20244-1911-Ordinances-passed-and-assented-to--Crown-Lands-Resumption-Amendment-No-28-of-1911 — Page 42

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THE HONGKONG GOVERNMENT GAZETTE, AUGUST 25, 1911.

b. Ammends

sections 478. 179, and 180.

1h. Repeals section 565.

b. Amends

section 570.

b. Amends

(r.) in sub-section (3) thereof by the deletion of the

words “Ou the application being made", and by the substitution therefor of the words **On the application being received, the Registrar shall forthwith bring it to the notice of the Court and ":

{ d.) in sub-section"(3) thereof by the deletion of the words "appear on the hearing of and the substitution therefor of the words "signify his intention of appearing and opposing ";

(e) by the addition at the end of sub-section (3)

thereof of the following proviso :

"Provided always that the judgment creditor shall not be allowed to appear and oppose the application unless within the period fixed as aforesaid he shall have signified in writing to the Registrar his intention of so appearing and opposing the applica- tion":

in sub-section (4) thereof by the deletion of the words "it shall make an order to that effect ' and the substitution therefor of the words "or if the judgment creditor shall not have signified his intention as aforesaid, it shall order the release of the judgment debtor".

19.--(1.) In section 478 the words "with the consent ja writing of the Governor,“ shall be deleted.

(2.) In section 179, after the word "service" there shall be inserted the words “of a sealed copy".

(3.) Sub-section (1) of section 480 shall be amended by the insertion after the word “Governor" of the words "whose consent shall be necessary to the continuance of the action. Such consent may be withheld upon such grounds as would justify the Attorney General of England in refusing his fiat.”

20. Sections 565 is repealed.

21. Section 570 shall be renumbered as section 570 (1) and a new sub-section shall be added as follows:-

(2.) The surety or sureties for the

of appearance the defendant or either or any of them may at any time apply to a Judge to be discharged from his or their obligation.

On such application being made the Judge shall summon the defendant to appear; or, if necessary, he may issue a warrant for his arrest in the first instance,

*On the appearance of the defendant pur- suant to the summons or warrant, or on his voluntary surrender, the Court shall direet the surety or sureties making application under this section to be discharged from his or their obligation, and shall call upon the defendant to find fresh security, whereupon the provisions of section 569 (2) shall agaiu apply,"

22. In section 395, sub-section (2) is repealed, and the

section 595. figure “(1)”.

1. Repeats

Chapter

XXIX.

1. Renum-

23. Chapter XXIX (section 623) is repealed.

24. Chapters XXX and XXXI shall be re-numbered

bers Chapters XXIX and XXX respectively.

XXX and

XXXI,

Ib. Adds a

proviso to section 624.

Ib. Amends section 027.

• Th. Repeals

sction 693.

25. In section 624, the following is added:—

26.

66

Provided that he shall not be allowed his costs in respect of counsel's fees, unless the Judge certifies that the case is fit for counsel."

section 627, in paragraph (7) the words "the determination of" shall be deleted.

27." Section 693 is repealed.