Directory_and_Chronicle_1895 — Page 375

CODE OF CIVIL PROCEDURE-HONGKONG

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absolute decree for any sum not exceeding the sum indorsed on the writ of summons, together with interest at the rate specified, to the date of the judgment, and with costs.

4.-Alter judgment the Court may, under special circumstances, set Setting aside aside the judginent, and may stay or set aside execution, and

may give Judgment.

leave to defend the suit, 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 Deposit of Bill Court to order the bill or note sought to be proceeded on to be forthwith in Court. deposited in Court, and further to order that all proceedings be stayed Costs. until the plaintiff gives security for costs.

Security for

noting, &c.

6. The holder of a dishonoured bill or note shall have the same Holder's remedies for the recovery of the expenses incurred in the noting of the Expenses of 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.

Parties.

7. The holder of a bill or note may, if he thinks fit, obtain one writ one Writ of summons under the present provisions against all or any of the parties against all 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; and all subsequent proceedings against such respective parties shall be carried on, as far as may be, as if separate writs of summons had issued.

8.-The writ of summons or its indorsement must set forth the writ must set claims against the parties respectively, according to their respective al forth Claim leged 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.

with Precision..

LXXXV. The plaintiff in any action except Replevin and Ejectment Mandamus may indorse upon the writ and copy to be served a notice that the plain- may be claimed by indorsement tiff intends to clain a writ of Mandamus, and the plaintiff may thereupon on the Writ. 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.

Petition should

2. The petition in such action shall set forth sufficient grounds upon What the which such claim is founded, and shall set forth that the plaintiff is set forth. personally interested therein, and that he sustains, or may sustain, damage by the non-performance of such duty and that per:ormance thereof has been demanded by him, and refused, or neglected.

thereon.

3. The proceedings in any action in which a writ of Mandamus is Proceedings claimed shall be the same in all respects, as nearly as may be, as in an ordinary action for the recovery of damages.

Execution.

4.-In case judgment shall be given for the plaintiff that a Mandamus Judgment and 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- with to perform the duty to be enforced, and such writ in case of dis- obedience may be enforced by attachment.

5. The writ et Mandamus need not contain any recitais, but shall Form of Writ. simply command the performance of the duty, and in other respects shall be in the form of an ordinary writ of execution, except that it shall be directed to the party and not to the Sheriff, and returnable fothwith; and no return thereto, except that of compliance, shall be allowed, but Return of. time to return it may, upon sufficient grounds, be allowed by the Court, either with or without terms.