639793-1896-Ordinances-Nos-12-13-14-and-15-of-1896-assented-to- — Page 10

Government Gazette 政府憲報 轅門報 All

,

THE HONGKONG GOVERNMENT GAZETTE, 8TH AUGUST, 1896.

105. Within one week from the completion of the taxation,

■pplication may be made to the Court to review the taxation.

106. Costs may be taxed either by the Court or by the registrar, and as well between solicitor and client, as between party and party,

107. If in a taxation between solicitor and client more than one sixth of the bill is struck off, the solicitor shall pay all the costs attending the taxation.

APPRAISEMENT AND SALE, &C.

108. The Court may, either before or after final judg- ment, order any property under the arrest of the Court to be appraised, or to be sold with or without appraisement, and either by public auction or by private contract.

109. If the property is deteriorating in value, the Court may order it to be sold forthwith.

110. If the property to be sold is of small value, the Court may, in its discretion, order it to be sold without a commission of sale being issued.

111. The Court may, either before or after final judgment, order any property under arrest of the Court to be removed or any cargo under arrest on board ship to be discharged.

112. The appraisement, sale, and removal of property, the discharge of cargo, and the demolition and sale of a vessel condemned under any Slave Trade Act, shall be effected under the authority of a commission addressed to the bailiff. Forms of commissions of appraisement, sale, appraisement and sale, removal, discharge of cargo, and demolition and sale, will be found in the Appendix hereto, Nos. 27 to 82.

113. The commission shall, as soon as possible after its execution, be filed by the bailiff, with a return setting forth the manner in which it has been executed.

114. As soon as possible after the execution of a com- mission of sale, the bailiff shall pay into Court the gross proceeds of the sale, and shall with the commission file his accounts and vouchers in support thereof.

115. The registrar shall tax the ball's account, and shall report the amount at which he considers it should be allowed; and any party who is interested in the proceeds may be heard before the registrar on the taxation.

116. Application may be made to the Court on metion to review the registrar's taxation.

117. The Court may, in its discretion, order any property under the arrest of the Court to be inspected. A form of order for inspection will be found in the Appendix hereto, No. 33.

DISCONTINUANCE.

118. The plaintiff may, at any time, discontinue his action by filing a notice to that effect, and the defendant shall thereupon be entitled to have judgment entered for his costs of action on filing a notice to cuter the same. The discontinuance of an action by the plaintiff shall not prejudice any action consolidated therewith or any counter- claim previously set up by the defendant. Forms of notice of discontinuance and of notice to enter judgment for costs will be found in the Appendix hereto, Nos. 34 and 35.

CONSENTE.

119. Any consent in writing signed by the parties may, by permission of the registrar, be filed, and shall thereupon become an order of Court.

APPEALS TO THE FULL Court.

120. All appeals to the Full Court shall be brought by notice of motion in a summary way. The notice of motion shall state whether the whole or part only of the judg ment or order appealed from is complained of, and in the latter case shall specify such part.

769

Comments

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

No comments yet.

Private Research Note

Private notes are available after approval.