I, WILLIAM MEIGH GOODMAN, Acting Chief Justice of Hongkong, with the concurrence of lis Excellency Sir WILLIAM ROBINSON, K.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 behalf make the following rules:--
I-Operation of Rules and Interpretation of Terms.
1. These rules shall come into operation on
Funds Rules 1896.**
hune 1896 and may be cited as "The Suitors'
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 funds 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,
**Title of the cause or matter” meaus the short title of the cunse 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.
“Ordur” means an order of the Supreme Court and includes a judgment or decrce 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 ledger 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 beaded 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 ns 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 payinent 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 clain of the above-named (
(b) Paid in under Order dated the
day of
(c) Paid in to security for costs account on behalf of (
189
).
).
5. All kinds of securities may be lodged in Court. Shares of and securities issued by companies or corporations constituted under the laws of the Colony such shares being fully paid up and free from all liability may be transferred to the Treasurer by his name of office. Other shares and securities may be placed in a box or packet and lodged at the office of the Treasurer who will before taking custody of such box or packet see that it is properly marked and secured and inspect the contents thereof in the presence of the person lodging the same.
6. (1)The person desirous of lodging funds in Court shall obtain from the Registrar the necessary Direction for such lodgment. He shall present the direction at the ollice of the Treasurer from whom he shall receive a receipt for the same.
(ii)—When the funds to be lodged are securities to be transferred into the name of the Treasurer the person lodging such funds shall execute a transfer thereof and lodge such transfer together with the direction of the Registrar at the office of the Company or Corporation in whose books the securities
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