Directory_and_Chronicle_1877 — Page 747

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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 exceeding the sum indorsed on the writ of summons, together with interest at the rate specified, to the dat 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 Court to order the bill or note sought to be proceeded on to be forthwith deposited in Court, and further to order that all proceedings be stayed until the plaintiff gives security for costs.

6. The holder of a dishonored 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 dishonor, as he has under this section for the recovery of the amount of the bil 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 issued.

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 precision and certainty to enable each defendant to set up any defence on which he individually may desire to rely.

CHAPTER XVI. Mandamus.

LXXXV. The plaintiff in any action except Replevin and Ejectment, may indorse upon the writ and copy to be served, a notice that the plaintiff intends to claim a writ of Mandamus, and the plaintiff 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 fulfilment of which the plaintiff is personally interested.

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-performance of such duty and that performance thereof has been demanded by him, and refused, 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 action for the recovery of damages.

4.--In case judgment shall be given for the plaintiff that a Mandamus do issue, it shall be lawful for the Court, if it shall see fit 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 recitals, but shall simply command the performance of the duty, and in other respects shall be in the form of an ordinary writ of execution, except that it shall be directed to the party and not to the Sheriff, and returnable forthwith; and to return thereto, except that of compliance, shall be allowed, but time to return it may, upon sufficient grounds, be allowed by the Court, either with or without terms.