1937_CODE_OF_CIVIL_PROCEDURE_ORDINANCE — Page 168

HK Historical Laws 香港歷史法例 All AI Reviewed

862

No. 3 of 1901.

CODE OF CIVIL PROCEDURE.

Claimants not sending particulars of claims excluded.

O. 55, r. 47.

*

+

Service of notices on claimants.

O. 55, r. 48.

*

+

Claimants to produce documents if required.

O. 55, r. 49.

*

Claimants' affidavits.

O. 55, r. 50.

*

Examination and verification of claims.

O. 55, r. 51.

657. Claimants who do not send full particulars of their claims to the person named and within the time fixed by the advertisement shall be excluded from the benefit of the judgment or order unless the court upon application made by summons otherwise orders. Any such order may be made upon such terms and conditions as to costs and otherwise as the court thinks fit.

658. Every notice by this Chapter required or by the court directed to be given to or served upon claimants or creditors shall, unless the court otherwise directs, be deemed sufficiently given and served if transmitted pre-paid by registered post addressed to the claimant or creditor at the address given in the claim sent in by him pursuant to the advertisement, or in case such claimant or creditor is represented by a solicitor, to such solicitor at the address given by him.

659. Every claimant or creditor shall, if required by notice in writing given by such party as the court may direct, produce all deeds and documents necessary to substantiate his claim before the court at such time as may be specified in such notice.

660. Claimants required to file affidavits under sections 661 to 669 inclusive shall serve a copy on the person to whom particulars of claims are to be sent.

661. The court may direct the Registrar to examine the claims of persons claiming to be creditors sent in pursuant to the advertisement, and the Registrar shall ascertain, so far as he is able, to which of such claims the estate of the deceased is justly liable and shall, at least seven clear days before the time appointed for adjudication or within such other time as the court may direct, file a report together with an affidavit made by the executors or administrators of the deceased or by the person to whom claims are required by the advertisement to be sent (or by such person or persons as the court may direct) verifying lists—

(1) of claims which have been sent in pursuant to the advertisement;

(2) of claims which have been received by the executors or

* As amended by Law Rev. Ord., 1937.

† As amended by Law Rev. Ord., 1939.

