CODE OF CIVIL PROCEDURE-HONGKONG.
151
not to affect.
28.-The reversal or setting aside of a judgment, or the dissolving Reversal of or setting aside of any writ of foreign attachment, or any subsequent Judgment proceedings, shall not affect the title of any bona fide purchaser for valuable Purchasers. consideration of any property sold in satisfaction of the plaintiff's claim.
CHAPTER XIV.
Claims against the Government.
may be preter--
LXXXIII.—All claims against the Government of the Colony of the In what Case same nature as claims within he provisions of "The Petitions of Right red-In what Act, 1860," may, with the cons nt of the Governor, be prefe: red in the Form. Supreme Court, in a suit instituted by the claimant as plaintiff against "The Attorney-General " as defendant.
menced by
2.--It shall not be neces-ary for the plaintiff to issue a writ of To be com summons, but the suit shall be commenced by the filing and service of the Petition. petition upon the Crown Solicitor.
Governor-
3.-The Crown Solicitor shall transmit the petition to the Govern- Consent of ment, and in case the Governor shall grant his consent as aforesaid, the Procedure suit may proceed and be carried on under the ordinary procedure provided thereon. by this Code.
4.-The petition and all other documents, notices, or proceedings, Service of which, in a suit of the same nature between private parties would be Petition, &s, required to be served upon the defendant, shall be served upon the Crown Solicitor.
Decree.
5.—Whenever in any such suit a decree shall be made against the Proceedings o Government, no execution shall issue thereon, but a copy of such decree under the seal of the Court shall be transmitted by the Court to the Government.
CHAPTER XV.
Summary Procedure on Bills of Exchange and Promissory Notes.
LXXXIV. Suits on Bills of Exchange or Promissory Notes, in- In what Cases. stituted within six months after the same become due and payable, may be heard and determined in a summary way as hereinafter is provided.
2.-The Court shall, on application, within seven days from the service Leave to defend of the writ of summons, give the defendant leave to defend the suit on his paying into Court the sum indorsed, or on evidence on oath showing to the satisfaction of the Court a good legal or equitable defence, or such facts as would make it incumbent on the holder to prove consideration, or such other facts as the Court deems sufficient to support the applica- tion, and on such terms as to security and other matters, as to the Court seems fit; and in that case the Court may direct proceedings to be taken and carried on by petition in the ordinary way.
where Leave-
3. If the defendant does not so obtain leave to defend, the plaintiff, Proceedings on proof of due service of the writ of summons, shall be entitled as of not obtained course at any time after the expiration of such seven days, to an immediate absolute decree for any sum not exceeding the sum indorsed on the writ of summons, together with interest at the rate specified, to the date of the judgment, and with costs..
4.--After judgment the Court may, under special circumstances, set Setting aside.
judgment. aside the judgment, and may stay or set aside execution, and may give leave to defend the suit, if it appears to the Court reasonable so to do, on such terms as to the Court may seem just.
in Court.
5.- In any proceeding under this section, it shall be competent to the Deposit of E Court to order the bill or note sought to be proceeded on to be forthwith Security for deposited in Court, and further to order that all proceedings be stayed Costs. until the plaintiff gives security for costs.