CO129-271 - Governor Sir Robinson - 1896 [1-4] — Page 108

CO129 Colonial Office Hong Kong Records 理藩院香港檔案 All

130. An appellant desiring to prosecute his appeal is to cause the registrar to be served with an inhibition and citation, and a monition for process, or is to take such other steps as may be required by the practice of Her Majesty's Court of Appeal.

131. On service of the inhibition and citation all pro- ceedings in the action will be stayed.

132. On service of the monition for process, the registrar shall forthwith prepare the process at the expeuse of the party ordering the same.

133. The process, which shall consist of a copy of all the proceedings in the action, shall be signed by the registrar and scaled with the seal of the Court, and shall be transmitted by the registrar to the registrar of the Appellate Court.

PAYMENTS INTO COURT.

134. All payments into Court shall be made in accord- ance with and subject to the provisions of any Ordinanco or Rule of Court for the time being in force with respect

to payments into the Supreme Court.

135. A receipt for the amount shall be filed, and there- upon the payment into Court shall be deemed to be complete. PAYMENTS OUT OF COURt.

136. No money shall be paid out of Court except upon an order signed by a judge. A form of order for payment out of Court will be found in the Appendix hereto, No. 37; subject as aforesaid all payments out of Court shall be made in accordance with and subject to the provisions of auy Ordinance or Rule of Court for the time being in force with reference to payments out of the Supreme Court.

CAVEATS.

137. Any person desiring to prevent the arrest of any property may file a notice undertaking, within three days after being required to do so, to give bail to any action or counterclaim that may have been, or may be, brought against the property, and thereupon the registrar shall enter a caveat in the caveat warrant book hereinafter mentioned. Forms of notice and of caveat warrant will be found in the Appendix hereto, Nos. 38 and 39.

138. Any person desiring to prevent the release of any property under arrest shall file a notice, and thereupon the registrar shall enter a caveat in the eaveat release book hereinafter mentioned. Forms of notice and of caveat release will be found in the Appendix hereto, Nos. 40 and

41.

139. Any person desiring to prevent the payment of money out of Court shall file a notice, and thereupon the registrar shall enter a caveat in the caveat payment book hereinafter mentioned. Forms of notice and of careat payment will be found in the Appendix hereto, Nos. 42 and 43.

140. If the person entering a caveat is not a party to the action, the notice shall state his name and address, and an address within three miles of the registry at which it shall be sufficient to leave all documents required to be served upon him.

141. The entry of a caveat warrant shall not prevent the issue of a warrant, but a party at whose instance a warrant shall be issued for the arrest of any property in respect of which there is a caveat warrant outstanding, shall bo condemned in all costs and damages occasioned thereby, unless he shall show to the satisfaction of the Court good and sufficient reason to the contrary,

142. The party, at whose instauce a caveat release or caveat payment is entered, shall be condemned in all costs and damages occasioned thereby, unless he shall show, to the satisfaction of the Court, good and sufficient reason to the contrary,

143. A caveat shall not remain in force for more than six months from the date of entering the same.

144. A caveat may at any time be withdrawn by the person at whose instance it has been entered, on his filing à notice withdrawing it. A form of notice of withdrawal will be found in the Appendix hereto, No. 44.

The Court may over-rule any caveat.

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