Release of Pro- perty attached on Security
being given.
Suit may be re-opened within Two years after Judgment.
Reversal of Judgment not to affect Purchasers.
In what Cases may be prefer- red-In what Form.
To be com- menced by Petition.
Consent of Governor-
Procedure
thereon.
Service of Petition, &c.
Proceedings on Decree.
In what Cases.
Leave to defend.
146
CODE OF CIVIL PROCEDURE-HONGKONG.
26.—The defendant, at any time before any property attached in the suit shall have been sold in satisfaction of the plaintiff's claim, may apply to the Court upon notice of motion for an order to dissolve the attachment 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.
27. The defendant may at any time within two years from the date of the judgment, notwithstanding that the property attached, or any part thereof, shall have been sold in satisfaction of the plaintiff's claim, apply 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 terms as it may deem reasonable.
28. The reversal or setting aside of a judgment, or the dissolving or setting aside of any writ of foreign attachment, or any subsequent proceedings, shall not affect the title of any bona fide purchaser for valuable 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 same nature as claims within the provisions of "The Petitions of Right Act, 1860," may, with the consent of the Governor, be preferred in the Supreme 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 summons, but the suit shall be commenced by the filing and service of the petition upon the Crown Solicitor.
may
3.-The Crown Solicitor shall transmit the petition to the Government, and in case the Governor shall grant his consent as aforesaid, the suit proceed and be carried on under the ordinary procedure provided by this Code.
4. The petition and all other documents, notices, or proceedings, which, in a suit of the same nature 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 Government, no execution shall issue thereon, but a copy of such 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 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 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
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