Directory_and_Chronicle_1869 — Page 536

282

SUMMARY JURISDICTION COURT-HONGKONG.

Interpleader.

LXIV.-Where any claim is made to or in respect of any goods or chattels taken in execution, or in respect of the proceeds or value thereof by any landlord for rent, or by any person not being the party against whom such process has issued, and sum- monses have been issued on the application of the bailiff, such summonses shall be served in such time and mode as hereinbefore directed for a summons to appeal to plaint, and the case shall proceed as if the claimant were the plaintiff and the execu- tion creditor the defendant, and the claimant shall as soon as possible after the receipt of the summons deliver to the bailiff, or leave at the office of the clerk of the court, a particular of any goods or chattels alleged to be the property of the claimant, and the grounds of his claim, or in case of a claim for rent of the amount thereof, and for what period and in respect of what premises the same is claimed to be due, and the name, address, and description of the claimant shall be fully set forth in such particular, and any money paid into court under the execution shall be retained by the clerk until the claim shall have been adjudictated upon; provided that by consent an interpleader claim may be tried although this rule has not been complied with.

LXV.-Interpleader summonses shall be issued by the clerk of the court on the application of the bailiff without leave of the Court.

LXVI.-The forms applicable to the provisions of the two last rules are contained in Schedules 10 to 14 inclusive, and shall be used with such variations as the circum- stances of each case may require.

Security.

LXVII. In all cases where a party proposes to give a bond by way of security, he shall serve on the opposite party and the clerk of the court at his office, notice of the proposed sureties in the form set forth in Schedule 15, and the clerk shall forth- with give notice to both parties of the day and hour on which he proposes that the bond shall be executed, and shall state in the notice to the obligee that should he have any valid objection to make to the sureties, or either of them, that it must then be made. LXVIII.-The sureties shall make an affidavit of their sufficiency before the clerk of the court in the form in Schedule 16, unless the opposite party shall dispense with such affidavit.

LXIX.—The bond shall be executed in the presence of the clerk of the court but it shall not be necessary for it to be attested.

LXX.-Where a party makes a deposit in lieu of giving a bond, he shall forthwith give notice to the opposite party by post or otherwise of such deposit having been made. LXXI. In all cases where the security is by bond, the bond shall be deposited with the clerk of the court until the case be finally disposed of.

Cartoon

Appeal.

LXXII. The party dissatisfied with the judgment of the court may prosecute his appeal against such judgment, provided that such party shall within ten days after the pronuncing thereof :-

(1.) Obtain the consent of the judge to such appeal, (2.) Give notice thereof to the opposite party, and

( 3. ) Give security to be approved by the clerk of the court for the costs of the appeal, whatever be the event of the appeal, and for the amount of thejudgment, if he be the defendant, and the appeal be dismissed. LXXIII. The ten days referred to in the last rule shall be reckoned exclusive of the day on which judgment was pronounced.

LXXIV. The consent of the judge to an appeal will not, in any case, be given, unless the unsuccessful party be dissatisfied with the decision of the court in point of law or upon the admission or rejection of evidence.

LXXV. The appealing party upon obtaining the consent of the judge shall give notice thereof to the successful party and to the clerk of the court.

LXXVI.—If execution shall have issued before an appealing party shall have ful- filled the conditions of rule LXXII, the clerk of the court shall, if the conditions are subsequently complied with, give notice thereof to the bailiff, and proceedings on such execution shall forthwith be stayed.