1958-HKRS30-8-48_Part01 — Page 14

Amend. ment of Order II. rule 29.

Amend- inent of Order V. rule 29.

Amend. ment of Order V. rule 32.

Amendment

of Order

XIl.

rule 11.

Amendment

of Order

XVII rule 19.

34 Rule 29 of Order [] of the principal rules is amended by the deletion in sub-paragraph (e) of paragraph (1) of the word "or" where it secondly occurs and the substitution therefor of the following--

"of".

5

Rule ag of Order of V of the principal rules is amended by the deletion of the words in a case of service out of the furisdiction, within such time as the court may have ordered" and the substitution therefor of the following--

5.

"within such time as the court in any particular case may have ordered".

Rule 32 of Order V of the principal rules is amended—

(a) by the renumbering of paragraphs (a) and (b) as

paragraphs (1) and (2); and

(b) by the deletion in paragraph (1) of the word "fourteen"

and the substitution therefor of the following...

B.

"Twenty-one".

Rule 11 of Order X111 of the principal rules is rescinded and replaced by the following-

"Notes of evidence.

11. The court shall take a note of the viva você evidence and shall put down the terms of any particu- lar question or answer if there appears to be any special reason for doing so :

Provided that when evidence is Laken in accordance with rule 13 it shall not be necessary for the court to take a note of the viva voce evidence."'.

7. Rule 19 of Order XVII of the principal rules is amended by the addition at the end thereof of the following new paragraph-

"D. 42. r. 11.

"(3) No writ of execution shall be issued withou the production to the Registrar of the judgment or order upon which the writ of execution is to issue, or an office copy thereof, showing the date of entry, and the Registrar shall be satisfied that the proper time has elapsed to entitle the creditor to execution.".

8.

Rule 25 of Order XV11 of the principal rules is amended Amendment by the addition under the marginal note thereof of the following

"Forms 38, 39 and 39B".

of Order

VII,

rule 25.

of Order

9. Order XVII of the principal rules is amended by the Amendment deletion of the heading "Execution of judgment for immovable XVII. property" to rules 27 to 29 and the substitution therefor of the following-

"Opposition to execution of judgment for immovable property".

10. Ruler of Order XXI of the principal rules is amended Amendment by the deletion of the words "in his own right or becoming poor" XXL and the substitution therefor of the following-

"or".

of Order

rule 1.

11. Rule 5 of Order XXI of the principal rules is amended Amendment

of Order by the addition at the end thereof of the following new

XII, paragraph-

rule 5.

"(a) Where a person is admitted to sue as a pauper in non-contentious proceedings, then on completion of the proceedings, where such proceedings result in property becoming available to the pauper, his counsel and solicitor shall be entitled to receive out of such property all such fees as the Registrar may allow to them on taxation, and such court fees as would in other cases be chargeable shall be charged and recovered out of such property.'

[1

12. Rule 8 of Order XX] of the principal rules is amended-

Amendment of Order

ralo $.

(a) by the deletion in paragraph (b) of the words "of XXI,

ability'' and the substitution therefor of the following— "possessed of property worth five hundred dollars in value"; and

(b) by the deletion of the words "be forthwith dispaupered"

and the substitution therefor of the following-

"forthwith cease to be entitled to proceed as a pauper".