Directory_and_Chronicle_1890 — Page 142

How Firms to te sued.

Powers of Court as to Infant Defendants

∙ensound Mind.

112

CODE OF CIVIL PROCEDURE—HONGKONG,

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 partner- ship may

be sued in the name 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 person 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 fact, a defendant in the action, and had been duly served with process, and every such judg ment or order may be enforced as in ordinary cases of the like nature.

Guardian for Purpose of Suit.

XV. Where on default made by a defendant in entering an appear- ance to the suit after due service of the writ of summons, it appears to and Fersons of the Court that he is an infant, or a person of weak or unsound mind (not so found by inquisition), so that he is unable of himself to defend 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.

Notice and

thereof.

2.--No such order shall be made except on notice, after expiration of Mode of Service the time for appearance, and four days at least before the day named in the notice for the hearing of the application; such notice shall be left at the dwelling-house of the person with whom or under whose care the defendant was at the time of service of the writ of summons, and also, in the case of an infant not residing with or under the care of his father or guardian, served on or left at the dwelling-house of such father or guardian, unless the Court thinks fit in any case to dispense with such last-men- tioned service.

In Suit for moveable

Property [8e€ 1.91

Application

for Security.

Warrant

bring up Defendant.

Bail for -Appearance

CHAPTER II.--ARREST OF ABSCONDing DefendANT-INTERIM ATTACHMENT-INJUNCTIONS-DETENTION OF SHIPS.

Arrest of Absconding Defendant.

XVI.-If in any suit, not being a suit for land or other immoveable property, the defendant is about to leave the jurisdiction of the Court, or has disposed of or removed from the jurisdiction of the Court his proper- ty, or any part thereof, the plaintiff may, either at the institution of the suit, or at any time thereafter until final judgment, make an application to the Court that security be taken for the appearance of the defendant to answer any judgment that may be passed against him in the suit.

2. If the Court, after making such investigation as it may consider necessary, shall be of opinion that there is probable cause for believing that the defendant is about to leave its jurisdiction, or that he has dis posed of or removed from the jurisdiction of the Court his property, or any part thereof, and that in either case, by reason thereof, the execution of any decree which may be made against him is likely to be obstructed or delayed, it shall be lawful for the Court to issue a warrant to the sheriff enjoining him to bring the defendant before the Court that he may show cause why he should not give good and sufficient bail for his appearance.

3.-If the defendant fail to show such cause, the Court shall order him to give bail for his appearance at any time when called upon while the suit is pending, and until execution or satisfaction of any decree that may be passed against him in the suit; and the surety or sureties shall undertake, in default of such appearance, to pay any sum of money that may be adjudged against the defendant in the suit, with costs.