CODE OF CIVIL PHEDULE-HNG ONG.
x
CAPANCË.
113
XI. – The defendent sh:11 v/?t eight days from the day of service Time for upon him of the writ of siammons, or in cazes of service out of the jurisdie. Appearance. tion, within such time as the Court she il lave ordered, cause an appearance
to the suit to be entered for him in the Supreme Court.
of Fro» cedings on abs at
2. — In all cases of service of a writ of suviu ons out of the jurisdiction, Further Service the entry of appearate thereto shall seify the dome and address of some attorney, agent, or other person within the jurisdiction on whom sub. Detendent. stituted servie of all turther proces against the defendant in the suit may be effected while the defondant ren is out of the juris liction, and in default thereof, the Court may proceed with the suit as it no appearance bsd been entered.
Conse,tences of Non-A, pearance
appearance,
XII. If the defen ant shell Fail tener an aqorated within the Procedings er time hereinb.fore limited in that beh dễ, and it shall be proved to the perte on Non- satisfaction of the Court that the writ was duly serve 1, the Court may give leave to the plaintiï to proces i with the suit or parte. The
parte. The plaintiff may thereupon file his petition and apply forthwith to have the cause set down for hearing.
2. If the defendant enter an apearance at any time before the subsequent hearing of th suit, he may, upon such terms as the Court nry direct as Apperance. to the payment of costs or otherwise, be heard in answer to the suit, in ike manner as if he had dudy entered an appearance within the time limited as aforesaid.
the Court ag
ty proceding iæ parte,
3.- When the cause has been called on, the Court may proceed to Discretion of hear the same er parte, and may, on the evidene a duced by the plain iff, give such ju gment as appears just; but it shall not be obligate ry on the Cour, to decide ex parte in the absence of the dendant and it shd! beat the discretion of the Court to issue a warant toartest him and d- tain him
till another day appointed for the hearing of the cause, and, in the mean- while, to attach his property.
Writ specially Italorsed,
Im
XIII-In all cases in which the defe dout is within the jurisdiction in what Coses. of the Court, and the claim is for a debt or liquidated den and in money, wh ther founded on a legal or equitable right, the plaintiff shall be at lenty to make upon the wait of summons and copy thereof a special endorsement of the particnlays and amount of his claim and of any interest payable thereon by law or under any contract expressed or implied, and ind fault of appearance he shall be cutith d to judgment for any sum not Judgment in exceeding the sum indorsed on the writ together with interest, if any, Appearance. payable thereon as a'oresa'd, to the date of the judgment, an i the amount of the taxed costs: Proviiel always that the Court may, nevertheless, let in the defendant to defend upon an application, supported by satisfactory Lonse to defend affidavits accounting for his non-appearance and disclosing a defence upon the merits.
Default of
notwithstanding.
1. Case of
2.-If the defendant has appeared, the plai tiff shall be entitled, upon Proceedings filing an allidavit verifying the cause of action, and swearing that in his Appearance. belief there is no defence, to take out a summons to show cause why he should not proceed to judgment and execution, and upon such summons, such order may be made as the justice of the case may require.
ordinary
3.-In like manner, in cases of ordinary account, as in the case of a Cases of partnership, or executorship or ordinary trust account, where nothing more Account. is required in the first instance than an account, the writ may be specially indorsed, and in default of appearance, or after appearance, unless the defendant shall satisfy the Court that there is really some preliminary question to be tried, an order for the accom it, with all usual directions, may be forthwith made.