CO129-569-12 Law Revision Ordinance 1937 24-12-1937 - 28-5-1938 — Page 30

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

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24

Schedule, contd.

AMENDMENT OR REPEAL.

60. The Code of Civil|

Procedure, 1901. (No. 3 of 1901.), -contd.

liabilities, or an inquiry for heirs, next of kin or other unascertained persons, the court may direct an advertisement or advertisements for creditors or other claimants to be issued.

655.--(1) Every advertisement for By whom creditors shall be prepared by the party prepared prosecuting the judgment or order and and signed.

0. 55, r. 45. signed by his solicitor.

(2) Every advertisement for claimants other than creditors shall be prepared by the party prosecuting the judgment or order and submitted to the Registrar for approval.

(3) Every advertisement for claimants or creditors shall be published in the Gazette.

656. Every advertisement for claimants Substance or creditors shall fix a time within which and form of each claimant or creditor shall send to advertise- such person as the court may direct, to ments. be named and described in the advertise- O. 55, r. 46. ment, the name and address of such claimant or creditor and the full parti- culars of his claim. Notice of the time appointed for adjudicating on the claims shall be inserted in the advertisement and at such appointment and at any ad- journment thereof (subject in the case of creditors to the provisions of section 664) every claimant shall attend personally or by his solicitor to support his claim. The advertisement shall con- tain a direction that 8 claimant or creditor not residing in this Colony must send with particulars of his claim the name and address of a person in this Colony to whom notices to the claimant or creditor can be sent. Any such claimant or creditor not complying with this direction shall not be entitled to receive any further notice and in the case of any claimant or creditor comply- ing therewith a notice to the name and address mentioned by him shall be equivalent to a notice sent to the claimant or creditor himself.

657. Claimants who do not send full Claimants particulars of their claims to the person not sending named and within the time fixed by the particulars advertisement shall be excluded from the of claims benefit of the judgment or order unless O. 55, r. 47.

the court upon application made by sum- mons shall otherwise order. Any such order may be made upon such terms and conditions as to costs and otherwise as the court shall think fit.

excluded.

658. Every notice by this Chapter re- Service of quired or by the court directed to be given notices on to or served upon claimants or creditors claimants. shall, unless the court shall otherwise 0. 55, r. 48.

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