SUITORS' FUNDS RULES

SUITORS' FUNDS RULES

$ c.
9. On the gross proceeds of any ship or goods, etc., sold
by order of the court (to be deducted from the
proceeds in court) if not exceeding $1,000 10.00
10. For every additional $1,000 or part thereof 5.00

11. For every matter or proceeding not above specified the same
fee as is taken in the original jurisdiction in respect of a similar
matter or proceeding.

Assessors' Fees. [rule 166.]

For each nautical or other assessor, whether at the From
examination of witnesses, or at the trial of an action, or at $10.00
the bearing of an appeal, or upon any assessment of
damages or taking of an account, according to the case, to
per diem. $50.00
NOTE-The above fees shall be Paid to the Registrar for the assessors in cash and
in the firRt instance by the party Preferring that claim or, in the case of
an appeal, by the appellant.

SUITORS' FUNDS RULES.

(Cap., 4, section 38).
(Ordinance No. 3 Of 1873).

[14th Sept., 192S.]

Operation and interpretation.

1. These rules may be cited as the Suitors' Funds
Rules.

2. In these rules-
'Accountant' means the Accountant, Supreme Court;
dicotirt' means the Supreme Court;
'funds' or 'funds in court' means any money or securities
or movable property or any part thereof standing in or
to be placed to the Registrar's account and includes boxes
and other effects;
'ledger credit' means the title of the cause or matter and
the separate account (if any) opened or to be opened
under an order or otherwise in the books of the Registrar
to which any funds are credited or to be credited;





'Alodge in court' means pay or transfer into court or deposit
in court; and
'lodgment in court' has a corresponding meaning;
'order' means an order of the Supreme Court and includes
a judgment or decree and includes the schedule or
schedules to an order;
'Registrar' means the Registrar of the Supreme Court;
'title of the cause or matter' means the short title of the
cause or matter with reference to the record;

Lodgment of funds in court.

3. (1) All funds to be lodged in court on any ledger
credit shall, unless required by any enactment to be dealt
with in any particular way, be lodged with the Registrar
who shall give to the person making the lodgment a receipt
in respect thereof.

(2) The Registrar shall keep appropriate ledger
accounts to which all funds lodged in court shall be
credited and any funds withdrawn or transferred therefrom
,shall be debited to' such accounts in the usual way.

The investment of any.funds shall be entered in such
accounts in an appropriate manner.

Where funds are dealt with in any other way than by
lodgment, withdrawal, transfer or investment, the same shall
be entered in the accounts as the circumstances of the case
require.

(3) When it is proposed to lodge in court any
securities, movable property, boxes or other effects, the
Registrar shall, after making such inspection thereof as lie
thinks fit, give to the person making the lodgment a receipt
in respect thereof.

(4) Every receipt given in respect of any lodgment
shall be headed with the title of the cause or matter and the
title of the ledger account to which the lodgment is referable
and shall contain adequate particulars as to such lodgment
and shall be as nearly as may be in Form I in the Schedule.

(5) Where money is lodged in satisfaction or part
satisfaction of any claim either with or without defence





setting up tender or denying liability or where the same is
lodged to security for costs or under or on account of any
judgment or order the receipt shall contain a statement of
such of the following circumstances as are applicable-
(a)paid in on behalf of defendant in satisfaction of
claim of the above-named (name of party);
(b)paid in on behalf of defendant against claim of the
above-named (name of party) with defence setting
up tender;
(c)paid in on behalf of defendant against claim of the
above-named (name of party) with defence denying
liability;
(d) paid in under order dated the day of
19
(e) paid in to security for costs account on behalf of
(name of party);
(f)paid in on account of the judgment or order obtained
by (name of party).

(6) Where the funds lodged are money the Registrar
shall pay the same to an account to be' called the 'Suitors'
Funds Account' at such bank as the Accountant General
shall direct.

4. (1) All kinds of securities may be lodged in court.

(2) Shares and securities issued by companies or cor-
porations constituted under the laws of the Colony, such
shares being fully paid up and free from all liability, may
be transferred to the Registrar by. his name of office.

(3) Other shares and securities may be placed in a box
or packet and lodged with the Registrar, who shall, before
taking custody of such box or packet, see that it is properly
marked and secured and will inspect the contents thereof
in the presence of the person lodging the same.

