THE HONGKONG GOVERNMENT GAZETTE, 4TH OCTOBER, 1873.
4. It shall also be lawful for the Court, in such Cases, on sum- Summary mary Application in Chambers or elsewhere, to direct, if it think Order for fit, any necessary Inquiries or Accounts, notwithstanding it may Accounts, &c. appear that there is some special or further Relief sought, or some special Matter to be tried, as to which it the Suit should proceed in the usual Manner.
be
may proper
Proceedings by or against Partnership Firms.
that
XIV. Proceedings by or on behalf of or against a Partnership, How Firms to solely or jointly, must be taken in the several Names of the Part- be sued. ners as Individuals, and not in the Name of the Firm or other- wise: Provided always that where some of the Members of a Partnership carrying on Business within the Colony are unknown, or are absent from the Colony, every such Partnership may be sued in the Name of any one or more Members thereof within the Jurisdiction, and every Judgment obtained, or Order made in any such Suit shall have the same Effect and Operation upon the Per- sons and Property, both moveable and immoveable, of such Partnership and of the several Members thereof, whether such Property be joint or separate, as if every Member of such Copartnership had been actually and in fact a Defendant in the Action, and had been duly served with Process, and every such Judgment or Order may be enforced as in ordinary Cases of the like Nature.
Guardian for Purpose of Suit.
Defendants
unsound Mind.
XV. Where on Default made by a Defendant in entering an Power of Court Appearance to the Suit after due Service of the Writ of Sum- as to Infant mons, it appears to the Court that he is an Infant, or a Person of and Persons of weak or unsound Mind (not so found by Inquisition), so that he is unable of himself to defend the Suit, the Court may, on the Application of the Plaintiff, or of its own Motion, appoint some fit Person to be Guardian of the Defendant for the Purpose of the Suit, by whom he may defend the same.
2. No such Order shall be made except on Notice, after Notice and Expiration of the Time for Appearance and Four Days at least Mode of Ser- before the Day named in the Notice for the Hearing of the vice thereof. Application; such Notice shall be left at the Dwelling-house of the Person with whom or under whose Care the Defendant was at the Time of Service of the Writ of Summons, and also, in the Case of an Infant not residing with or under the Care of his Father or Guardian, served on or left at the Dwelling-house of such Father or Guardian, unless the Court thinks fit ia any Case to dispense with such last-mentioned Service.
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CHAPTER II.
ARREST OF ABSCONDING DEFENDANT-INTERIM ATTACHMENT-ÎNJUNCTIONS-)
-DETENTION OF SHIPS.
Arrest of Absconding Defendant.
XVI. Ifin any Suit, not being a Suit for Land or other immove-In Suits for able Property, the Defendant is about to leave the Jurisdiction moveable of the Court, or has disposed of or removed from the Jurisdiction Property.
[Sec s. 94.] of the Court his Property, or any Pare thereof, the Plaintiff may, either at the Institution of the Suit, or at any Time thereafter until final Judgment, make an Application to the Court that Security be taken for the Appearance of the Defendant to answer any Judgment that may be passed against him in the Suit.
2. If the Court, after making such Investigation as it may Application consider necessary, shall be of Opinion that there is probable for Security. Cause for believing that the Defendant is about to leave its Juris- diction, or that he has disposed of or removed from the Jurisdic- tion of the Court his Property, or any Part thereof, and that in either Case, by reason thereof, the Execution of any Decree which may be made against him is likely to be obstructed or delayed,
it shall be lawful for the Court to issue a Warrant to the Sheriff warrant to enjoining him to bring the Defendant before the Court, that he bring up may show Cause why he should not give good and sufficient Defendant. Bail for his Appearance.
3. If the Defendant fail to show such Cause, the Court shall Bail for order him to give Bail for his Appearance at any Tiine when Appearance. called upon while the Suit is pending, and until Execution or Satisfaction of any Decree that may be passed against him in the Suit; and the Surety or Suretics shall undertake, in Default of such Appearance, to pay any Sum of Money that may be adjudged against the Defendant in the Suit, with Costs.
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