1958-HKRS30-8-48_Part01 — Page 19

(GL.NL.A. 88/64).

Return of writ of attachment 0. 59, r. 27.

Abolition of interroga. tories.

0.69, r. 28.

Endorse-

ment of claim to

12

(3) This rule shall apply with the necessary modi- fications to proceedings before a service court of a country to which the Visiting Forces Act, 1952 (as extended to Hong Kong by the Visiting Forces Act (Application to Colonies) Order, 1954) applies as it applics to proceedings before a court-martial.

25. Every writ of attachment issued in a case to which rule 23 applies shall be made returnable before the Full Court. If a return of non est inventus is made, one or more writs may be issued on the return of the previous writ.

26. The defendant in proceedings for attachment shall not be put to answer interrogatories.

Action of mandamus.

27. (1) The plaintiff, in any action in which he shall claim a mandamus to command a defendant to mandamus, fulfil any duty in the fulfilment of which a plaintiff is personally interested, shall endorse such claim upon the writ of summons.

0. 63, r. 1.

Judgment. 0.53, r. 3.

Iusne of

mandamus. 0.53, r. 4.

Saving.

(2) The indorsement shall be in the form fol lowing

་-

"And for a mandamus commanding the defendant to

28. If the judgment be given for the plaintiff, the court or judge may by the judgment command the defendant either forthwith, or on the expiration of such, lime and upon such terms as may appear to the court or a judge to be just, to perform the duty in question, The court or a judge may also extend the time for the performance of the duty.

29. No writ of mandamus shall hereafter be issued in an action, but a mandamus shall be by judgment or order, which shall have the same effect as a writ of mandamus formerly had.

30. Nothing in rules 27 to 29 shall in any way prejudice or affect rules to 26,",

13

14. Order XXXI of the principal rules is amended by the Amendment addition after rule 15 of the following new rule-

"Notice to proceed.

15A. In any cause or matter in which there has 0.64, 7.13. been no proceeding for one year from the last proceed- ing taken, the party who desires to proceed shall give one month's notice to the other party of his intention to proceed; a summons on which no order has been made shall not be deemed a proceeding within this rule.".

of Order XXXI.

16. Rule 16 of Order XXXI of the principal rules is amended Amendment by the deletion in paragraph (1) of the words "in the court".

18. The Schedule to the principal rules is amended-

(a) by the deletion, in Form 2 of the word "fourteen" and

the substitution therefor of the following-

"twenty-one";

(b) by the deletion of Form 37 and the substitution therefor

of the following-

Between

"FORK 37.

[0. XVII, r. 19,]

ÍRAECIPE FOR WRIT OF EXECUTION OF JUDGMENT

POR IMMOVABLE PROPERTY.

Action No.

In the Supreme Court of Hong Kong, Original Jurisdiction.

A.B

C.D.,

of 19

Plaintiff, and Defendant.

Seal a writ of execution of judgment for immovable property directed to the Baili to deliver possession to of the land and premises in the judgment therein mentioned.

Judgment dated

day of

19

1

of Order XXXI, rule 18.

Amendment of Schedula.