Directory_and_Chronicle_1908 — Page 422

Directories & Chronicles 香港指南 All

IN CHINA AND COREA

time: namely, Sundays, Good Friday, Monday and Tuesday in Easter week, Christmas Day, and the day before and the day next after Christmas Day.

on Sunday or

270. Where the time for the doing of any act or the taking of any Time expiring proceeding expires on one of the days last mentioned, the act or proceeding holy day. shall be considered as done or taken in due time if done or taken on the next day afterwards, that is, not one of the last-mentioned days.

security for

849

271. The day on which an order that a plaintiff do give security Time in case of for costs is served, and the time thenceforward until and including costs. the day on which such security is given, shall not be reckoned in the computation of the time allowed to a defendant for putting in his answer.

Supplemental Statement

cumstances

suit.

272. Facts or circumstances occurring after the institution of a suit, Facts or ci- may, by leave of the Court, be introduced by way of amendment into the occurring after petition or answer (as the case may require) at any stage of the proceedings, and the Court may make such order as seems just respecting the proof of such facts or circumstances or for affording all parties concerned leave and opportunity to meet the statements so introduced.

Death of Party or other Change

transmission

liability.

273. Where, pending a suit, any change or transmission of interest Change or or liability occurs in relation to any party to the suit, or any party to the of interest or suit dies or (being a woman) marries, or the suit is in any other way rendered defective or incapable of being carried on, any person interested may, on motion ex parte, obtain from the Court such order as is requisite for curing the defect, or enabling or compelling proper parties to carry on the proceedi gs.

But it shall be open to any person served with such an order within such time, not exceeding fourteen days, as the Court in the order directs, to apply to the Court by motion to discharge such order.

Adjournment

274. Nothing in these Rules shall affect the power of the Court (for Power of Conri, reasons to be recorded in the minutes of proceedings) to defer or adjourn

the bearing or determination of any suit, matter, proceeding, or applica

tion, for such time and on such terms (if any) as justice requires.

Amendment

275. Nothing in these Rules shall affect the power of the Court (for Power of Court. reasons to be recorded in the minutes of proceedings) to order or allow any amendment of any petition, answer, notice, or other document whatever, at any time, on such terms (if any) as justice requires.

Power of Court as to Time

276. Nothing in these Rules shall affect the power of the Court (for Enlargement or reasons to be recorded in the minutes of proceedings) to enlarge or abridge abridgement, the time appointed or allowed for the doing of any act or the taking of any proceeding on such terms (if any) as justice requires.

277. Where the Court is by these Rules or otherwise authorized to Further enlarg- appoint the time for the doing of any act or the taking of any proceeding, ment. -or to enlarge the time appointed or allowed for that purpose by these Rules or otherwise, the Court may further enlarge any time so appointed or enlarged by it on such terms (if any) as seem just, provided that the application for further enlargement is made before the expiration of the time already allowed, and that such further enlargement appears to the Court (for reasons to be recorded in the minutes of proceedings) to be re- quired for the purposes of justice, and not to be sought merely for delay.

Guardian for Purposes of Suit

278. Where on default made by a defendant in answering or otherwise In what cases. defending the suit after due service of the petition, it appears to the Court that he is an infant or person of weak or unsound mind (not so found by Inquisition) so that he is unable of himself to defend the suit, the Court

Digitized by Google

Comments

Approved members can add comments, bookmarks, and private notes.

No comments yet.

Private Research Note

Private notes are available after approval.