1964_PARTITION_ORDINANCE — Page 4

1987 Ed.]

Partition

[CAP. 352

(5) Subject to subsections (6) and (7), the Director and every other person interested in any manner shall be served with notice of the judgment or order of the Court, and the provisions of the Rules of the Supreme Court dealing with service of notice of judgment shall thereupon apply. (Amended, 19 of 1987, s. 3)

(6) Where it appears to the Court that notice in accordance with subsection (5) cannot be served or cannot be served without expense disproportionate to the value of the property, the Court may, if it thinks fit, by order-

(a) dispense with such service on any person or class of

persons mentioned in the order; and

(b) direct notices to be published at such time and in such manner as it thinks fit, calling upon all persons claiming to be interested in the property and who have not been served, to establish their claims before the Court within a time specified in the notice,

and after expiration of the time specified, all persons claiming to be interested shall be bound by the proceedings as if they had been served in accordance with subsection (5).

(7) Subsection (6) shall not apply to service on the Director. (Added, 19 of 1987, s. 3)

3A. (1) In any proceedings under this Ordinance the Attorney General may at any stage of the proceedings apply to the Court to be joined as a party, and on such application the Court shall add him as a defendant.

(2) The Attorney General shall serve notice of his addition as a party, on every other party to this proceedings.

Any provision in this Ordinance or the Partition Rules by which any document is required to be served on the Director shall, where the Attorney General is added as a defendant under subsec- tion (1), have effect thereafter as if it required the Attorney General to be served as a party and not the Director.

( Added, 19 of 1987, s. 4)

3B. (1) In any proceedings under this Ordinance, at any stage except after the addition of the Attorney General if such be the case, the Director may notify in writing the parties of his intention to seek advice on any matter arising out of the proceedings and shall file in Court a memorandum of such notification and no fee shall be charged in respect of the memorandum.

(2) Where any memorandum is so filed in respect of pro- ceedings, then, unless otherwise ordered by a judge, the proceedings shall, by virtue of this section, be stayed for such period, being not less than 14 days, as may be prescribed, and during such period (unless otherwise ordered by a judge) time fixed by or under any law or otherwise for the doing of any act or the taking of any step in the proceedings shall not run.

[cf. 1868 c. 40, s. 9.}

(Cap. 4, sub. leg. O. 44, r. 3.)

1876 c. 17, s. 3.

Addition of Attorney General as defendant.

(Cap. 352, sub. leg.)

Memorandum for stay of proceedings.

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