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Commencement of proceedings

Cap. 180, s. 8 · Revised Edition 2020

(1) Proceedings under this Act shall be commenced by writ of summons, and it shall be sufficient to join as defendants all persons interested in any land which is or may be affected by the proceedings by that designation, without their names, whether any person is also joined as a defendant by name or not. (2) A person joined as a defendant by name shall be served with the writ, and may enter an appearance thereto in accordance with the practice for the time being of the Supreme Court, but shall, if duly served, be deemed to be a party to the proceedings whether he enters an appearance or not. (3) The Registrar shall cause notice of the writ to be published in at least four consecutive ordinary issues of the Gazette and to be posted for at least one month at the district court of the district in which any land affected is situated and also at the Court House in Belize City, and the certificates of the Registrar and magistrate that this has been done shall be sufficient evidence of the fact. 8 (4) It shall not be necessary to serve the writ on any person not joined as a defendant by name, but any person entitled to defend the proceedings who is not so joined may, within three months from the first publication of notice of the writ in the Gazette, or, subject to the provisions of the Rules of the Supreme Court, at any time before the proceedings are concluded, enter an appearance to the writ, and thereupon shall be deemed to be a party to the proceedings, but shall not be deemed to be a party to the proceedings unless he enters an appearance to the writ. (5) After the expiration of such three months as aforesaid, the plaintiff shall, before taking any fresh step in the proceedings, take out a summons in chambers for directions as to the future conduct of the proceedings.
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