(4) When shares or securities are to be transferred into
the name of the Registrar the person lodging such shares
or securities shall execute a transfer thereof and shall obtain
from the Registrar an authority which shall be as nearly as
may be in Form 2 in the Schedule. The person lodging
shall lodge such transfer together with the authority at the
office of the company or corporation in whose books the
securities are to be transferred.





(5) Such company or corporation shall after registering
such transfer forward to the Registrar a certificate that the
securities have been transferred as authorized, which certificate
shall be as nearly as may be in Form 3 in the Schedule. On
receiving such certificate the Registrar shall give to the
person making the lodgment his receipt in respect thereof.

5. Any principal money or dividends received by the
Registrar in respect of securities in court shall be placed in
his books, in the case of principal money to the credit to
which the securities whereon such money arose were standing
at the time of the receipt thereof, and in the case of dividends
to the credit to which the securities whereon such dividends
accrued were standing at the time of closing of the transfer
books of such securities previously to the dividends becoming
due.

Payment, delivery and transfer of funds out of court
and other dealings with funds.

6., Moneys lodged in court shall be paid out either in
cash or by cheque in cases where the amount does not exceed
$4o and by cheque where the sum exceeds $40, such cheques
to be signed by the Registrar and Accountant or, in the
absence of either of them, by the Deputy Registrar, Supreme
Court, in lieu of such absentee.

Payment out shall be made at the Supreme Court on
Mondays, Wednesdays'and Fridays (unless general holidays)
between the hours of 10 a.m. and 1 p.m. : Provided that
no payment out may be demanded on either of the last two
working days of each month.

7. When an order directs any sums to be ascertained
by the certificate of the Registrar and to be afterwards paid
in accordance therewith, such certificate shall be as nearly
as may be in Form 4 in the Schedule and the Registrar shall
,on the request of the persons entitled to payment pay such
sum in accordance with rule 6.

8. When an 'order directs payment out of a fund in
court of any costs directed to be taxed, the Registrar shall
state in his certificate the name and address of the person
to whom such costs are payable. Such certificate shall be





as nearly as may be in Form 5 in the Schedule and the
Registrar shall on the request of the persons entitled to
payment pay such sum in accordance with rule 6.

9. (1) When funds in court are by an order directed
to be paid, transferred or delivered to any person named or
described in an order or in a certificate of the Registrar
(except to a person therein expressed to be entitled to such
funds as trustee, executor or administrator, or otherwise than
in his own right or for his own use), such funds or any
portion thereof for the time being remaining unpaid or
untransferred or undelivered may, unless the order otherwise
directs, on proof of the death of such person whether on or
after the date of such order or in the case of payment directed
to be made to a creditor as such before the date of such order,
be paid or transferred or delivered to the legal personal
representatives of such deceased person or to the survivors
or survivor of them.

(2) If no administration has been taken out to such
deceased person who has died intestate and whose assets do
not exceed the value of $500 including the amount of the
funds directed to be so paid, transferred or delivered to him
such funds may be paid, transferred or delivered to the
person who being widow, child, father, mother, brother or
sister of the deceased would be entitled to take out adminis-
tration to his estate upon a declaration by such person in
Form 6 in the Schedule.

(3) When funds in court are by an order directed to be'
paid, transferred or delivered to any persons as legal personal
representatives, such funds or any portion thereof for the
time being remaining unpaid, untransferred or undelivered
may, upon proof of the death of any of 'such representatives,
whether on or after the date of such order, be paid, trans-
ferred or delivered to the survivors or survivor of them.

(4) No funds shall under this rule be paid, transferred
or delivered out of court to the legal personal representatives
of any person under any probate or letters of administration
purporting to be granted at any time subsequent to the
expiration of two years from the date of the order directing
such payment, transfer or delivery, or in case such funds
consist of interest or dividends, from the date of the last
receipt of such interest or dividends under such order.





10. (1) Every order which directs funds in court to be
paid, transferred or delivered out shall set forth in full the
name of every person to whom such payment, transfer or
delivery is to be made unless the name is to be stated in a
certificate of the Registrar. In the case of payment to a
firm, it shall be sufficient to state the business name of
such firm.

