CODE OF CIVIL PROCEDURE—HONGKONG.
151
Judgment
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 not to affect 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 pretez-
LXXXIII.-All claims against the Government of the Colony of the Iu what Caser same nature as claims within the provisions of "The Petitions of Right red-In what Act, 1860," may, with the consent of the Governor, be preferred in the Form. Supreme Court, in a suit instituted by the claimant as plaintiff against "The Attorney-General' as defendant.
29
menced by
2. It shall not be necessary 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.
Petition, &e.
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 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 oz 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 s me become due and payable,
may
be heard and determined in a summary way as hereinafter is provided. 2.—The ('ourt 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 god 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 s rvice 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.
judgment,
4.-After judgment the Court may, under special circumstances, set Setting aside aside the judgment, and may stay or set aside execution, and may give leave to defend the suit, if it appears to the Court reason ible 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 Bi Court, to order the bill or note sought to be proceeded on to be forthwith Becurity for deposited in Court, and further to order that all proceedings be stayed Costs. until the plaintiff gives security for costs.