THE HONGKONG GOVERNMENT GAZETTE, 25TH FEBRUARY, 1893.
If the party who has obtained judgment or an order claims to be entitled to issue execution against any other person as being a member of the firm, he may apply to the Court or a Judge for leave so to do; and the Court or Judge may give such leave if the liability be not disputed, or if such liability be disputed may order that the liability of such person be tried and determined in any mauner in which any issue or question in a suit may be tried and determined. But except as against any property of the partnership, a judg- ment against a firm shall not render liable, release, or other- wise affect any member thereof who was residing out of the jurisdiction when the writ was issued, and who has not been served with or appeared to the writ.
(9) Debts owing from a firm carrying on business within the jurisdiction may be attached under section 76 of the Code of Civil Procedure, although one or more members of such firm may be resident abroad; provided that any person having the control or management of the partnership business or any member of the firm within the jurisdiction is served with a prohibitory order. An appearance by any member pursuant to an order shall be a sufficient appearance by the firm.
(10) The provisions of this Section shall apply to suits between a firm and one or more of its members, and to suits between firms having one or more members in common, provided such firm or firms carry on business within the jurisdiction, but no execution shall be issued in such suits without leave of the Court or a Judge, and on an application for leave to issue such execution all such accounts and inquiries may be directed to be taken and made, and directions given, as may be just.
(11) Any person carrying on business within the juris- diction in a name or style other than his own name may be sued in such name or style as if it were a firm name; and, so far as the nature of the case will permit, all the provi- sions of the said Code and of this Section relating to proceedings against firms shall apply.
3. This Ordinance shall apply to all suits in the Supreme Court commenced on or after the 1st day of March, 1893.
Attachment of debts owing from a firm.
Application of this section to suits bet ween co-part- 11ers.
Application of this section to person trading as a firm.
Application
of this Urdt. uance.
Passed the Legislative Conucil of Hongkong, this 8th day of February, 1893.
F. H. MAY, Acting Clerk of Councils.
Assented to by His Excellency the Govenmor, the 17th day of February, 1893.
G. T. M. O'BRIEN,
Colonial Secretary.
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