756
granted. O. 67 r. 1.
Matters to be proved by applicant. Ib. r. 2. Schedule: Form No. 40.
Adverse titles of claimants. Ib. r. 3.
Making of application by defendant. Ib. c. 4.
Summons by applicant. Ib. r. 5.
Stay of action. Ib. r. 6.
Order upon summons. Ib. r. 7.
Disposal of claims in summary manner. Ib. r. 8.
Decision of question of law. Ib. r. 9.
No. 3.] THE ORDINANCES OF HONGKONG: [A.D. 1901
respect of which he is, or expects to be, sued by two or more parties (in this Chapter called the claimants) making adverse claims to; and
(2.) where the applicant is the Bailiff and claim is made to any movable property taken or intended to be taken in execution under a process, or to the proceeds or value of any such movable property by any person other than the person against whom the process issued
526. The applicant must satisfy the Court, by affidavit or otherwise (1.) that the applicant claims no interest in the subject-matter in dispute, other than for charges or costs; and
(2.) that the applicant does not collude with any of the claimants; and (3.) that the applicant, except where he is the Bailiff and has seized movable property and has withdrawn from possession in consequence of the execution creditor admitting the claim of the claimant, is willing to pay or transfer the subject-matter into Court or to dispose of it as the Court may direct.
527. The applicant shall not be disentitled to relief by reason only that the titles of the claimants have not a common origin, but are adverse to and independent of one another.
528. Where the applicant is a defendant, application for relief may be made at any time after service of the writ of summons.
529. The applicant may take out a summons calling on the claimants to appear and state the nature and particulars of their claims, and either to maintain or relinquish them.
530. If the application is made by the defendant in an action, the Court may stay all further proceedings in the action.
531. If the claimants appear in pursuance of the summons, the Court may order either that any claimant be made a defendant in any action already commenced in respect of the subject-matter in dispute in lieu of or in addition to the applicant or that an issue between the claimants be stated and tried, and in the latter case may direct which of the claimants is to be plaintiff and which defendant.
532. The Court may, with the consent of both claimants or on the request of any claimant, if, having regard to the value of the subject-matter in dispute, it seems desirable to do so, dispose of the merits of their claims and decide the same in a summary manner and on such terms as may be just.
533. Where the question raised by the claims is a question of law and the facts are not in dispute, the Court may either decide the question
Page 105
Page 106
756
granted. 0. 67 r. 1.
Matters to be proved by applicant. Ib. r. 2. Schedule:
Form No. 40.
Adverse titles of claimants. Ib. r. 3.
Making of application by defendant.
Ib. c. 4.
Summons by applicant. Ib. r. 5.
Stay of ac- tion.
Ib. r.
6.
Order upon
summons. Ib. r. 7.
Disposal of claims in
summary
manner.
Ib. r. 8.
Decision of question of
No. 3.] THE ORDINANCES OF HONGKONG: [A.D. 1901
respect of which he is, or expects to be, sued by two or more parti (in this Chapter called the claimants) making adverse claims to; and
(2.) where the applicant is the Bailiff and claim is made to any mor able property taken or intended to be taken in execution under an process, or to the proceeds or value of any such movable property by any person other than the person against whom the process issued 526. The applicant must satisfy the Court, by affidavit or otherwise (1.) that the applicant claims no interest in the subject-matter in die
pute, other than for charges or costs; and
(2.) that the applicant does not collude with any of the claimants; and (3.) that the applicant, except where he is the Bailiff and has seized movable property and has withdrawn from possession in consequence of the execution creditor admitting the claim of the claimant willing to pay or transfer the subject-matter into Court or to dis pose of it as the Court may direct.
527. The applicant shall not be disentitled to relief by reason onl that the titles of the claimants have not a common origin, but are adverse to and independent of one another.
528. Where the applicant is a defendant, application for relief may be made at any time after service of the writ of summons.
529. The applicant may take out a summons calling on the claimanta to appear and state the nature and particulars of their claims, and either to maintain or relinquish them.
530. If the application is made by the defendant in an action, the Court may stay all further proceedings in the action.
531. If the claimants appear in pursuance of the summons, the Court may order either that any claimant be made a defendant in any action already commenced in respect of the subject-matter in dispute in lieu of or in addition to the applicant or that an issue between the claimants be stated and tried, and in the latter case may direct which of the claimanta is to be plaintiff and which defendant.
532. The Court may, with the consent of both claimants or on the request of any claimant, if, having regard to the value of the subject matter in dispute, it seems desirable to do so, dispose of the merits of their claims and decide the same in a summary manner and on such terms as may be just.
533. Where the question raised by the claims is a question of law and the facts are not in dispute, the Court may either decide the question
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