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GOVERNMENT NOTIFICATION.-No. 152.
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The following Rules, under the Suitors' Funds Ordinance, No. 8 of 1896, are Rubbished.
By Cominand,
Colonial Secretary's Office, Hongkong, 25th April, 1896.
REG 28 MAY 36
J. H. STEWART LOCKHART, Colonial Secretary,
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I, WILLIAM MEIGH GOODMAN, Acting Chief Justice of Hongkong, with the encurrence of His Excellency Sir WILLIAM ROBINSON, R.C.M.G., Governor of Hongkong, do hereby in pursuance of the powers contained in The Suitors Funds Ordinance, 1896, and of every other power enabling me in that hehalf make the following rules --
I.-Operation of Rules and Interpretation of Terms.
1. These rules shall come into operation on 1st June, 1896, and may be cited as "The Suitors' Funds Rules 1896."
2. All other rules or orders or rules of practice regulating the mode of dealing with funds in Court and containing any provisions relating to finds in Court inconsistent with these rules are hereby revoked and these rules are substituted therefor provided that the rules hereby revoked shall continue to apply to orders made but not fully acted upon before these rules come into operation so far as is indispensable for the purpose of duly giving effect to such orders.
viz.
3. In these rules the following words shall have the several meanings hereby assigned to them,
"Registrar" means the Registrar of the Supreme Court.
"Treasurer" means the Colonial Treasurer.
"Funds" or "Funds in Court," means any money or securities or moveable property or any
part thereof standing in or to be placed to the Treasurer's account and includes boxes and other effects.
"Lodge in Court" means pay or transfer into Court or deposit in Court; and
"Lodgment in Court" has a corresponding meaning.
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Title of the canse or matter means the short title of the cause or matter with reference to
the record.
"
"Ledger credit means the title of the cause or matter and the separate account (if any) opened or to be opened under an order or otherwise in the books of the Treasurer to which any funds are credited or to be credited.
"Order' means an order of the Supreme Court and includes a judgment or decree and
includes the schedule or schedules to an order.
"Court" means the Supreme Court.
II.-Lodgment of Funds in Court.
4. (i)-Funds to be lodged in Court on any lodger credit shall be lodged by means of a Direction
to the Treasurer signed by the Registrar and bearing the seal of the Court. Such Direction shall be headed with the title of the cause or matter and the title of the ledger account to which such funds are referable and shall contain full and complete particulars as to such lodgment and shall be in the form No. 1 in the schedule or as near thereto as may be practicable.
(ii)-When money is to be lodged as security for costs or by way of satisfaction or amends or in compliance with an Order giving leave to defend upon such payment in, the Direction shall contain a statement of the circumstances under which the money is to be lodged, viz.:-
(a) Paid in on behalf of defendant in satisfaction of claim of the above-named (
(6) Paid in under Order dated the
day of
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(c) Paid in to security for costs account on behalf of (
).
).