1912_CODE_OF_CIVIL_PROCEDURE — Page 140

HK Historical Laws 香港歷史法例 All AI Reviewed

CODE OF CIVIL PROCEDURE.

No. 3 of 1901.

1271

CHAPTER XXVII.

RECEIVER.

587. Whenever it appears to the Court to be necessary for the realization, preservation, or better custody or management of any property in dispute and under attachment, the Court may appoint a receiver of such property, and, if necessary, order all or any of the following things:--

(1) the removal of the person in whose possession or custody the property may be from the possession or custody thereof;

(2) the commitment of such property to the custody or management of such receiver; and

(3) the granting to such receiver of all such powers as to bringing and defending actions and other proceedings, and for the realization, management, protection, preservation, and improvement of the property, for the collection of the rents and profits thereof, for the application and disposal of such rents and profits, and for the execution of instruments in writing as the owner himself has, or such of those powers as the Court thinks fit.

H. K. Code, s. 18 (1).

*

by way of execution.

O. 50 r. 15A.

588. In every case in which an application is made for the appointment of a receiver by way of equitable execution, the Court in determining whether it is just and convenient that such appointment should be made, shall have regard to the amount of the debt claimed by the applicant, to the amount which may probably be obtained by the receiver, and to the probable costs of his appointment, and may, if it thinks fit, direct any inquiries on these or other matters before making the appointment.

ib. r. 16.

589. Where an order is made directing a receiver to be appointed, the person to be appointed shall, unless otherwise ordered, first give security, to be allowed by the Court and taken before the Registrar, duly to account for what he shall receive as such receiver and to pay the same as the Court may direct; and the person so to be appointed shall, unless otherwise ordered, be allowed a proper salary or allowance by way of fees or commissions or otherwise, as the Court may think fit.

590. Where any judgment or order is pronounced or made in Court appointing a person therein named to be receiver, the Court may adjourn the order for giving of security.

* As amended by No. 43 of 1912 Supp. Sched.

As amended by No. 50 of 1911.

ib. r. 17.

+

!Page 141

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CODE OF CIVIL PROCEDURE. No. 3 of 1901. 1271 CHAPTER XXVII. RECEIVER. 587. Whenever it appears to the Court to be necessary for the realization, preservation, or better custody or management of any property in dispute and under attachment, the Court may appoint a receiver of such property, and, if necessary, order all or any of the following things:-- (1) the removal of the person in whose possession or custody the property may be from the possession or custody thereof; (2) the commitment of such property to the custody or management of such receiver; and (3) the granting to such receiver of all such powers as to bringing and defending actions and other proceedings, and for the realization, management, protection, preservation, and improvement of the property, for the collection of the rents and profits thereof, for the application and disposal of such rents and profits, and for the execution of instruments in writing as the owner himself has, or such of those powers as the Court thinks fit. H. K. Code, s. 18 (1). * by way of execution. O. 50 r. 15A. 588. In every case in which an application is made for the appointment of a receiver by way of equitable execution, the Court in determining whether it is just and convenient that such appointment should be made, shall have regard to the amount of the debt claimed by the applicant, to the amount which may probably be obtained by the receiver, and to the probable costs of his appointment, and may, if it thinks fit, direct any inquiries on these or other matters before making the appointment. ib. r. 16. 589. Where an order is made directing a receiver to be appointed, the person to be appointed shall, unless otherwise ordered, first give security, to be allowed by the Court and taken before the Registrar, duly to account for what he shall receive as such receiver and to pay the same as the Court may direct; and the person so to be appointed shall, unless otherwise ordered, be allowed a proper salary or allowance by way of fees or commissions or otherwise, as the Court may think fit. 590. Where any judgment or order is pronounced or made in Court appointing a person therein named to be receiver, the Court may adjourn the order for giving of security. * As amended by No. 43 of 1912 Supp. Sched. As amended by No. 50 of 1911. ib. r. 17. + !Page 141
Baseline (Original)
CODE OF CIVIL PROCEDURE. No. 3 of 1901. 1271 CHAPTER XXVII. RECEIVER. of receiver of 587. Whenever it appears to the Court to be necessary for the Appointment realization, preservation, or better custody or management of any property in property, the subject of an action or other proceeding or under dispute and attachment, the Court may appoint a receiver of such property, and, receiver. if necessary, order all or any of the following things:-- (1) the removal of the person in whose possession or custody the property may be from the possession or custody thereof; (2) the commitment of such property to the custody or manage- ment of such receiver; and (3) the granting to such receiver of all such powers as to bringing and defending actions and other proceedings, and for the realization, management, protection, preservation, and improvement of the property, for the collection of the rents and profits thereof, for the application and disposal of such rents and profits, and for the execu- tion of instruments in writing as the owner himself has, or such of those powers as the Court thinks fit. powers of H. K. Code, s. 18 (1). * by way of execution. 0.50 r. 15A. 588. In every case in which an application is made for the Appointment appointment of a receiver by way of equitable execution, the of receiver Court in determining whether it is just and convenient that such appointment should be made, shall have regard to the amount of the debt claimed by the applicant, to the amount which may prob- ably be obtained by the receiver, and to the probable costs of his appointment, and may, if it thinks fit, direct any inquiries on these or other matters before making the appointment. ib. r. 16. 589. Where an order is made directing a receiver to be appointed, Giving of security by, the person to be appointed shall, unless otherwise ordered, first give and salary security, to be allowed by the Court and taken before the Registrar, of, receiver. duly to account for what he shall receive as such receiver and to pay the same as the Court may direct; and the person so to be appointed shall, unless otherwise ordered, be allowed a proper salary or allow- ance by way of fees or commissions or otherwise, as the Court may think fit. 590. Where any judgment or order is pronounced or made in Adjournment Court appointing a person therein named to be receiver, the Court of order for * As amended by No. 43 of 1912 Supp. Sched. As amended by No. 50 of 1911. receiver into Cham- bers for giving of security. ib. r. 17. + !Page 141
2026-05-03 01:41:22 · Baseline
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CODE OF CIVIL PROCEDURE.