(2) When money in court is by an order directed to be.
paid to any persons described in the order or in a certificate
of the Registrar as co-partners, such money may be paid to
any one or more of such co-partners or to the survivor of
them.

11. When money lodged in court is by an order directed
to be invested, the party having the carriage of the order
shall lodge with the Registrar a request in writing for the
investment to be effected and the Registrar shall thereupon
procure the investment of such money in the manner directed
by the order. The order shall set forth the name or the
name of the office of the person in whose name such money
is directed to be invested.

12. When money in court is by an order directed to be
dealt with otherwise than by lodgment, withdrawal, transfer
or investment, the party having the carriage of the order
shall lodge with the Registrar a request in writing for the
money to be dealt with in the terms of the order, and the
Registrar shall thereupon act in accordance with such order.

13. When funds in court are ordered to be carried over
to a separate account, the title of the ledger credit to be
opened for the purpose shall commence with the title of the
cause or matter to which such funds are standing.

Interest on funds lodged.

14. (1) Money lodged in court to the credit of any
account shall be credited with interest at the rate (if any)
allowed for the time being for current accounts by the bank
with which such money is lodged pursuant to paragraph (6)
of rule 3 of these rules : Provided that no interest shall be
credited to money lodged in court to the credit of any account
in the following cases-





(a)when the money is paid into court as security for
costs or by way of satisfaction or amends or in
compliance with an order giving leave to defend
upon such payment, or
(b) when the amount is less than $100.00

(2) Interest upon money lodged in court shall not be
computed on a fraction of one dollar.

(3) Interest upon money lodged in court shall accrue by
calendar months and shall not be computed for any less
period. Such interest shall begin on the first day of the
calendar month next succeeding that in which the money
is lodged in court and shall cease from the last day of the
calendar month next preceding the day of the withdrawal
of the money from lodgment.
(4) Interest which has accrued for during the half-
year ending on the 30th day of June and 31st day of
December in every year on money then lodged in court
shall on or before the 15th days of the months respectively
following be placed by the Registrar to the credit to which
such money shall be standing on every such half-yearly day,
and when money lodged in court is withdrawn from lodg-
ment, the interest thereon which has accrued and has not
been credited shall be placed to the credit to which the money
is then standing.

15. When money lodged in court consists of sums which
have been lodged at different times, and an order is made
dealing with the money, and part of such money has to be
withdrawn frorn lodgment for the purpose of executing such
order, the part or parts of the money dealt with by such
order last lodged and remaining lodged in court at the
time of such withdrawal shall, for the purpose of computing
interest, be treated as so withdrawn unless the order other-
wise directs.

16. Unless otherwise directed by an order, interest
credited on money lodged in court shall, when or so soon
as it amounts to or exceeds one hundred dollars be dealt
with as if it were money lodged in court and interest shall
be credited thereon accordingly and, for the purpose of
computing interest upon it, shall be treated as having been
lodged in court on the last half-yearly day on which any
such interest became due.





Evidence of life, etc.
17. When any person is entitled under in order to
receive dividends or other periodical payments and the
Registrar requires evidence of life or of the fulfilment of
any conditions affecting such payments, such evidence may
be furnished by a declaration signed by a solicitor acting
on behalf of such person or by a declaration signed by the
person entitled to such payment and attested by a justice
of the peace, magistrate, minister of religion or notary
public, and the Registrar shall act on such evidence unless
in any case he thinks fit torequire such evidence to be by
statutory declaration or affidavit.

18. When, in carrying into effect the directions of an
order, evidence is required by the Registrar for any purposes
other than those inclGded in rule 17, he may receive and act
upon an affidavit or upon a statutory declaration, and every
such affidavit or statutory declaration shall be filed in court
when the Registrar shall consider it necessary.

Miscellaneous.

