237392-1937-Ordinances-passed-and-assented-to--Sterling-Salaries-Conversion-No-24-of-1937 — Page 34

THE HONG KONG GOVERNMENT GAZETTE, DECEMBER 24, 1937.

Schedule, contd.

SHORT TITLE.

AMENDMENT OR REPEAL.

60. The Code of Civil

Procedure, 1901. (No. 3 of 1901.),

-contă.

a claimant to pay the costs of any party

or parties incurred in opposing any claim any part of a claim which the claimant has failed to establish.

or

666. A list of creditors' claims allowed List of shall, when required by the court, be claims made out and left with the Registrar by such party as the court may direct. 0.55, r. 56.

allowed.

667. In the case of claimants other Affidavit

than creditors such party as the court verifying may direct shall, at least seven clear claims. days before the time appointed for ad- 9.55, r. 58. judication or within such time as the court may direct, file an affidavit to be made by the executors or administrators of the deceased or by the trustees and in each case by the person to whom claims are required by the advertisement to be sent (or by such persons as the court may direct) verifying lists of the claims, the particulars of which have come to the knowledge of the executors, administrators or trustees or any of them or which have been sent in pursuant to the advertise- ment.

668. At the time appointed for ad- Adjudication judicating upon the claims of claimants on claims. other than creditors the times for filing C. 55, r. 59. evidence in support of and in opposition

to the claims may be fixed, and in that case the proceedings shall be adjourned until the evidence is completed.

their claims

669. Where a claimant other than a Claimants creditor has established his claim he shall, who have if not already a party, and unless the established court shall otherwise direct, be served to be served with notice of the judgment or order pur- with notice suant to section 81 (1), and when he has of judgment. been so served and has entered an appear- 0. 55, r. 60. ance he shall, unless the court shall otherwise direct, be entitled as part of his costs of action (if allowed) to costs properly incurred in proving his claim previously to his having entered appearance.

an

(s. 670, rep.-Law Revision Ordinance, 1937.)"

(7) The Schedule is amended :-

(i) by the insertion in Form No. 1 of the words "(or defendants)" after the

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word ** defendant and the words (or appearances) after the word appear- ance in the Memorandum to be sub- scribed on the writ;

(ii) by the repeal in the eighth line of Form No. 8f. thereof of the words to- gether with the verification of a notary public".

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