122 THE HONGKONG GOVERNMENT GAZETTE, 25TH FEBRUARY, 1893.
Substitution
of new section.
Disclosure of partners' names, &c.
Where Arm
aues, declara- tion of part- ners' names, &c. to be
made.
Service.
Notice, in what capacity served.
Appearance of partners.
No appearance except by partners.
Appearance under protost of person served as partner.
Execution of judgment against & firm.
2. In lieu of the section hereby repealed the following section shall be read and substituted, viz. :—
Proceedings by or against Firms.
XIV. (1) Any two or more persons claiming or being liable as co-partners and carrying on business within the jurisdiction may sue or be sued in the name of the respective firms, if any, of which such persons were co-partners at the time of the accruing of the cause of action; and any party to a suit may in such case apply by summons to a judge for a statement of the names and addresses of the persons who were, at the time of the accruing of the cause of action, co-partners in any such firm, to be furnished in such manner, and verified on oath or otherwise, as the Judge may direct.
(2) When a writ is sued out by partners in the name of their firm, the plaintiffs or their solicitors shall, on demand in writing by or on behalf of any defendant, forthwith declare in writing the names and places of residence of all the persons constituting the firm on whose behalf the suit is brought. And if the plaintiffs or their solicitors shall fail to comply with sucli demand, all proceedings in the suit may, upon an application for that purpose, be stayed upon such terms as the Court or a Judge may direct. And when the names of the partners are so declared, the suit shall proceed in the same manner and the same consequences in all respects shall follow as if they had been named as the plaintiffs in the writ. But all the proceedings shall, never- theless, continue in the name of the firm.
(3) Where persons are sued as partners in the name of their firm under sub-section (1), the writ shall be served either upon any one or more of the partners or at the prin- cipal place, within the jurisdiction, of the business of the partnership upon any person having at the time of service the control or management of the partnership business there; and, subject to this section, such service shall be deemed good service upon the firm so sued, whether any of the members thereof are out of the jurisdiction or not, pro- vided that in the case of a co-partnership which has been dissolved to the knowledge of the plaintiff before the com- mencement of the suit, the writ of summons shall be served upou every person within the jurisdiction sought to be
made liable.
(4) Where a writ is issued against a firm, and is served as directed by sub-section (3), every person upon whom it is served may be informed by notice in writing given at the time of such service whether he is served as a partner or as a person having the control or management of the part- nership business, or in both characters. In default of such notice, the person served shall be deemed to be served as a partner.
(5) Where persons are sued as partners in the name of their firm, they shall appear individually in their own names; but all subsequent proceedings shall, nevertheless, continue in the name of the firm.
(6) Where a writ is served under sub-section (3) upon a person having the control or management of the partner- ship business, no appearance by him shall be necessary unless he is a member of the firm sued.
(7) Any person served as a partner under sub-section (3) may enter an appearance under protest, denying that he is a partner, but such appearance shall not preclude the plaintiff from otherwise serving the firm and obtaining judg- ment against the firm in default of appearance if no partner has entered an appearance in the ordinary form.
(8) Where a judgment or order is against a firm, execu- tion may issue—
(a) Against any property of the partnership within
the jurisdiction;
(b) Against any person who has appeared in his own name under sub-section (5) or (6), or who bas admitted on the pleadings that he is, or who has been adjudged to be a partner;
(c) Against any person who has been individually served, as a partner, with the writ of summons, and has failed to appear.