No. 3 of 1901.

1271

CHAPTER XXVII.

RECEIVER.

of receiver of

587. Whenever it appears to the Court to be necessary for the Appointment realization, preservation, or better custody or management of any property in property, the subject of an action or other proceeding or under dispute and attachment, the Court may appoint a receiver of such property, and, receiver. if necessary, order all or any of the following things:--

(1) the removal of the person in whose possession or custody the property may be from the possession or custody thereof;

(2) the commitment of such property to the custody or manage- ment of such receiver; and

(3) the granting to such receiver of all such powers as to bringing and defending actions and other proceedings, and for the realization, management, protection, preservation, and improvement of the property, for the collection of the rents and profits thereof, for the application and disposal of such rents and profits, and for the execu- tion of instruments in writing as the owner himself has, or such of those powers as the Court thinks fit.

powers of

H. K. Code, s. 18 (1).

*

by way of execution.

0.50 r. 15A.

588. In every case in which an application is made for the Appointment appointment of a receiver by way of equitable execution, the of receiver Court in determining whether it is just and convenient that such appointment should be made, shall have regard to the amount of the debt claimed by the applicant, to the amount which may prob- ably be obtained by the receiver, and to the probable costs of his appointment, and may, if it thinks fit, direct any inquiries on these or other matters before making the appointment.

ib. r. 16.

589. Where an order is made directing a receiver to be appointed, Giving of

security by, the person to be appointed shall, unless otherwise ordered, first give and salary security, to be allowed by the Court and taken before the Registrar, of, receiver. duly to account for what he shall receive as such receiver and to pay the same as the Court may direct; and the person so to be appointed shall, unless otherwise ordered, be allowed a proper salary or allow- ance by way of fees or commissions or otherwise, as the Court may think fit.

590. Where any judgment or order is pronounced or made in Adjournment Court appointing a person therein named to be receiver, the Court of order for

* As amended by No. 43 of 1912 Supp. Sched.

As amended by No. 50 of 1911.

receiver into Cham- bers for giving of security. ib. r. 17.

+

!Page 141

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