Directory_and_Chronicle_1889 — Page 978

Proceedings

where Leave pot obtained.

Betting aside judgment.

Deposit of Bill in Court. Becurity for

Costs.

Holder's

Expenses of noting, &c.

One Writ against all Parties.

Writ must set) forth Claim

154

CODE OF CIVIL PROCEDURE-HONGKONG.

facts as would make it incumbent on the holder to prove consideration, or such other facts as the Court deems sufficient to support the applica- tion, 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 sun mons, together with interest at the rate specified, to the date 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 sut, 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 dishonoured 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, or incurred otherwise by reason of the dishonour, as he has under this section for the recovery of the amount of the bill or note.

7.-The bolder 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; aud all subsequent proceedings against such respective parties shall be carried on, as far as may be, as if s parate writs of summons had issued.

8.-The writ of summons or its indorsement must set forth the claims with Precision. 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.

Mandamus may be claimed by indorsement on the Writ.

What the

Bet forth.

may

LXXXV.—The plaintiff in any action except Replevin and Ejectment, 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, com- manding 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 Petition should 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.

Proceedi thereon.

gs

Judgment and Execution.

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 forth-