784
Particulars of advertisement.
0.55 r. 47.
Non-necessity of affidavit or attendance by creditor. Ib. r. 49. Duty of creditor to produce security, if any, and, if required, evidence of debt. Ib. r. 50.
Effect of creditor refusing to produce security, etc. Ib. r. 51. Examination and verification of claims. Ib. r. 52.
Postponement of
No. 3.] THE ORDINANCES OF HONGKONG: [A.D. 1901
658.—(1.) An advertisement for claimants or creditors shall fix the time within which each claimant, not being a creditor, is to come in and prove his claim, and within which each creditor is to send to the executor or administrator of the deceased person, or to such other party as the Court may direct, or to his solicitor, to be named and described in the advertisement, the name and address of such creditor, and the full particulars of his claim, and a statement of his account and the nature of the security, if any, held by him.
(2.) At the time of directing such advertisement, a time shall be fixed for adjudicating on the claims.
659. No creditor need make any affidavit or attend in support of his claim (except to produce his security), unless he is served with notice requiring him to do so as hereinafter provided.
660. Every creditor shall produce the security, if any, held by him before the Court at such time as may be specified in the advertisement for that purpose, being the time appointed for adjudicating on the claims, and every creditor shall, if required, by notice in writing to be given by the executor or administrator of the deceased person or by such other party as the Court may direct, produce all other deeds and documents necessary to substantiate his claim before the Court at such time as may be specified in such notice.
661. In case any creditor refuses or neglects to comply with the requirements of the last preceding section, he shall not be allowed any costs of proving his claim, unless the Court otherwise directs.
662. The executor or administrator of the deceased person, or such other party as the Court may direct, shall examine the claims of creditors sent in pursuant to the advertisement, and shall ascertain, so far as he is able, to which of such claims the estate of the deceased person is justly liable; and he shall, at least seven days prior to the time appointed for adjudication, file an affidavit, to be made by the executor or administrator, or one of the executors or administrators, or such other party, either alone or jointly with his solicitor or other competent person, or otherwise, as the Court may direct, verifying a list of the claims, particulars of which have been sent in pursuant to the advertisement, and stating to which of such claims, or parts thereof respectively, the estate of the deceased person is, in the opinion of the deponent, justly liable, and his belief that such claims, or parts thereof respectively, are justly due and proper to be allowed, and the reasons for such belief.
663. In case the Court thinks fit so to direct, the making of the affidavit referred to in the last preceding section shall be postponed till