816
THE HONG KONG GOVERNMENT GAZETTE, SEPTEMBER 2, 1939.
Schedule,--contd.
SHORT TITLE.
AMENDMENT OR REPEAL.
2. The Code of Civil
Procedure. 1901. (No. 3 of 1901), -contd.
an assignee) the original assignor was registered money-lender under the Money- Ordinance lenders Ordinance, 1911, and if the writ be No. 16 of specially indorsed under section 19, shal! 1911. also state-
On
(a) the date
which the loan was made. or where the action is brought or an agreement or security given in con- sideration of the renewal of former loans. the date on which each such loan was made;
(b) the amount actually lent to the borrower;
(c) the rate of interest charged on the amount actually lent;
(d) the amounts paid by way of interest and the periods in respect of which and the dates on which each such payment was made;
(e) the amount of principal repaid and the date or dates of payment:
(f) every other amount paid by the bor- rower to the lender in respect of the lour or loans as the case may be, whether as premium or otherwise;
(g) the
amoun of principal due and unpaid; and
(h) the unpaid."
amount
of interest due and
(4) Section 22-the following section is sub
stituted-
22. In default of appearance to & Procedure specially indorsed writ, the plaintiff, on on default satisfying the court that the writ was duly of appear. served, shall be entitled to judgment for ance to
specially any sum not exceeding the sun indorsed indorsed on the writ, together with interest at the writ. rate specified, if any, or if no rate is H.K. Code, specified, at the rate fixed by the court. 5. 13 (1). to the date of judgment, and costs, or that
rr. 3. 8. the person whose title is asserted in the writ shall recover possession of the im- movable property, and costs :
0. 13,
Provided 0. 13,
that in actions by a money-lender or an rr. 3, lẻ.
assignee for the recovery of money lent
by the money-lender or the enforcement
of
any agreement or security relating to any such money, the court may exercise
the powers of the court under sub-section
(1) of section 2 of the Money-lenders Ordinan: » Ordinance. 1911: Provided also that the No. 16 of
1911. court may, nevertheless, on such terms as may seem just, give leave to the defendant to appear and defend the action on an application supported by satisfactory affidavits accounting for his non-appear- ance and disclosing a defence on the merits."
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