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XCR(78)237
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$5,000. It has been suggested in the Legislative Council that this jurisdiction be increased. In 1973 the jurisdiction of the District Court in land matters was extended to cases where the annual rent or rateable value, or the annual value of the land, whichever is the least, does not exceed $15,000, and it is considered appropriate that its jurisdiction in proceedings under the Ordinance should be extended in the same way.
Partition (Amendment) Bill 1978
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Clause 2(b) of the annexed bill deletes section 3(2) of the Ordinance. Mortgagees will not be prejudiced by the removal of this subsection since the following provisions in the Ordinance will afford them adequate protection:
(a)
the Court may add as a party any person whose presence is considered desirable (section 3(4));
(b)
notice of judgment or order must be served on every person interested (section 3(5)) or published (section 3(6));
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(c)
(d)
no order for partition shall prejudice any person other than a party to the proceedings (section 4(3));
where there has been a sale the Court may appoint trustees of the proceeds who, after discharging any liability to the Crown, must discharge any incumbrance before paying anything to persons interested (section 7(6)).
Clause 3(b) of the bill extends the jurisdiction of the
District Court as indicated in paragraph 5.
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The opportunity is also taken to effect a minor amendment to section 3(1) to clarify the category of persons who may institute proceedings under the Ordinance.
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The Law Society has signified its approval of the bill. The Bar Association has been consulted but has offered no comments.
G.S. 84
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