff or Deputies.
[See No. 6 of 1845, s. 13.]
[ * The word ' is' seems to have been omitted.]
Sherriff may obtain direction of Court in cases of difficulty.
1154
Protection to Sheriff, &c., acting under such direction.
Proviso.
Costs of actions against Sheriff, &c.
[See 10 of 1867, s. 76.]
Limitation of actions, notice, &c.
[See 10 of 1867, s. 76.]
Stamp duties in lieu of Sheriff's fees.
Allowances for disbursements.
Instruments to be void unless properly stamped.
1155
Proivso.
Schedules may be varied.
'The Stamp Amendment Ordinance, 1868.'
Remuneration of Sheriff, &c.
Saving of jurisdiction of Supreme Court.
Commencement of Ordinance.
1156
1157

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No. 1 of 1873

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