450 SUPPLEMENT TO THE HONGKONG GOVERNMENT GAZETTE, 27TH SEPT., 1873,
In what Cases
CHAPTER XIV.
Claims against the Government.
LXXXIII. All Claims against the Government of the Colony may be prefer- of the same Nature as Claims within the Provisions of "The red-In what 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.
Form.
To be com- menced by Petition.
Consent of Governor- Procedure
thereon.
Service of Pe- tition, &c.
Proceedings on Decree,
In what Cases.
Leave to defend.
Proceedings
where Leave not obtained.
Setting aside Judgment.
Deposit of Bill in Court.
Security for
Costs.
Holder's Ex- penses of noting, &c.
One Writ against all Parties,
Writ must set forth Claim
2. It shall not be necessary for the Plaintiff to issue a Writ of Summons but the Sait 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 Government and in Case the Governor 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 Proceed- ings 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.
5. 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.
CHAPTER XV.:
Summary Procedure on Bills of Exchange and Promissory Notes.
LXXXIV. Suits on Bills of Exchange or Promissory Notes, instituted within Six Months after the same became 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 Application, and on such Terms as to Security and other Matters, as to the Court seems fit; and in that Case, the Court may direct Proceed- ings 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 duc 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 Circum- stances 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.
6. The Holder of a dishonored Bill or Note shall have the same Remedies for the Recovery of the Expenses incurred in the noting of the same for Non-acceptance or Non-payment, or incurred otherwise by reason of the Dishonor, as he has under this Section for the Recovery of the Amount of the Bill or Note. 7. The Holder of a Bill or Note may, if he thinks fit, obtain one Writ of Summons under the present Provisions against all or any of the Parties to the Bill or Note; and such Writ of Summons shall be the Commencement of a Suit or Suits against the Parties therein named respectively; and all subsequent Proceedings against such respective Parties shall be carried on, as far as may be, as if separate Writs of Summons had issued.
8. The Writ of Summons or its Indorsement must set forth the Claims against the Parties respectively, according to their with Precision. respective alleged Liabilities, with sufficient Precision and Cer- tainty to enable each Defendant to set up any-Defence on which he individually may desire to rely.
Mandamus
CHAPTER XVI. Mandamus.
LXXXV. The Plaintiff in any Action except Replevin and may be claimed Ejectment, may indorse upon the Writ and Copy to be served, a
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