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THE HONGKONG GOVERNMENT GAZETTE, 10TH JUNË, 1865.
LV.
Where two or more Persons are made Defendants, and some of them have not been served, the Name or Names of the Defendant or Defendants who have not been served may, at the instance of either party, be struck out by order of the Judge, on such terms as he shall think fit; and thereupon the cause shall proceed as to Set-off and other Matters, as if the party or parties whose name or names have not been struck out, had alone been made Defendant or Defendants.
Costs.
LVI.
Monies paid on a Judgment shall be appropriated first in satisfaction of the Costs, and after- wards in satisfaction of the original demand.
LVII.
Costs of Warrants against the Goods whether executed or unexecuted or unproductive shall be allowed against the Defendant unless the Judge shall otherwise direct.
LVIII.
No possession fee shall be payable where an Execution is paid out at the time of the levy; but if the Officer shall necessarily remain in possession more than half-an-hour, and the Execution shall be paid out on the day of levy, the possession fee for that day shall be charged.
Orders.
LIX.
Orders for payment of money, or costs, or both, and orders of adjournment, when directed to be served, shall in all cases be prepared by the Clerk and delivered to the Bailiff who shall cause them to be delivered to the parties on whom they are respectively directed to be served: Provided always that it shall not be necessary for the party in whose favor any order has been made to prove previously to his taking proceedings thereon that it was sent or reached the opposite party.
LX.
Where the Court gives leave to take any proceeding it shall not be necessary to draw up any Order, nor shall any Order be drawn up to warrant such proceeding.
Warrants of Execution against the Goods. LXI.
Warrants of Execution against the Goods shall bear date on the day on which they are issued.
LXII.
The precise time when any application shall be made to the Clerk to issue a warrant against the Goods of a Party shall be entered by him in his book and on the warrant, and when more than one such warrant shall be delivered to the Bailiff to be executed he shall execute them in the order of the times so entered.
LXIII.
The Clerk of the Court shall, on issuing a warrant of exccution against the goods, indorse on such warrant the amount to be levied, distinguishing the amount adjudged to be paid and the amount of the fee for issuing the warrant.
Interpleader. LXIV.
Where any claim is made to or in respect of any goods or chattels taken in execution or in respect of the proceeds or value thereof by any landlord for rent, or by any person not being the party against whom such process has issued, and Summonses have been issued on the application of the Bailiff such Summonses shall be served in such time and mode as hereinbefore directed for a Summons to appear to a plaint, and the case shall proceed as if the claimant were the Plaintiff and the Execution creditor the Defendant, and the claimant shall as soon as possible after the receipt of the Summons deliver to the Bailiff, or leave at the Office of the Clerk of the Court a particular of any goods or chattels alleged to be the property of the claimant, and the grounds of his claim or in case of a claim for rent of the amount thereof, and for what period and in respect of what premises the same is claimed to be due, and the name, address and description of the claimant shall be fully set forth in such particular, and any money paid into Court under the execution shall be retained by the Clerk until the claim shall have been adjudicated upon; provided that by consent an interpleader claim may be tried although this Rule has not been complied with.
LXV.
Interpleader Summonses shall be issued by the Clerk of the Court on the application of the Bailif! without leave of the Court.
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