1901_CODE_OF_CIVIL_PROCEDURE — Page 127

HK Historical Laws 香港歷史法例 All AI Reviewed

778

Service on other persons. 0.55 r. 6.

Evidence in support of application.

Ib. r. 7.

Judgment upon summons.

Ib. r. 8.

Carriage and service of judgment.

Ib. r. 9.

Right of the Court to re-

No. 3.] THE ORDINANCES OF HONGKONG: [A.D. 1901

(d.) for the determination of any question under sub-section (4) section 627, any person interested in such money; (e.) for relief under sub-section (1.) of the last preceding section the residuary legatees, or next of kin, or some of them; (f) for relief under sub-section (2.) of the last preceding section the residuary devisees, or heirs, or some of them;

(g.) for relief under sub-section (3.) of the last preceding section the cestuis que trustent, or some of them; and

(h.) if there are more than one executor or administrator or trustee and they do not all concur in taking out the summons, those who do not concur; and

(2.) where the summons is taken out by any person other than the executors or administrators or trustees, the said executors or administrators or trustees.

630. The Court may direct such other persons to be served with the summons as it may think fit.

631. The application shall be supported by such evidence as the Court may require, and such directions may be given as the Court may think proper for the trial of any questions arising thereout.

632. It shall be lawful for the Court upon such summons to pronounce such judgment as the nature of the case may require.

633. The Court may give any special directions relating to the carriage or execution of the judgment, or the service thereof on persons not parties, as it may think just.

634. It shall not be obligatory on the Court to pronounce or make a judgment or order, whether on summons or otherwise, for the administration of the estate of any deceased person or of any trust, if the questions between the parties can be properly determined without such judgment or order.

administra-tion.

Ib. r. 10.

Orders which may be made on application for administration, or execution of trusts, where no accounts or insufficient accounts have been rendered. Ib. r. 10

635. On an application for administration or execution of trusts by a creditor or beneficiary under a will, intestacy, or deed of trust where no accounts or insufficient accounts have been rendered, the Court may, in addition to any other powers vested in it,-

(1.) order that the application shall stand over for a certain time, and that the executors or administrators or trustees shall render to the applicant a proper statement of their accounts, with an intimation that, if that is not done, they may be made to pay the costs of the proceedings; or,

(2.) when necessary, to prevent proceedings by other creditors or by persons beneficially interested, make the usual judgment or order

