Reversal of Judgment
not to affect Purchasers,
In what Cases may be prefer- red-In what
Form.
To be com- menced by Petition.
Consent of Governor-
Procedure
thereon.
Service of Petition, &c.
Proceedings on Decree.
322
CODE OF CIVIL PROCEDURE-HONGKONG
28. The reversal or setting aside of a judgment, or the dissolving or setting aside of any writ of foreign attachment, or any subsequent proceedings, shall not affect the title of any bona fide purchaser for valuable consideration of any property sold in satisfaction of the plaintiff's claim.
CHAPTER XIV.
Claims against the Government.
LXXXIII.-All claims against the Government of the Colony of the same nature as claims within the provisions of "The Petitions of Right Act, 1860,” may, with the consent of the Governor, be preferred in the Supreme Court, in a suit instituted by the claimant as plaintiff against "The Attorney-General" as defendant.
2.-It shall not be necessary for the plaintiff to issue a writ of summons, but the suit shall be commenced by the filing and service of the petition upon the Crown Solicitor.
3-The Crown Solicitor shall transmit the petition to the Govern- ment, and in case the Go ernor shall grant his consent as aforesaid, the suit may proceed and be carried on under the ordinary procedure provided by this Code.
4. The petition and all other documents, notices, or proceedings, 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.
. Whenever in any such suit a decree shall be made against the 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.
In what Cases.
Leave to defend.
Proceedings where LesvO not obtained.
Setting aside Judgment.
Deposit of Bill in Court.
Becurity for Costs.
CHAPTER XV.
Summary Procedure on Bills of Exchange and Promissory Notes.
LXXXIV.-Suits on Bills of Exchange or Promissory Notes, in- 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 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.
3.-If the defendant does not so obtain leave to defend, the plaintiff, on proof of due service of the writ of summons, shall be entitled as of 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 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.
5. In any proceeding under this section, it shall be competent to the Court to order the bill or note sought to be proceeded on to be forthwith deposited in Court, and further to order that all proceedings be stayed until the plaintiff gives security for costs.
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