790
No. 3.]
Proceedings for limiting shipowner's responsibility.
57 & 58 Vict. c. 60.
THE ORDINANCES OF HONGKONG: [A.D. 1901
the Court to authorize or direct the same respectively to be so increased or lessened accordingly.
Summary Application in Certain Case.
694. All proceedings in cases within the operation of section 504 of the Merchant Shipping Act, 1894, of the Imperial Parliament, and of any enactments passed or to be passed for amending the same, shall be by summary application to the Court and by way of motion supported by affidavit; and the Court shall, if it thinks fit, by rule or order, give such relief as by the said section any such competent Court as is mentioned in the Act has power to give.
Ord. No. 5 of 1856 s. 5.
Irregularity in Proceedings.
Effect of non-compliance with the Code, etc.
O. 70 r. 1.
Time for applying to set aside proceeding for irregularity. Ib. r. 2.
Statement of grounds of application. Ib. r. 3.
Costs on dismissal of summons to set aside proceeding. Ib. r. 4.
Power to enlarge or abridge time for doing act or taking proceeding. H. K. Code, s. 92.
695. Non-compliance with any of the provisions of this Code, or with any rule of practice for the time being in force, shall not render any proceeding void unless the Court so directs, but such proceeding may be set aside either wholly or in part as irregular, or amended, or otherwise dealt with in such manner and on such terms as the Court may think fit.
696. No application to set aside any proceeding for irregularity shall be allowed unless made within a reasonable time, nor if the party applying has taken any fresh step after knowledge of the irregularity.
697. Where an application is made to set aside any proceeding for irregularity, the several objections to be insisted upon shall be stated in the summons or notice of motion.
698. When a summons is taken out to set aside any process or proceeding for irregularity with costs, and the summons is dismissed generally without any special direction as to costs, it is to be understood as dismissed with costs.
Provisions relating to Time.
699.-(1.) Nothing in this Code shall affect the power of the Court to enlarge or abridge the time appointed or allowed for the doing of any act or the taking of any proceeding on such terms as justice may require.
(2.) Where the Court is by this Code or otherwise authorized to appoint the time for the doing of any act or the taking of any proceeding, or to enlarge the time appointed or allowed for that purpose by this Code or otherwise, the Court may further enlarge any time so appointed or allowed.
790
No. 3.]
Proceedings for limiting shipowner's responsibility.
57 & 58 Vict. o. 60.
THE ORDINANCES OF HONGKONG: [A.D. 1901 the Court to authorize or direct the same respectively to be so increased or lessened accordingly.
Summary Application in Certain Case.
694. All proceedings in cases within the operation of section 504 of the Merchant Shipping Act, 1894, of the Imperial Parliament, and of any enactments passed or to be passed for amending the same, shall be by summary application to the Court and by way of motion supported Ord. No. 5 of by affidavit; and the Court shall, if it thinks fit, by rule or order, give
such relief as by the said section any such competent Court as is men tioned in the Act has power to give.
1856 s. 5.
Irregularity in Proceedings.
Effect of non-
compliance with the Code, etc.
0.70 r.
1.
Time for ap- plying to set
aside pro- ceeding for irregularity. Ib. r. 2. Statement of grounds of application. Ib. r. 3.
Costs on dismissal of summons to set aside
proceeding.
To, r. 4.
Powert o enlarge or abridge time for doing act or taking proceeding. H. K, Code, 9. 92.
•
695. Non-compliance with any of the provisions of this Code, or with any rule of practice for the time being in force, shall not render any proceeding void unless the Court so directs, but such proceeding may be set aside either wholly or in part as irregular, or amended, or other wise dealt with in such manner and on such terms as the Court may think fit.
696. No application to set aside any proceeding for irregularity shall be allowed unless made within a reasonable time, nor if the party ap plying has taken any fresh step after knowledge of the irregularity.
697. Where an application is made to set aside any proceeding for irregularity, the several objections to be insisted upon shall be stated the summons or notice of motion.
698. When a summons is taken out to set aside any process or pro ceeding for irregularity with costs, and the summons is dismissed generally without any special direction as to costs, it is to be understood as dismissed with costs,
Provisions relating to Time.
699.-(1.) Nothing in this Code shall affect the power of the Court to enlarge or abridge the time appointed or allowed for the doing of any act or the taking of any proceeding on such terms as justice may require.
(2.) Where the Court is by this Code or otherwise authorized to appoint the time for the doing of any act or the taking of any proceed ing, or to enlarge the time appointed or allowed for that purpose by this Code or otherwise, the Court may further enlarge any time 80
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