CO129-595-5 Validity of registration of land during Japanese occupation 1-1-1945 - 31-12-1946 — Page 24

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

24

5.

(b)

if no defendant to such proceedings

has entered on appearance therein, or

(c) if the Court is of the opinion that

the action may more conveniently or exp-

editiously be tried in its Summary Juris-

diction,

at any stage of the proceedings order that

the entry of such action, in the Original

Jurisdiction Register be transferred to the

Register of Civil Actions, Summary Jurisdic-

tion, and thereupon the Supreme Court in its

Summary Jurisdiction shall have and may

exercise the like jurisdiction both at law

and in equity in relation to the said dis-

pute or difference as might have been

exercised by the Court in its Original Jur-

isdiction.

(2) If after the institution of any proceed-

ings the Court shall be satisfied that the

whereabouts of any defendant cannot be traced

or in the event of the death of any defend-

ant, that his executor or administrator is

unknown or that the whereabouts of such exec-

utor or administrator cannot be traced, then

the Court may upon Summary petition, upon

such evidence and upon such notice as the

Court may require, make any order in relation

to the matter which the justice of the case

requires, including an order that the

Registrar should execute any deed which such

defendant or his executor or administrator

(if any) would be required to execute under

this Ordinance.

(3) Every judgment of the Court in an action

relating to any such dispute br difference

shall be reduced into writing and shall forth

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