CODE OF CIVIL PROCEDURE-HONGKONG.
167
think fit, either under th`s provision or the provisions of this Code relating to adverse claims and to claims to attached property.
24.—The Court may stay proceedings in any suit commenced against a garn shee in respect of property attached in his hands, upon such terms as it shall think fit.
25.-The Court at any time before judgment, upon be ng satisfied by affidavit or otherwise that the de:endant has a substantial ground of defence, it her wholly or in part, to the suit on the merits, may give leave to the defendant to defend the suit, without prejudice to the attachment under the writ.
26.—The defendant, at any time before any property attac' ed in the suit shall have been sold in satisfaction of the plaintiff's claim, may apply to the Court up n notice of motion for an order to di-solve the attachment under the writ as to the whole or any part of the property attached, upon security being giving to answer the plaintiff's claim, and the Court may make such order, either absolutely or upon such terms as it may deem reasonable, and in the meanwhile may stay or postpone any sale.
27.—The defendant may at any time within two years from the date of the judg. ment, notwithstanding that the property attached, or any part thereof, shall have been sold in satisfaction of the plaintiff's claim, apply to the Court upon notice of motion for an order to set aside the judgment and for the re-hearing of the suit, and for leave to defend the same; and if it s all appear to the satisfaction of the Court that the defendant had no notice or knowledge of the suit, and could not reasonably have made an earlier application to the Court, and that he had at the time of the obtaining of the judgment and still has a substantial ground of defence, either wholly or in part, to the suit on the merits, it shall be lawful for the Court to grant such order upon such terms as it may deem reasonable.
28.--The reversal or setting aside of a judgment, or the disso'ving or setting aside of any writ of foreign attachment, or any subsequent proceedings, shall not affect the title of any bond fide purchaser for valuable consideration of any property sold in satisfaction of the plaintiff's claim.
CHAPTER XIV.
Claims against the Government.
LXXXIII. -All claims against the Government of the Colony of the same nature as claims within the provisions of "The 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.
2. It shall not be necessary for the plaintiff to issue a writ of summons, but the suit shall be commenced by the filing and service of the petition upon the Crown Solicit r.
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 a: d all other documents, notices, or proceedings, which, in a suit of the same nature between private parties would be required to be served upon the defen lant, 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 decr e 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 Bi'ls of Exchange or Promissory Notes, instituted within six months after th same becam due and payable, may be heard and determined in a summary way as hereinafter is provid d.
2.-Te 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