Directory_and_Chronicle_1885 — Page 807

Time for Appearance.

Fumber Service

on absent

Defendant

107

CODE OF CIVIL PROCEDURE-HONGKONG

Appearance.

XI. The defendant shall within eight days from the day of service upon him of the writ of summons, or in cases of service out of the jurisdic- tion, within such time as the Court shall have ordered, cause an appearance to the suit to be entered for him in the Supreme Court.

2.-.In all cases of service of a writ of surumens out of the jurisdiction, of Proceries the entry of appearance thereto shall specify the name and address of some attorney, agent, or other person within the jurisdiction on whom sub- stituted service of all fur.her process against the defendant in the suit may be effected while the defendant remains out of the jurisdiction, and in default thereof, the Court may proceed with the suit as if no appearance bad been entered.

Proceeding ** parts on Yon. *ppearance

Subsequent Appearance.

Discretion of The Court ag to proceeding er parte.

In what Cases.

Comarqueurer of Now-A, prozance.

XII-If the defendant chall fail to euhr an appearance within the time hereinbefore limited in that behalf, and it shall be proved to the satisfaction of the Court the the writ was duly reved, the Court may give leave to the plaintiff to prorced with the suit or poste. The plaintiff may thereupon file his petition and apply forthwith to have the cause set down for hearing.

2.– If the defendant enter an appearance at any time before the hearing of the suit, he may, upon such terms as the Court may direct as to the payment of costs or otherwise, be heard in answer to the suit, in like manner as if he had duly entered an appearance within the time limited as aforesail.

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

Writs specially Indorned,

XIII. In all cases in which the defendant is within the jurisdiction of the Court, and the claim is for a debt or liquidated demand in money, whether founded on a legal or equitable right, the plaintiff 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 exceeding 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 Leave to defend in the defendant to defend upon an application, supported by satisfactory notwithstandiu affidavits accounting for his non-appearance and disclosing a defence upon

Judgment in Defiult of Appearance.

Proceedings to Chee of Appearance.

Ca es of ordinary Account.

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 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.

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8.—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 the 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 made.