Directory_and_Chronicle_1882 — Page 703

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CODE OF CIVIL PROCEDURE.—HONGKONG.

or otherwise, be heard in answer to the suit, in like mauner as if he had duly entered an appearance within the time limited as aforesaid.

3. When the cause has been called on, the Court may proceed to hear the same ex parte, and may, on the evidence adduced by the plaintiff, give such judgment as appears just; but it shall not be obligatory on the Court to decide ex parte in the absence of the defendant, and it shall be at the discretion of the Court to issue a warrant to arest him and detain him till another day appointed for the hearing of the cause, and, in the meanwhile, to attach his property.

Writs specially Indorsed,

XIII. In all cases in which the defendant is within the jurisdiction of the Court, and the claim is for a debt or Fquidated demand in noney, whether founded on a legal or equitable right, the plaint ft shall be at liberty to make upon the writ of summons and copy thereof, a special endorsement of the particulars and amount of his claim and of any interest payable thereon by law or under any contract expressed or implied, and in default of appearance, he shall be entitled to judgment for any sum not ex- ceeding the sum indorsed on the writ together with interest, if any, payable thereon as aforesaid, to the date of the judgment, and the amount of the taxed costs: Provided always that the Court may, nevertheless, let in the defendant to defend upon an application, supported by satisfactory affidavits accounting for his non-appearance and disclosing a defence upon the merits.

2.-If the defendant has appeared, the plaintiff shall be entitled, upon filing an affidavit verifying the cause of action, and swearing that in his belief there is no defence, to take out a summons to show cause why be should not proceed to judgment and execution, and upon such summons, such order may be made as the justice of the case may require.

3.- In like manner, in cases of ordinary account, as in the case of a partnership, or executorship, or ordinary trust account, where nothing more is required in the first instance than an account, the writ may be specially indorsed, and in default of appearance, or after appearance, unless th defendant shall satisfy the Court that there is really some preliminary question to be tried, an order for the account, with all usual directions, may be forthwith male.

4.-It shall also be lawful for the Court, in such cases, on summary application in Chambers or elsewhere, to direct, if it think fit, any necessary inquiries or accounts, notwithstanding it may appear that there is some special or finther relief sought, or some special matt r to be tried, as to which it may be proper that the suit proceed in the usual manner.

Proceedings by or against Partnership Firms,

XIV. Proceedings by or on behalf of or against a partnership, solely, or jointly, must be taken in the several names of the partners as individuals, and not in the name of the firm or otherwise: Provided always that where some of the members of a partnership carrying on business within the Colony are unknown, or are absent from the Colony, every such partnership may be sued in the nam of any one or more members thereof within the jurisdiction, and every judgment obtained or order made in any such suit shall have the same effect and operation upon the persons and property, both moveable and immoveable, of such partnership and of the several members thereof, whether such property be joint or separate, as if every member of such co-partnership had been actually, and in tact, a defendant in the action, and had been duly served with process, and every such judgment or order may be enforce), as in ordinary cases, of the like nature.

Guardian for Purpose of Suit.

XV.-Where on default made by a defendant in entering an appearance to the suit after due service of the writ of summons, it appears to the Court that he is an infant, or a person of weak or unsound mind (not so found by inquisition), so that he is u able of himself to de end the suit, the Court may, on the application of the plaintiff, or of its own motion, appoint some fit person to be guardian of the defendant for the purpose of the suit, by whom he may defend the same.