SUPREME COURT ORDINANCE, 1873

SUPREME COURT ORDINANCE, 1873

Supreme Court.

No. 22 of 1882.

An Ordinance to amend the Supreme Court Ordinance, 1873.

[11th December, 1882.]

WHEREAS it is expedient to amend the Siipreme Court Ordinance,
1873, and to make further provision for the execution of the
process - of the Supreme Court; Re it enacted by the Governor of
Hon;kong, with the advice of the Legislative Council thereof, as follows
:--

1. Section 15 of the Supreme Court Ordinance, 1873, is hereby. ;;cc. o::>
af
amended by substituting the words ' 2 Deputy Registrars' in place of
ordinance i
of 1b7:3

the wordy 'a Deputy Re ;istrar' and the words ' 2 clerks of. the Court'
~1me'~l~<t.

'instead of the words ' a clerk of the Court.'

2, The Governor may from time to time appoint one or more bailiffs
4 the Supreme Court, and may also frog time to time approve of the
appointment by any such bailiff of a deputy bailiff. Each bailiff may,
however, act as the deputy ofanother and execute any process of the Court,
although it= may have been directed personally to some other bailiff.

3. The Registrar shall direct the process of the Court to be executed
by such of the bailiffs of the Court as he may from time to time think fit.

Bailiff to
execute

Registrar an
'Deputy Regis

.

trar protected
from acts dons
by !order,

Officers ille;ally demand

-Ing fees.

ORDINANCE No. lZ of L88-?.

..S'upreme Court.

4. In case process may be awarded by the Court against any officer
of the Court, such process may be issued directed or executed by any?
other officer of the Court as the Court or a Budge may direct.

6. Each bailiff shall serve and execute all process of the Supreme
Court underr the directions of the hebistrar, and make a return- of the
same together with the manner of the execution thereof to the Court, and
Shall arrest and convey to prison all such persons as shall be committed
to his custody by order of the Court.

Bailiff pro- S. No suit shall be brought against a bailiff for anything
done or
x~et~ from

A
'Ads done by omitted to be done by him whilst acting under the directions
in

writing of the Registrar or of a Deputy Registrar of the Court or iu
pursuance of any order made or given by ~ the Court or a Judge as
hereinafter mentioned. Provided always that such bailiff do not wilfully
misrepresent, or suppress- any material iact in obtaining any such
directions from the registrar ox Deputy Registrars.

7. No suit shall be brought . against the. Registrar or, any Deputy
Registrar for any act done or omitted to- be. Boy; by any of the,
balift3v:
or deputy valiffs without, directions from ~u~h Registrar or Dep4t~t,:.
Registrar, nor sell any, suit be brouirht:;~igainst any Registrar or
Deputy
Registrar for any directions liven to' ~i'ballff' with regard to tie
executzori
or coon-execution of process if such ~ directzone shall be in accordance
with an order obtained from the Court or 'a Judge as hereinafter
mentioned.
Provided always that no material fact be wilfully misrepresented or sup-
pressed by such Registrar or Deputy Registrar in obtaining such order:

y,$ t~,~r 8.The Registrar or Deputy llegistrar may in case of doubt orP~pu
tyu:egiadifficulty apply summarily to the Court, or a Judge for an order
for the

ti ax may.;-:
apply f °~ direction and guidance of the bailiff, and the. Court or Jud a
may ako
suCh~ order in the mutter as may seem just and rea,sonable.

~, No officer of the Supreme Court shall directly oz' indirectly `.~,sk
or receive any fee or gr'atnity, not authorized by late, in respect of
any of
the duties of his office.
10. If any officer of the Supreme Court acting under colour off- the`
process of the Court is charged with misconduct or with any w rorigful
act or neglect in the discharge of the ,duties of his office, the Court or
Judge may enquire into the matter in a summary way on such evidence
as may appear reasonable, and for that purpose may summon and enforce
or, DmwC E No. 22 oFlsg2.

Supreme Court.

the attendance of all necessary parties and witnesses in like manner as
the attendance of witnesses in other~cases may be enforced, and may
make such order for the payment of all damages and costs that I11ay hake
been caused by any such act or neglect as it or he thinks j z.ist, and
impose
such fine upon the -offices°~os ithor he may deem adequate; and in default
of payment of any money; so ordered to be paid, payment of the same
may be enforced, as a judgment recovered in the Court. Provided always
that this provision shall,not tale away any right of action for damages
against any officer, but no action shall be commenced or continued for
any act or omission of such officer after the Court or a Judge has ordered
compensation to be paid in respect of it under this section.

