132
Power of the
Court to
make rules
No. 2.] THE ORDINANCES OF HONGKONG: [A.D. 189.
fully to pay the costs of the opposite party or may make no order as to costs, as it may think fit.
(2.) If in any case the Court is of opinion that any money paid into Court under section 17 ought not to have been paid into Court, the Court may, on any application for the payment out of such money, award costs against the Crown.
(3.) No fees of Court shall be payable on the payment into Court of any moneys under the said section 17 or on the payment out of such moneys.
21.-(1.) The Court may make such rules and regulations for procedure to be adopted in relation to such application, as to the manner of procedure, of making the same, as to the service of notice of the application, and as to the method in which evidence on such application may be taken, and generally in relation to such applications as to it may seem fit.
(2.) Such rules and regulations shall be binding when published in The Gazette.
22. Every sum paid into Court under section 17 may be paid out and applied as follows:-
(1.) in payment to any person becoming absolutely entitled thereto; or
(2.) in payment thereof or any part thereof, or of the income thereof to the guardian, trustee, or committee of the estate of any person entitled thereto who is under disability or otherwise unable to give a legal discharge therefor; or
(3.) in the purchase of other lands to be conveyed and settled upon the like trusts and purposes and in the same manner as the lands in respect of which the sum which has been paid stood settled; or
(4.) in payment of any mortgage, legal or equitable, on any land resumed under this Ordinance in respect of which the sum has been paid into Court; or
(5.) where a sum has been paid into Court to the account of an owner who cannot be found or is absent from the Colony or of a person unknown, in payment to the Colonial Treasurer, for the use of the Crown, after the expiration of five years from the date of payment in: Provided no application is pending for payment out of such fund, and provided satisfactory proof is adduced of the due publication of the notice of the payment in Court in accordance with section 18 (2).
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23. All sums of money awarded by the Board and all costs awarded against the Crown shall be paid as soon as practicable after the award has been published, and all sums of money (exclusive of costs) shall bear interest until payment.
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Page 11
132
Power of the
Court to
make rules
No. 2.] THE ORDINANCES OF HONGKONG: [A.D. 189.
fully to pay the costs of the opposite party or may make no order as costs, as it may think fit.
(2.) If in any case the Court is of opinion that any money paid Court under section 17 ought not to have been paid into Court Court may, on any application for the payment out of such mone award costs against the Crown.
(3.) No fees of Court shall be payable on the payment into Court any moneys under the said section 17 or on the payment out of such moneys.
21.-(1.) The Court may make such rules and regulations for procedure to be adopted in relation to such application, as to the manner
of procedure, of making the same, as to the service of notice of the application, an
as to the method in which evidence on such application may be
etc.
Application of moneys paid
into Court.
Sums awarded to bear
or taken, and generally in relation to such applications as to it may seem fit.
(2.) Such rules and regulations shall be binding when published i The Gazette.
22. Every sum paid into Court under section 17 may be paid out and applied as follows:-
(1.) in payment to any person becoming absolutely entitled there
to; or
(2.) in payment thereof or any part thereof, or of the income thereof to the guardian, trustee, or committee of the estate of any person entitled thereto who is under disability or otherwise unable to give a legal discharge therefor; or
(3.) in the purchase of other lands to be conveyed and settled upon the like trusts and purposes and in the same manner as the lands in respect of which the sum which has been paid stood settled or (4.) in payment of any mortgage, legal or equitable, on any land resumed under this Ordinance in respect of which the sum has been paid into Court; or
(5.) where a sum has been paid into Court to the account of an owners who cannot be found or is absent from the Colony or of a person unknown, in payment to the Colonial Treasurer, for the use of the Crown, after the expiration of five years from the date of payment in: Provided no application is pending for payment out of such fund, and provided satisfactory proof is adduced of the due pub- lication of the notice of the payment in Court in accordance with section 18 (2.) p
*
23. All sums of money awarded by the Board and all costs awarded interest until against the Crown shall be paid as soon as practicable after the award has been published, and all sums of money (exclusive of costs) shall bear
-payment.
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