CODE OF CIVIL PROCEDURE-HONGKONG.
153
perty attached
26.—The defendant, at any time before any property attached in the Release of Pro- suit shall have been sold in satisfaction of the plaintiff's claim, may apply on Security to the Court upon notice of motion for an order to dissolve the attachment being given. under the writ as to the whole or any part of the property attached, upon security being given 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.
re-opened
Ju igment.
27.-The defendant may at any time within two years from the date Suit may be of the julgment, notwithstanding that the property attached, or any part within 'w> thereof, shall have been sold in satisfaction of the plaintiff's claim, apply years after 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 shall 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 term, as it may deem reasonable.
Jndgment
28. The reversal or setting aside of a judgment, or the dissolving Reversal of or setting aside of any writ of foreign attachment, or any subsequent mot to affect proceedings, shall not affect the title of any bona fide purchaser for valuable Purchasers. 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 In what Cases may be prefer- same nature as claims within the provisions of "The Petitions of Right Act, red-In what 1860," may, with the consent of the Governor, be preferred in the Supreme Form. 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 To be com menced by summous, but the suit shall be commenced by the filing and service of the Petition. petition upon the Crown Solicitor.
Governor-
3.-The Crown Solicitor shall transmit the petition to the Government, Consent of and in case the Governor shall grant his consent as aforesaid, the suit may Procedure proceed and be carried on under the ordinary procedure provided by this thereon, Code.
Petition, &a..
4. The petition and all other documents, notices, or proceedings, Service of which, in a suit of the same nture 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 Proceedings on Government, no execution shall issue thereon, but a copy of such decree 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.-Suit on Bills of Exchange or Promissory Notes. instituted In what Cases, within six months after the same become 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. Leave to defend, 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