19. The Registrar,, upon a request signed by or on
behalf of a person claiming to be interested in any funds
in court standing to the credit of an account specified in such
request, shall, unless there is good reason for refusing,
issue a certificate of the amount and description of such
funds, and such certificate shall have reference to the
morning of the day of the date thereof and shall not include
the transactions of that day; and the Registrar shall notify
on such certificate the dates of any orders restraining
the transfer, sale, delivery out or payment or other dealing
with the funds in court to the credit of the account mentioned
in such certificate and whether such orders affect principal
or interest and any charging orders affecting such funds
of which respectively he has received notice and the names
of the persons to whom notice is to be given or in whose
favour such restraining or charging orders have been made.
The Registrar may redate any such certificate provided that
no alteration in the aMOUnt or description of funds has been
made since the certificate was issued.

20. Upon a request signed by or on behalf of a person
claiming to be interested in funds in court, the Registrar





shall, unless there is good reason for refusing, issue a trans-
cript of the account in his books specified in such request.
He shall also upon a like request, unless there is good reason
for refusing, supply such other information or issue such
certificates with respect to any transactions or dealings with
funds in court as may from time to time be required in any
particular case.

21. In any case not provided for by these rules, the
practice of the Paymaster General's Office for business of
the Supreme Court of judicature in England may be followed
as nearly as the circumstances of the case will admit.

SCHEDULE.

FORM 1. [rule 3 (4).]

Receipt.

IN THE SUPREME COURT OF HONG KONG.

(Title of cause or matter. No. of 19
Ledger account
(if the same as the cause, state as above).
Received from the sum of
[or the following securities or a
packet markedpurporting to contain ( here
insert list of contents), or the following movable property (here
insert particulars)].
(Signature)
Registrar.

Dated this day of 19

FORK 2. [rule 4(4).]

Authority to company to register transfer.

IN THE SUPREME COURT OF HONG KONG.

(Title of cause or matter. No. of 19 ).





Ledger account

(if the same as the cause, state as above).

To , Limited,
Hong Kong.

Please register transfer of shares Nos.
from to the Registrar of the
Supreme Court.

(Signature)

Registrar

Dated this day of ' 19

FORm 3.

Certificate of registration of shares.

The above-mentioned shares have this day been transferred
to the Registrar of the Supreme Court as authorized.

(Signature)

Secretary of

' Ltd.

Dated this day of 19

FORm 4. [rule 7.]

Certificate of ascertained sums.

IN THE SUPREME COURT OF HONG KONG.

(Title of cause or matter. 'No. of 19

Ledger account

(if the same as the cause, state as above).

I hereby certify that under order dated
, 19 , the sums stated in the schedule





subjoined hereto amounting in the whole to $
have been ascertained to be the sums payable under the said
order to the persons respectively named in respect of (state in
what character paid).

Dated this day of 19

(Signature)

Registrar.

SCHEDULE.



FORm 5. [rule 8.]

Certificate of taxed costs.

IN THE SUPREME COURT OF HONG KONG.

(Title of cause or inatter. No. of 19 ).

Ledger account

(if the same as the cause, state as above).

In pursuance of an order dated
19 I have been attended by the solicitors for
and I certify that
I have taxed the costs specified in the schedule subjoined hereto
directed to be taxed by the order at the sums respectively stated
in the schedule, which sums with the fees of taxation specified
amount to the total sum of .

Dated this day of 19

(Signature)

Registrar.





SCHEDULE.




Total $

FORM 6.
Declaration.
IN THE SUPREME COURT OF HONG KONG.

(Title of cause or matter. No. of 19

Ledger account
(if the same as the cause, state as above).
I (name and address of applicant) solemnly and sincerely
declare that I am the (degree of relationship) and next or one of
the next of kin of (name of deceased) and that I am entitled to
take out, administration to his estate and to receive the sum of
$ directed to be paid to him by
the order dated the ' 19
And I further declare that the total value of the assets of
the deceased including the above sum does not exceed $500, and
I certify that the death-bed and funeral expenses of the deceased
.have been paid: And I make this solemn declaration conscientiously
believing the same to be true and by virtue of the provisions of
the Statutory Declarations Act, 1835.

(Signature of applicant)
Declared at

Before me this day of 19

(Signature)

Justice, notary public, or other authorized officer.
Regulations-Fraser, vol. 1, p. 153. [r. 2 cont.] [r. 4 cont.]

Regulations-Fraser, vol. 1, p. 153. [r. 2 cont.] [r. 4 cont.]

https://oelawhk.lib.hku.hk/items/show/1647

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