62.4 Payment of money, etc., into court under enactment

--(1) This rule applies where an enactment requires or enables a person to pay money in, or lodge securities into, court.

--(2) The person paying such money in, or lodging securities into, court must file an affidavit stating-

----(a) the reason for making the payment or lodgment;

----(b) full details of all matters relevant to the payment in including-

--------(i) where the money or securities paid in or lodged are paid in under section 64 of the Trustee Ordinance, a short description of the trust and of the instrument creating it; and

--------(ii) where the money is deposited under section 17(2) of the Land Tenants (Security of Tenure) Act, details of the chattel, house and land to which the deposit relates;

----(c) the names and, so far as is practicable, the current addresses of all persons who have or may have an interest in the money or securities;

----(d) where he is not able to give a current address details of the steps that he has taken to trace such persons;

----(e) his address for service of any application, order, notice or proceedings relating to the money or securities; and

----(f) his submission to answer any inquiries relating to the money or securities as the court may make or direct.

--(3) The person paying such money or securities into court must give notice of the payment in or deposit of securities to all persons named in paragraph (2)(c) for whom he is able to give an address.

--(4) Where the fund paid in consists of money or securities being or being part of, or representing a legacy or residue to which a minor or person outside the jurisdiction is absolutely entitled, and on which the trustee has paid the estate duty, or on which no duty is chargeable, the trustee may make the lodgment solely on production of the appropriate certificate of the Commissioners of Estate Duties.

Notes

Amended by Legal Notice 140 of 2000.

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