Further
279. Where the Court is by this Ordinance or otherwise authorized to appoint the time for the doing of any act, or the taking of any proceedings, or to enlarge the time appointed or allowed for that purpose by this Ordinance or otherwise, the Court may further enlarge any time so appointed or enlarged by it on such terms (if any) as seem just, provided that the application for further enlargement is made before the expiration of the time already allowed, and that such further enlargement appears to the Court to be required for the purpose of justice, and not to be sought merely for delay.
In what cases.
Notice.
Notices to be sealed.
Suspending clause.
Guardian for Purpose of Suit.
280. Where on default made by a defendant in answering or otherwise defending the suit after due service of the petition, it appears to the Court that he is an infant or a person of weak or unsound mind (not so found by inquisition), so that he is unable of himself to defend the suit, the Court may, on the application of the plaintiff or of its own motion, appoint some fit person to be guardian of the defendant for the purposes of the suit, by whom he may defend the same.
281. But no such order shall be made except on notice, after expiration of the time for answering, and four days at least before the day named in the notice for the hearing of the application, or of the Court proceeding (as the case may be), on or left at the dwelling-house of the person with whom or under whose care the defendant was at the time of service of the petition, and also, in the case of an infant not residing with or under the care of his father or guardian, served on or left at the dwelling-house of such father or guardian, unless the Court thinks fit in any case to dispense with such last-mentioned service.
Seal of the Court.
282. Notices, summonses, warrants, decrees, orders and other documents issuing from the Court shall be sealed with the seal of the Court.
Suspending Clause.
283. This Ordinance shall not come into operation until Her Majesty's confirmation thereof shall have been proclaimed in the Colony by the Governor:
59
Date of the Ordinance.
No. 2 of 1855.
Schedule of Repealed Ordinances.
Title or subject matter of the OrdinanceHow far repealed An Ordinance to provide for and regulate process in action at law against persons absent from the colony (foreign attachment)The whole No. 6 of 1855. An Ordinance for the amendment of the civil administration of justiceThe whole No. 5 of 1850. An Ordinance for the amendment of procedure in civil and criminal casesSections II, V, VI, VII, and VIII. The whole of Schedule thereto, and so much of Schedule A as extends to this colony statutes 15 & 16 Vic. c. 76 & 18 Vic. c. 125 No. 7 of 1856. An Ordinance to extend to this colony certain enactments and general orders for reforming procedure in the High Court of Chancery and the offices thereofThe whole Ordinance except so much of Schedule A thereto as extends to this colony statutes 10 & 11 Vic. c. 96, 12 & 13 Vic. c. 74, 13 & 14 Vic. c. 60, 15 & 16 Vic. c. 48, 15 & 16 Vic. c. 55, 15 & 16 Vic. c. 80, 16 & 17 Vic. c. 187, 17 & 18 Vic. c. 25, (which statutes are hereby declared to be and remain in operation here), and the whole of Schedule B No. 3 of 1858. An Ordinance for the Supreme CourtSections IV, V, VI, and VIII No. 3 of 1861. An Ordinance to amend the course of procedure in the Supreme Court of Hongkong in its Equity Jurisdiction, and to enable it to award damages in certain casesThe whole No. 12 of 1864. An Ordinance to facilitate the remedies in bills of exchange and promissory notes by the prevention of frivolous or fictitious defences to actions thereonThe wholePage 60
Page 61
Further
279. Where the Court is by this Ordinance or otherwise autho- enlargement. rized to appoint the time for the doing of any aut, or the taking of any proceedings, or to enlarge the time appointed or allowed. for that purpose by this Ordinance or otherwise, the Court may further enlarge any time so appointed or enlarged by it on such terms (if any) as seem just, provided that the application for further enlargement is made before the expiration of the time already allowed, and that such further enlargement appears to the Court to be required for the purpose of justice, and not to he sought merely for delay.
In what cases.
Notice.
Notices to be scaled.
Suspending clause.
Guardian for Purpose of Suit.
280. Where on default made by a defendant in answering or otherwise defending the suit after due service of the petition, it appears to the Court that he is an infant or a person of weak or unsound mind (not so found by inquisition), so that he is un- able of himself to defond the suit, the Court may, on the applica- tion of the plaintiff or of its own motion, appoint some fit person. to be guardian of the defendant for the purposes of the suit, by whom he may defend the same.
281. But no such order shall be made except on notice, after expiration of the time for answering, and four days at least before the day named in the notice for the hearing of the applica- tion, or of the Court proceeding (as the case may be), on or left at the dwelling-house of the person with whom or under whose cure the defendant was at the time of service of the petition, and also, in the case of an infant not residing with or under the care of his father or guardian, served on or left at the dwelling- house of such father or guardian, unless the Court thinks fit in any case to dispense with such last-mentioned service.
Seal of the Court.
282. Notices, summonses, warrants, decrees, orders and other documents issuing from the Court shall be sealed with the seal of the Court.
Suspending Clause.
283. This Ordinance shall not come into operation until Her Majesty's confirmation thereof shall have been proclaimed in the Colony by the Governor:
59
Date of the Ordinance.
No. 2 of 1855.
Schedule of Repeuled Ordinances. Title or subject matter of the
Ordinance.
An Ordinance to provide for)
and regulate process in ac- tion at law against persons absent from the colony (for- eigu attachment.)
No. 6 of 1855. An Ordinance for the amend- ment of the civil administra- tion of justice.
No. 5 of 1850. An Ordinance for the amend-
ment of procedure in civil. and criminal cases.
No. 7 of 1856. An Ordinance to extend to this
colony certain ennetments and general orders for re- forming procedure in the high Court of Chancery and the offices thereof.
How for repealed.
The whole.
The whole.
Sections II, V, VI, VII, and VIII. The whole of Sche- dule thereto, and so much of Schedule A as extends to this colony statutes 15 & 16 Vie. c. 76 & 18 Vic, e. 125. The whole Ordinance except so much of Schedule A thereto as extends to this colony statutes 10 & 11 Vic. c. 96, 12 & 13 Vic. c. 74, 18 & 14 Vic. c. 60, 15 & 16 Vic, c. 48, 15 & 16 Vic. c. 55, 15 16 Vic. e. 80, 16 & 17 Vic. e. 187, 17 & 18 Vic. c. 25, (which statutes are hereby declared to be and remain in operation here), and the whole of Schedule B.
No. 3 of 1858. An Ordinance for the Supreme Sections IV, V, VI, and VIII.
Court.
No. 3 of 1861. An Ordinance to amend the'
course of procedure in the Supreme Court of Hongkong in its Equity Jurisdiction, and to enable it to award damages in certain cases.
No. 12 of 1864. An Ordinance to facilitate the remedies in bills of exchange and promissory notes by the prevention of frivolous or fictitious defences to actions thereon.
The whole.
The whole.
Page 60Page 61
No comments yet.
Private notes are available after approval.