CODE OF CIVIL PROCEDURE.
No. 3 of 1901.
763
immovable property subject to lien, etc.
O. 50, r. 8.
is sought does not dispute the title of the party seeking to recover other than the same but claims to retain the property by virtue of a lien or otherwise as security for any sum of money, the court may, at any time after such last-mentioned claim appears from the pleadings or, if there are no pleadings, by affidavit, or otherwise, to the satisfaction of the court, order that the party claiming to recover the property be at liberty to pay into court, to abide the event of the action, the amount of money in respect of which the lien or security is claimed and such further sum, if any, for interest and costs as the court may direct, and that, on such payment into court being made, the property claimed be given up to the party claiming it.
[s. 272, rep. No. 43 of 1912 Supp. Sched.]
estate.
273. Where in an action for the administration of the estate of a deceased person or the execution of the trusts of a written trust instrument a sale is ordered of any property vested in any O.50, r. 10. 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—
Date of order when drawn up. O. 52, r. 13.
Operation of notice of motion, etc., as stay of proceedings. H.K. Code, s. 47 (1).
(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.
to dismiss action for want of prosecution. H.K. Code, S. 49.
O. 27, r. 1.
CODE OF CIVIL PRocedure.
No. 3 of 1901.
763
immovable property subject to lien, etc.
0. 50, r. 8.
is sought does not dispute the title of the party seeking to recover other than the same but claims to retain the property by virtue of a lien or otherwise as security for any sum of money, the court may, at any time after such last-mentioned claim appears from the pleadings or, if there are no pleadings, by affidavit, or other- wise, to the satisfaction of the court, order that the party claiming to recover the property be at liberty to pay into court, to abide the event of the action, the amount of money in respect of which the lien or security is claimed and such further sum, if any, for interest and costs as the court may' direct, and that, on such payment into court being made, the property claimed be given up to the party claiming it.
[s. 272, rep. No. 43 of 1912 Supp. Sched.]
estate.
273. Where in an action for the administration of the estate Conduct of of a deceased person or the execution of the trusts of a written sale of trust instrument a sale is ordered of any property vested in any 0.50, r. 10. 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—
Date of order when
drawn up. O. 52, r. 13.
Operation of notice of
motion, etc., as stay of proceedings. H.K. Code, s. 47 (1).
(a) being bound to file a statement of claim, does not file Application 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.
to dismiss action for
want of
prosecution. H.K. Code,
S.
49.
O. 27, r. 1.
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