AD. 1901.]
CODE OF CIVIL PROCEDURE.
[No. 3.
667
lunatic, etc.
O. 16 r. 17.
68. Where a lunatic or person of unsound mind, not so found by inquisition, might formerly have sued as plaintiff or would have been liable to be sued as defendant in any suit, he may sue as plaintiff or defend an action by his committee or next friend, and may be sued by his committee or guardian appointed for that purpose.
of ad litem for infant or person of unsound mind in default in appearance to action.
H. K. Code,
69.-(1.) Where default is made by a defendant in entering an appearance to an action, after due service of the writ of summons, and it appears to the Court that he is an infant or a person of unsound mind, not so found by inquisition, so that he is unable of himself to defend the action, the Court may, on the application of the plaintiff or of its own motion, appoint some fit person to be guardian of the defendant for the purpose of the action, by whom he may defend the same.
(2.) No such order shall be made except on notice, after expiration of the time for appearance and four days at least before the day named in the notice for the hearing of the application; and such notice shall be left at the dwelling house of the person with whom or under whose care the defendant was at the time of service of the writ of summons, and shall also, in the case of an infant not residing with or under the care of his father or guardian, be served on or left at the dwelling house of his father or guardian, unless the Court thinks fit to dispense with such last-mentioned service.
70.-(1.) An infant shall not enter an appearance except by his guardian ad litem.
(2.) No order for the appointment of such guardian shall be necessary, but the solicitor applying to enter such appearance shall make and file an affidavit for that purpose.
Appearance by infant. O. 16 r. 18.
Schedule: Form No. 10.
71.-(1.) Every infant served with a petition or notice of motion, or summons in a matter, shall appear on the hearing thereof by a guardian ad litem in all cases in which the appointment of a special guardian is not provided for.
(2.) No order for the appointment of such guardian shall be necessary, but the solicitor by whom he appears shall previously make and file an affidavit as mentioned in the last preceding section.
72. Before the name of any person shall be used in any action as next friend of any infant or other party or as relator, such person shall sign a written authority to the solicitor for that purpose, and the authority shall be filed in the Registry.
Filing of authority by next friend or relator.
Ib. r. 20.
73. In any cause or matter to which any infant or person of unsound mind, whether so found by inquisition or not, or person under any other disability, is a party, any consent as to the mode of taking evidence or procedure.
Ib. r. 21,
AD. 1901.]
COD
CODE OF CIVIL PROCEDURE.
[No. 3.
667
lunatic, etc.
0. 16 r. 17.
68. Where a lunatic or person of unsound mind, not so found by Action by inquisition, might formerly have sued as plaintiff or would have been or against Hable to be sued as defendant in any suit, he may sue as plaintiff in any
may defend aotion by his committee or next friend, and
action by any his committee or guardian appointed for that purpose.
purpose
+
of
ad litem for
infant or
person of unsound
default in appearance to action.
H. K. Code,
69.-(1.) Where default is made by a defendant in entering an Appointment appearance to an action, after due service of the writ of summons, and a guardian it appears to the Court that he is an infant or a person of unsound mind, not so found by inquisition, so that he is unable of himself to defend the action, the Court may, on the application of the plaintiff or of its own mind, after motion, appoint some fit person to be guardian of the defendant for the
of the action, by whom he may defend the same. (2.) No such order shall be made except on notice, after expiration of s. 15. the time for appearance and four days at least before the day named in the notice for the hearing of the application; and such notice shall be left at the dwelling house of the person with whom or under whose care the defendant was at the time of service of the writ of summons, and shall also, in the case of an infant not residing with or under the care of his father or guardian, be served on or left at the dwelling house of his father or guardian, unless the Court thinks fit to dispense with such last-mentioned service.
70.-(1.) An infant shall not enter an appearance except by his guardian ad litem.
(2.) No order for the appointment of such guardian shall be necessary, but the solicitor applying to enter such appearance shall make and file an affidavit for that purpose.
Appearance by infant. 0. 16 r. 18.
Schedule: Form No. 10.
litem of
71.-(1.) Every infant served with a petition or notice of motion, or Guardian ad summons in a matter, shall appear on the hearing thereof by a guardian ad litem in all cases in which the appointment of a special guardian is Ib. r. 19.
not provided for.
(2.) No order for the appointment of such guardian shall be necessary, but the solicitor by whom he appears shall previously make and file an affidavit as mentioned in the last preceding section.
72. Before the name of any person shall be used in any action as next friend of any infant or other party or as relator, such person shall sign a written authority to the solicitor for that purpose, and the authority shall be filed in the Registry.
*
Filing of authority by
next
or relator.
Ib. r.. 20..
person
under
73. In any cause or matter to which any infant or person of unsound Consent of mind, whether so found by inquisition or not, or person under any other disability to disability, is a party, any consent as to the mode of taking evidence procedure.
Ib. r. 21,
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