Directory_and_Chronicle_1908 — Page 370

Directories & Chronicles 香港指南 All

H.B.M, SUBJECTS IN CHINA AND COREA

registration, and of the last renewal, and that the bill is still a subsisting security, is brought in to the proper office of the Court or the Consulate of original registration, and is left there.

144. If the registration of a bill of sale is not so renewed in any Failure to period of five years, then on and from the expiration of that period the bill renew. is deemed to be unregistered.

145. The provisions of this Order relating to renewal apply to bills of sale registered under the Orders in Council repealed by this Order.

146. A transfer or assignment of a registered bill of sale need not be registered; and renewal of registration is not necessary by reason only of such a transfer or assignment.

Application

297

to subsisting bills.

Transfer of

Lills.

time on Sunday.

147. Where the time for registration or renewal of registration of a Expiration of bill of sale expires on a Sunday, or other day on which the office for registration is closed, the registration or renewal is valid if made on the first subsequent day on which the office is open.

register may be rectified.

148. If in any case the Court is satisfied that failure to register or Failure to to renew the registration of a bill of sale in due time, or any omission or mis-statement connected with registration or renewal, was accidental or inadvertent, the Court may, if it thinks fit, order the failure, omission, or mis-statement to be rectified in such manner and on such terms, if any, respecting security, notice by advertisement or otherwise, or any other matter, as the Court thinks fit.

149. The provisions of this Order apply to a bill of sale executed before the commencement of this Order.

150. The power conferred on the Judge of the Supreme Court by this Order of framing Rules from time to time, extends to the framing of Rules for prescribing and regulating the making and keeping of indexes, and of a general index, to the registers of bills of sale and searches in those indexes, and other particulars connected with the making, keeping, and using of those registers and indexes, and for authorizing and regulating the unregistering of any bill of sale, or the registering of any release or satisfaction in repect thereof.

VII.-FOREIGN SUBJECTS AND TRIbunals.

151.-(1) Where a foreigner desires to institute or take in the Court an action against a British subject, or a British subject desires to institute or take in the Court an action against a foreigner, the Court shall entertain the same, and shall hear and determine it, according to the ordinary course of the Court.

(2) Provided that the foreigner, if so required by the Court, first obtains and files in the Court the consent in writing of the competent authority on behalf of his own nation to his submitting, and does submit, to the jurisdiction of the Court, and, if required by the Court, give security to the satisfaction of the Court, and to such reasonable amount as the Court thinks fit, by deposit or otherwise, to pay fees, damages, costs, and expenses, and abide by and perform such decision as shall be given by the Court or on appeal.

(3) A cross-action or counter-claim shall not be brought in the Court against a plaintiff, being a foreigner.

(4) Where a foreigner obtains in the Court an order against a defendant being a British subject, and in another suit that defendant is plaintiff and the foreigner is defendant, the Court may, if it thinks fit, on the application of the British subject, stay the enforcement of the order pending that other suit, and may set off any amount ordered to be paid by one party in one suit aganist any amount ordered to be paid by the other party in the other suit.

Digitized by Google

Bills executed

before this Order comes

into force. Rules for register of

indexes to

bills.

Actions by foreigners.

and against

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