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862 No. 3 of 1901. CODE OF CIVIL PROCEDURE. Claimants not sending particulars of claims excluded. O. 55, r. 47. * + Service of notices on claimants. O. 55, r. 48. * + Claimants to produce documents if required. O. 55, r. 49. * Claimants' affidavits. O. 55, r. 50. * Examination and verification of claims. O. 55, r. 51. 657. Claimants who do not send full particulars of their claims to the person named and within the time fixed by the advertisement shall be excluded from the benefit of the judgment or order unless the court upon application made by summons otherwise orders. Any such order may be made upon such terms and conditions as to costs and otherwise as the court thinks fit. 658. Every notice by this Chapter required or by the court directed to be given to or served upon claimants or creditors shall, unless the court otherwise directs, be deemed sufficiently given and served if transmitted pre-paid by registered post addressed to the claimant or creditor at the address given in the claim sent in by him pursuant to the advertisement, or in case such claimant or creditor is represented by a solicitor, to such solicitor at the address given by him. 659. Every claimant or creditor shall, if required by notice in writing given by such party as the court may direct, produce all deeds and documents necessary to substantiate his claim before the court at such time as may be specified in such notice. 660. Claimants required to file affidavits under sections 661 to 669 inclusive shall serve a copy on the person to whom particulars of claims are to be sent. 661. The court may direct the Registrar to examine the claims of persons claiming to be creditors sent in pursuant to the advertisement, and the Registrar shall ascertain, so far as he is able, to which of such claims the estate of the deceased is justly liable and shall, at least seven clear days before the time appointed for adjudication or within such other time as the court may direct, file a report together with an affidavit made by the executors or administrators of the deceased or by the person to whom claims are required by the advertisement to be sent (or by such person or persons as the court may direct) verifying lists— (1) of claims which have been sent in pursuant to the advertisement; (2) of claims which have been received by the executors or * As amended by Law Rev. Ord., 1937. As amended by Law Rev. Ord., 1939.
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862 No. 3 of 1901. CODE OF CIVIL PROCEDURE. Claimants. not sending particulars of claims excluded. 0. 55, r. 47. * + Service of notices on claimants. O. 55, r. 48. * + Claimants to produce documents if required. 0.,55, r. 49. * Claimants' affidavits. 0. 55, r. 50. * Examination and verifi- cation of claims. 0.'55, r. 51. 657. Claimants who do not send full particulars of their claims to the person named and within the time fixed by the advertisement shall be excluded from the benefit of the judgment or order unless the court upon application made by summons otherwise orders. Any such order may be made upon such terms and conditions as to costs and otherwise as the court thinks fit. 658. Every notice by this Chapter required or by the court directed to be given to or served upon claimants or creditors shall, unless the court otherwise directs, be deemed sufficiently given and served if transmitted pre-paid by registered post addressed to the claimant or creditor at the address given in the claim sent in by him pursuant to the advertisement, or in case. such claimant or creditor is represented by a solicitor, to such solicitor at the address given by him. î 659. Every claimant or creditor shall, if required by notice in writing given by such party as the court may direct, produce all deeds and documents necessary to substantiate his claim before the court at such time as may be specified in such notice. 660. Claimants required to file affidavits under sections 661 to 669 inclusive shall serve a copy on the person to whom particulars of claims are to be sent. 661. The court may direct the Registrar to examine the claims of persons claiming to be creditors sent in pursuant to the advertisement, and the Registrar shall ascertain, so far as he is able, to which of such claims the estate of the deceased is justly liable and shall, at least seven clear days before the time appointed for adjudication or .within such other time as the court may direct, file a report together with an affidavit made by the executors or administrators of the deceased or by the person to whom claims are required by the advertisement to be sent (or by such person or persons as the court may direct) verifying lists- (1) of claims which have been sent in pursuant to the advertisement; (2) of claims which have been received by the executors or * As amended by Law Rev. Ord., 1937. As amended by Law Rev. Ord., 1939.
2026-05-03 13:55:09 · Baseline
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862

No. 3 of 1901.

CODE OF CIVIL PROCEDURE.

Claimants.

not sending particulars of claims excluded.

0. 55, r. 47.

*

+

Service of notices on claimants.

O. 55, r. 48.

*

+

Claimants to produce documents if required. 0.,55, r. 49.

*

Claimants' affidavits.

0. 55, r. 50.

*

Examination and verifi- cation of claims. 0.'55, r. 51.

657. Claimants who do not send full particulars of their claims to the person named and within the time fixed by the advertisement shall be excluded from the benefit of the judgment or order unless the court upon application made by summons otherwise orders. Any such order may be made upon such terms and conditions as to costs and otherwise as the court thinks fit.

658. Every notice by this Chapter required or by the court directed to be given to or served upon claimants or creditors shall, unless the court otherwise directs, be deemed sufficiently given and served if transmitted pre-paid by registered post addressed to the claimant or creditor at the address given in the claim sent in by him pursuant to the advertisement, or in case. such claimant or creditor is represented by a solicitor, to such solicitor at the address given by him.

î

659. Every claimant or creditor shall, if required by notice in writing given by such party as the court may direct, produce all deeds and documents necessary to substantiate his claim before the court at such time as may be specified in such notice.

660. Claimants required to file affidavits under sections 661 to 669 inclusive shall serve a copy on the person to whom particulars of claims are to be sent.

661. The court may direct the Registrar to examine the claims of persons claiming to be creditors sent in pursuant to the advertisement, and the Registrar shall ascertain, so far as he is able, to which of such claims the estate of the deceased is justly liable and shall, at least seven clear days before the time appointed for adjudication or .within such other time as the court may direct, file a report together with an affidavit made by the executors or administrators of the deceased or by the person to whom claims are required by the advertisement to be sent (or by such person or persons as the court may direct) verifying lists-

(1) of claims which have been sent in pursuant to the advertisement;

(2) of claims which have been received by the executors or

* As amended by Law Rev. Ord., 1937.

† As amended by Law Rev. Ord., 1939.

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