10:36/11.
少
36/11 §
670
0. 16 T. 44.
Action to execute trusts of will. Ib. r. 45.
Case of
no legal
personal
representative
of deceased person interested in matter in question. Ib. r. 46.
Right to appear on
claim against estate under
administra-tion.
Ib. r. 47.
Right of defendant to give third-party notice, and filing and service thereof.
Ib. r. 48. Schedule:
Form No. 12.
No. 3.] THE ORDINANCES OF HONGKONG: [A.D. 1901
(6.) Notice of a judgment or order on an infant or person of unsound mind, not so found by inquisition, shall be served in the same manner as a writ of summons in an action.
82. In any cause or matter to execute the trusts of a will, it shall not be necessary to make the heir-at-law a party, but the plaintiff shall be at liberty to make the heir-at-law a party where he desires to have the will established against him.
83. If in any cause or matter it appears to the Court that any deceased person who was interested in the matter in question has no legal personal representative, the Court may proceed in the absence of any person representing the estate of the deceased person, or may appoint some person to represent his estate for all the purposes of the cause or matter, on such notice to such persons, if any, as the Court may think fit, either specially or generally by public advertisement, and the order so made, and any order consequent thereon, shall bind the estate of the deceased person in the same manner in every respect as if a duly constituted legal personal representative of the deceased person had been a party to the cause or matter.
party
84.-(1.) In any cause or matter for the administration of the estate of a deceased person, no party other than the executor or administrator shall, except by leave of the Court, be entitled to appear, either in Court or in Chambers, on the claim of any person not a party to the cause or matter against the estate of the deceased person in respect of any debt or liability.
(2.) The Court may direct or give liberty to any other party to the cause or matter to appear, either in addition to or in the place of the executor or administrator, on such terms as to costs or otherwise as it may think fit.
Third Party Procedure.
85.-(1.) Where a defendant claims to be entitled to contribution or indemnity over against any person not a party to the action, he may, by leave of the Court, issue a notice (hereinafter called the third-party notice) to that effect, sealed with the Seal of the Court.
(2.) A copy of such notice shall be filed in the Registry, and shall be served on such person in the same manner as a writ of summons in an action.
(3.) The notice shall state the nature and grounds of the claim, and shall, unless otherwise ordered by the Court, be served within the time limited for filing the statement of defence of such defendant.
(4.) With the notice there shall be served a copy of the statement of claim.