718
No. 3 of 1901.
CODE OF CIVIL PROCEDURE.
Action by or against lunatic, etc. O. 16, r. 17.
Appointment of guardian ad litem for infant or person of unsound mind, after default in appearance to action. H.K. Code, s. 15.
Appearance by infant. O. 16, r. 18. Schedule. Form No. 10.
Guardian ad litem of infant. O. 16, r. 19.
Filing of
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 in any action by his committee or next friend, and may defend any action by his committee or guardian appointed for that purpose.
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.
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 section 70.
72. Before the name of any person shall be used in any authority by action as next friend of any infant or other party or as relator,
718
No. 3 of 1901.
CODE OF CIVIL PROCEDURE.
Action by or against lunatic, etc. 0. 16, r. 17.
Appointment of guardian
ad litem for infant or person of unsound mind, after default in appearance to action. H.K. Code, s. 15.
Appearance by infant. 0. 16, r. 18. Schedule. Form No. 10.
Guardian ad litem of infant.
O. 16, r. 19.
Filing of
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 in any action by his committee or next friend, and may defend any action by his committee or guardian appointed for that purpose.
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.
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 appoint- ment 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 section 70.
72. Before the name of any person shall be used in any authority by action as next friend of any infant or other party or as relator,
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