11, Whenever any suit shall be brought against any officer of the Costs
in c4s~s'-against

Court for any act done or omitted to be done in the execution of his .
Acers of me
duties, and a verdict or ,judgrrientshall be given for the plaiutiff.in
such Court.

suit, the plaintiff shall not have costs abainst the defendant unless the
Judge certifies his approval~af the suit and verdict or wvpn the trial is
had without a jury of the suit only. If -a verdict or judgment is given
.for the defendant oe the plaintiff becomes, rion-snited or discontinues
the
suit'after issue joined, or if on~ d~m-urrer ar otherwise judgment is
liven
agauut flee plttiritiff, the def~n,dan~ ~sh~all recover his full` costs
and ~ shall
leave the like remedy ,for the same as any defendant has by law for costs
in other cases. n

12: No such suit shall be brought 'except within three months after

the act of omission or commission complained of. Notice in writing' every
such stmt xand of the cause thereof shall be biven to the intended
defendant one month .at least before the commencement of the~.suit:

The plaintiff shall not recover if tender of sufficient amends is made
before a suit is commenced, or if after a suit is commenced a, sufficient
sunn'.of money is paid into Court by or on behalf of the defendant and the
defendant undertakes to day costs when taxed.

13. X11 fees receivable in the Supreme Court shall, he payable- in
stamps subject to the provisions of the Stamp Ordinance. The fees here-
tofore payable under the Sheriff's Ordinance, I $73, shall continue to be
payable in respect of process issued by the Court until a new scale of
fees
for the Su'pr'eme Court generally shall be prepared and adopted.

14. ordinance 1'0. 8 of 18M sec. 2?' is hereby amended by striking
out the words 'or Sheriff.'

Limitation Uf
time, and
.ode of
procedure.

Fees fn ?~` ': _
prafid.~:-sta~n~r~;
and `scale : of - . .
fees nna~ tne

Sr ' ' ~c '

h~ 11-

nan

IB'13,

ell. . .

oraiIIaIi cc s
>f 1858
amended.
Ordinance,
13 of 1$7.3

ORDINANCE No. 22 OF 1882. *

Supreme Court.

Ordinance No. 13 of 1$73 is hereby amended by striking out the-
word ' Sheriff' and substituting the word 'Registrar' in section 53 sub-
section 6, and by striking out the word ' Sheriff', and substituting the-
word ~` Bailiff' in the followinn sections:
-

Section ~ $ Sub-section .11

Do. 16 ~ ~4 Do.
Do. . 17 Do.
Do. 19 Do.
Do. 20

Do. 70
Do. r (i
Do. 78
Do. 82

Do. ?
DO. 6,7&14.

Section $; sub-section 11 is also hereby amended by inserting before

the words 'by order of the Court' the ~ words 'by direction of the ~14=

gistrar or.>> q

Ora,kLr,re Section fi of Ordinance 110.: 4 .of 1$63 is hereby amended by
striking.
A
'~ rgs~ out the,woxds ~~ arid such portion of any .aol as shall be set
apart for the
confinement of debtors shall be .further subject to the supervision iah&
authority of-the sheriff.' .

Ilep»at. Ordinance N0. 1 of 1$73 is, hereby repealed.

16: this Ordinance shall not affect anythin; done- or suffered, nor
aray.Tiright power duty obligation or liability acquired imposed accrued
orincaarred under any enactment hereby repealed, nor any lebRl proceed-
i~rig,s. in respect of any such poorer duty oblibatioa or liability, and
any
Iebal proceedings may be carried on as if this Ordinance had not been:
passed nor revive any enactment repealed by any such enactment.
1657
[See Ord. No. 17 of 1884.]
Preamble.
Sec. 15 of Ordinance 12 of 1873 amended.
Appointment of bailiffs and deputy bailiffs.
Registrar may direct execution of process.
1658
Process against an officer of the Court.
Bailiff to execute process.
Bailiff protected from acts done by order.
Register and Deputy Registrar protected from acts done by order.
Registrar and Deputy Registrar may apply for order.
Officers illegally demanding fees.
Offences by officers of the Court.
1659
Costs in causes against officers of the Court.
Limitation of time, and mode of procedure.
Fees to be paid in stamps, and scale of fees under the Sheriff's Ordinance, 1873, to be continued.
Ordinance 8 of 1858 amended.
1660
Ordinance 13 of 1873 amended.
Ordinance 4 of 1863 amended.
Repeal.
Protecting clause.

1657
[See Ord. No. 17 of 1884.]
Preamble.
Sec. 15 of Ordinance 12 of 1873 amended.
Appointment of bailiffs and deputy bailiffs.
Registrar may direct execution of process.
1658
Process against an officer of the Court.
Bailiff to execute process.
Bailiff protected from acts done by order.
Register and Deputy Registrar protected from acts done by order.
Registrar and Deputy Registrar may apply for order.
Officers illegally demanding fees.
Offences by officers of the Court.
1659
Costs in causes against officers of the Court.
Limitation of time, and mode of procedure.
Fees to be paid in stamps, and scale of fees under the Sheriff's Ordinance, 1873, to be continued.
Ordinance 8 of 1858 amended.
1660
Ordinance 13 of 1873 amended.
Ordinance 4 of 1863 amended.
Repeal.
Protecting clause.

https://oelawhk.lib.hku.hk/items/show/424

1890

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No. 22 of 1882

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