Directory_and_Chronicle_1896 — Page 382

Title.

342

CODE OF CIVIL PROCEDURE-HONGKONG

ORDINANCE No. 5 of 1893.

An Ordinance enacted by the Governor of Hongkong, with the advice and consent of the Legislative Council thereof, to amend The Hongkong Code of Civil Procedure.

[17th February, 1893.

Preamble. (No. WHEREAS it is expedient to amend the Hongkong Code of Civil Procedure 13 of 1873.)

so far as relates to suits by and against persons carrying on business in names other than their own.

Repeal of

Section XIV. of Ordinance

Be it enacted by the Governor of Hongkong, with the advice and consent of the Legislative Council thereof, as follows:-

1. Section XIV. of the Hongkong Code of Civil Procedure is hereby repealed, but such repeal shall not affect anything done or suffered there- No. 13 of 1873. under, nor any suit or proceeding to which this Ordinance does not apply. 2. In lieu of the section hereby repealed the following section shall be read and substituted, viz. :—

Substitution

of new section.

Disclosure of

&c.

Proceedings by or against Firms.

XIV. (1) Any two or more persons claiming or being liable as partners' names, co-partners and carrying on business within the jurisdiction may sue or be sued in the name of the respective firms, if any, of which such persons were co-partners at the time of the accruing of the cause of actiug; and any party to a suit may in such case apply by summons to a judge for a statement of the names and addresses of the persons who were, at the time of the accruing of the cause of action, co-partners in any such firm, to be furnished in such manner, and verified on oath or otherwise, as the Judge may direct,

Where firm sues, declaration of

&c., to be made.

(2) When a writ is sued out by partners in the name of their firm, partners' names, the plaintiffs or their solicitors shall, on demand in writing by or on behalf or any defendant, forthwith declare in writing the names and places of residence of all the persons constituting the firm on whose behalf the suit is brought. And if the plaintiff's or their solicitors shall fail to comply with such demand, all proceedings in the suit may, upon an application for that purpose, be stayed upon such terms as the Court or a Judge may direct. And when the names of the partners are so declared, the suit shall proceed in the same manner and the same consequences in all respects shall follow as if they had been named as the plaintiffs in the writ. But all the proceedings shall, nevertheless, continue in the name of the firm.

Service.

Notice, in what

(3) Where persons are sued as partners in the name of their firm under sub-section (1), the writ shall be served either upon any one or more of the partners or at the principal place, within the jurisdiction, of the business of the partnership upon any person having at the time of service the control or management of the partnership business there; and, subject to this section, such service shall be deemed good service upon the firm so sued, whether any of the members thereof are out of the jurisdiction or not, provided that in the case of a co-partnership which has been dissolved to the knowledge of the plaintiff before the commence- ment of the suit, the writ of summons shall be served upon every person within the jurisdiction sought to be made liable.

(4) Where a writ is issued against a firm, and is served as directed capacity served. by sub-section (3), every person upon whom it is served may be informed by notice in writing given at the time of such service whether he is served as a partner or as a person having the control or management of the partnership business, or in both characters. In default of such notice, the person served shall be deemed to be served as a partner.

Appearance of partners.

·

(5) Where persons are sued as partners in the name of their firm, they shall appear individually in their own names; but all subsequent proceedings shall, nevertheless, continue in the name of the firm.