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778 Service on other persons. 0.55 r. 6. Evidence in support of application. Ib. r. 7. Judgment upon summons. Ib. r. 8. Carriage and service of judgment. Ib. r. 9. Right of the Court to re- No. 3.] THE ORDINANCES OF HONGKONG: [A.D. 1901 (d.) for the determination of any question under sub-section (4) section 627, any person interested in such money; (e.) for relief under sub-section (1.) of the last preceding section the residuary legatees, or next of kin, or some of them; (f) for relief under sub-section (2.) of the last preceding section the residuary devisees, or heirs, or some of them; (g.) for relief under sub-section (3.) of the last preceding section the cestuis que trustent, or some of them; and (h.) if there are more than one executor or administrator or trustee and they do not all concur in taking out the summons, those who do not concur; and (2.) where the summons is taken out by any person other than the executors or administrators or trustees, the said executors or administrators or trustees. 630. The Court may direct such other persons to be served with the summons as it may think fit. 631. The application shall be supported by such evidence as the Court may require, and such directions may be given as the Court may think proper for the trial of any questions arising thereout. 632. It shall be lawful for the Court upon such summons to pronounce such judgment as the nature of the case may require. 633. The Court may give any special directions relating to the carriage or execution of the judgment, or the service thereof on persons not parties, as it may think just. 634. It shall not be obligatory on the Court to pronounce or make a judgment or order, whether on summons or otherwise, for the administration of the estate of any deceased person or of any trust, if the questions between the parties can be properly determined without such judgment or order. administra-tion. Ib. r. 10. Orders which may be made on application for administration, or execution of trusts, where no accounts or insufficient accounts have been rendered. Ib. r. 10 635. On an application for administration or execution of trusts by a creditor or beneficiary under a will, intestacy, or deed of trust where no accounts or insufficient accounts have been rendered, the Court may, in addition to any other powers vested in it,- (1.) order that the application shall stand over for a certain time, and that the executors or administrators or trustees shall render to the applicant a proper statement of their accounts, with an intimation that, if that is not done, they may be made to pay the costs of the proceedings; or, (2.) when necessary, to prevent proceedings by other creditors or by persons beneficially interested, make the usual judgment or order
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778 Service on other persons. 0.55 r. 6. Evidence in support of application. Ib. r. 7. Judgment upon sum- mons. Ib. r. 8. Carriage and service of judgment. Ib. r. 9. Right of the Court to re- No. 3.] THE ORDINANCES OF HONGKONG: [A.D. 1901 (d.) for the determination of any question under sub-section (4) section 627, any person interested in such money; (e.) for relief under sub-section (1.) of the last preceding section the residuary legatees, or next of kin, or some of them; (f) for relief under sub-section (2.) of the last preceding section the residuary devisees, or heirs, or some of them; (g.) for relief under sub-section (3.) of the last preceding section. the cestuis que trustent, or some of them; and (h.) if there are more than one executor or administrator or trusted and they do not all concur in taking out the summons, those who do not concur; and (2.) where the summons is taken out by any person other than the executors or administrators or trustees, the said executors or admin- istrators or trustees. 630. The Court may direct such other persons to be served with the summons as it may think fit. 631. The application shall be supported by such evidence as the Court may require, and such directions may be given as the Court may think proper for the trial of any questions arising thereout. 632. It shall be lawful for the Court upon such summons to such judgment as the nature of the case may require. pronounce 633. The Court may give any special directions relating to the car riage or execution of the judgment, or the service thereof on persons not parties, as it may think just. 634. It shall not be obligatory on the Court to pronounce or make a fuse to order judgment or order, whether on summons or otherwise, for the adminis tration of the estate of any deceased person or of any trust, if the ques tions between the parties can be properly determined without such judg ment or order. administra- tion. Ib. r. 10. Orders which may be made on application for adminis- tration, or execution of trusts, where no accounts or insufficient accounts have been rendered. Ib. r. 10 635. On an application for administration or execution of trusts by a oreditor or beneficiary under a will, intestacy, or deed of trust where no accounts or insufficient accounts have been rendered, the Court addition to any other powers vested in it,- may, in (1.) order that the application shall stand over for a certain time, and that the executors or administrators or trustees shall render to the applicant a proper statement of their accounts, with an intimation that, if that is not done, they may be made to pay the costs of the proceedings; or, (2.) when necessary, to prevent proceedings by other creditors or by persons beneficially interested, make the usual judgment or order
2026-05-02 20:24:23 · Baseline
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778

Service on

other persons. 0.55 r. 6.

Evidence in support of application.

Ib. r. 7.

Judgment

upon sum- mons.

Ib. r. 8.

Carriage and service of judgment.

Ib. r. 9.

Right of the Court to re-

No. 3.]

THE ORDINANCES OF HONGKONG: [A.D. 1901 (d.) for the determination of any question under sub-section (4)

section 627, any person interested in such money; (e.) for relief under sub-section (1.) of the last preceding section

the residuary legatees, or next of kin, or some of them; (f) for relief under sub-section (2.) of the last preceding section

the residuary devisees, or heirs, or some of them;

(g.) for relief under sub-section (3.) of the last preceding section.

the cestuis que trustent, or some of them; and

(h.) if there are more than one executor or administrator or trusted and they do not all concur in taking out the summons, those who do not concur; and

(2.) where the summons is taken out by any person other than the executors or administrators or trustees, the said executors or admin- istrators or trustees.

630. The Court may direct such other persons to be served with the summons as it

may think fit.

631. The application shall be supported by such evidence as the Court may require, and such directions may be given as the Court may think proper for the trial of any questions arising thereout.

632. It shall be lawful for the Court upon such summons to such judgment as the nature of the case may require.

pronounce

633. The Court may give any special directions relating to the car riage or execution of the judgment, or the service thereof on persons not parties, as it may think just.

634. It shall not be obligatory on the Court to pronounce or make a fuse to order judgment or order, whether on summons or otherwise, for the adminis tration of the estate of any deceased person or of any trust, if the ques tions between the parties can be properly determined without such judg ment or order.

administra- tion.

Ib. r. 10.

Orders which

may be made on application for adminis-

tration,

or execution of trusts, where no accounts or insufficient accounts have been rendered. Ib. r. 10

635. On an application for administration or execution of trusts by a oreditor or beneficiary under a will, intestacy, or deed of trust where no accounts or insufficient accounts have been rendered, the Court addition to any other powers vested in it,-

may, in

(1.) order that the application shall stand over for a certain time, and that the executors or administrators or trustees shall render to the applicant a proper statement of their accounts, with an intimation that, if that is not done, they may be made to pay the costs of the proceedings; or,

(2.) when necessary, to prevent proceedings by other creditors or by persons beneficially interested, make the usual judgment or order

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