704
pendente lite. ́0, 50 r. 9.
Conduct of sale of trust estate. Iỏ. r. 10.
Date of order when drawn up. .0, 52 r. 13.
Operation of notice of motion, etc., as stay of proceedings. H. K. Code, 8..47 (1.)
Application to dismiss action for want of secution. Ib. s. 49.
pro- 0.27 r. 1.
Order for setting down. H. K. Code, 8. 48 (1.)
No. 3.] THE ORDINANCES OF HONGKONG: [A.D. 1901
will be more than sufficient to answer all the claims thereon which ought to be provided for in such proceedings, the Court may, at any time after the commencement of the proceedings, allow to the parties interested therein, or any one or more of them, the whole or part of the annual income of the immovable property, or a part of the movable property or the whole or part of the income thereof, up to such time as the Court may direct.
273. Where, in an action for the administration of the estate of a deceased person or the execution of the trusts of a written instrument, a sale is ordered of any property vested in any executor, administrator or trustee, the conduct of such sale shall be given to such executor, administrator, or trustee, unless the Court otherwise directs.
274. Every order, when drawn up, shall be dated the day of the week, month, and year on which it was made, unless the Court otherwise directs, and shall take effect accordingly.
Stay of Proceedings.
275. No notice of motion or summons shall operate as a stay of proceedings, except by direction or order of the Court, and in such case it shall so operate from the time of the service thereof on the opposite party.
Dismissal of Action for Want of Prosecution.
276.-(1.) If the plaintiff,-
(a.) being bound to file a statement of claim, does not file and serve the same within the time allowed for that purpose; or
(b.) does not obtain an order for setting down the cause for trial within one month from the time at which he might first apply for such an order,
the defendant may apply by summons for an order to dismiss the action for want of prosecution.
(2.) On such application, the Court may, if it thinks fit, make an order dismissing the action, or may make such other order and on such terms as to the Court may seem just.
CHAPTER XI.
PRELIMINARIES OF TRIAL.
Setting down Cause for Trial.
277. No cause shall be set down for trial without an order of the Court first obtained on summons.
704
pendente lite. ́0, 50 r. 9.
Conduct of
sale of trust estate. Iỏ. r. 10.
Date of order when drawn
up.
.0, 52 r. 13.
Operation of notice of
motion, etc.,
as stay of proceedings.
H. K. Code, 8..47 (1.)
Application to dismiss action for want of secution. Ib. s. 49.
pro-
0.27 r. 1.
Order for setting down. H. K. Code, 8. 48 (1.)
No. 3.] THE ORDINANCES OF HONGKONG: [A.D. 1901
will be more than sufficient to answer all the claims thereon which ought to be provided for in such proceedings, the Court may, at any time after the commencement of the proceedings, allow to the parties interested therein, or any one or more of them, the whole or part of the annual income of the immovable property, or a part of the movable property or the whole or part of the income thereof, up to such time as the Court may direct.
273. Where, in an action for the administration of the estate of a deceased person or the execution of the trusts of a written instrument, a sale is ordered of any property vested in any executor, administrator or trustee, the conduct of such sale shall be given to such executor, administrator, or trustee, unless the Court otherwise directs.
274. Every order, when drawn up, shall be dated the day of the week, month, and year on which it was made, unless the Court other wise directs, and shall take effect accordingly.
Stay of Proceedings.
275. No notice of motion or summons shall operate as a stay of proceedings, except by direction or order of the Court, and in such case it shall so operate from the time of the service thereof on the opposite party.
Dismissal of Action for Want of Prosecution.
276.-(1.) If the plaintiff,-
(a.) being bound to file a statement of claim, does not file and serve
the same within the time allowed for that purpose; or
(b.) does not obtain an order for setting down the cause for trial within one month from the time at which he might first apply for such an order,
the defendant may apply by summons for an order to dismiss the action for want of prosecution.
(2.) On such application, the Court may, if it thinks fit, make an order dismissing the action, or may make such other order and on such terms as to the Court may seem just.
CHAPTER XI.
PRELIMINARIES OF TRIAL.
Setting down Cause for Trial.
277. No cause shall be set down for trial without an order of the Court first obtained on summons.
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