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CODE OF CIVIL PROCEDURE-HONGKONG.
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 proceedings 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 due 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 exce ding 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 circumstances, 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 Curt to order the bill or note sought to be proceeled on to be forthwith deposited in Court, and further to order that all proceelings be s'ayed until the plaintiff' gives security
fo ce ts.
€.-The holder of a dis:onoured 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, incurred otherwise by reason of the dishonour, 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 issned.
8.--The writ of summons or its indorsement must set forth the claims against the parties respectively, according to their respective alleged liabilities, with sufficient precisen and e rtainty to enable each defen ant to set up any defence on which he in livi tually may desire to rely.
CHAPTER XVI. Mandamus.
LXXXV. The plaintiff in any action except Replevin and Ejectment, may indorse u on the writ and copy to be served, a notice that the plaintiff intends to claim a writ of Mandamus, and the plain iff may thereupon claim in the petition either together with any other demand which may now be enforced in such action, or separately, a writ of Mandamus commanding the defendant to fulfil any duty in the fuifilment of which the plaintiff is personally interest.
2. The petition in such action shall set forth sufficient grounds upon which such claim is founded, and shall set forth that the plaintiff is personally interested therein, and that he sustains, or may sustain, damage by the non-performanes of such duty and that performance thereof has been demanded by him, and reinsed, or neglected. 3.—The proceedings in any action in which a writ of Mandamus is claimed shall be the same in all respects, as nearly as may be, as in an ordinary actin for the recovery of damages.
4.-In case jud ment shall be given for the plaintiff that a Mandumus do issue, it shall be lawful for the Court, if it shal se it to issue a peremptory writ of Mandamus to the defendant, commanding him forthwith to perform the duty to be enforced, and such writ in case of disobedience may be enforced by attachment.
5. The writ of Mandamus need not contain any recita's, but shall simply command the performane of the duty, and in other respects shall be in the form of an ordinary writ of ex cution, except that it shall be directed to the party and not to the Sheriff, and returnable forthwith; and no return thereto, except that of com- pliance, shall be allowed, but time to return it may, upon sufficient grounds, be allowed by the Court, either with or without terms.