Directory_and_Chronicle_1898 — Page 400

CODE OF CIVIL PROCEDURE-HONGKONG

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27. The defendant may at any time within two years from the date Sait may be

re-opened of the judgment, notwithstanding that the property attached, or any part within two thereof, shall have been sold in satisfaction of the plaintiff's claim, apply years after

Judgment. 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 ma de 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 detence, 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 Reversal of

Judgment or setting aside of any writ of foreign attachment, or any subsequent not to affect proceedings, shall not affect the title of any bond fide purchaser for valuable Purchasers, 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 In what Cases may be prefer- same nature as claims within the provisions of "The Petitions of Right red-lu what Act, 1860," may, with the consent of the Governor, be preferred in the Form. Supreme Court, in a suit instituted by the claimant as plaintiff against "The Attorney-General" as defendant.

menced by

2.-It shall not be necessary for the plaintiff to issue a writ of To be com. summons, but the suit shall be commenced by the filing and service of the Petition. petition upon the Crown Solicitor.

Procedure

3he Crown Solic.tor shall transmit the petition to the Govern- Consent of ment, and in case the Governor shall grant his consent as aforesaid, the Governor- suit may proceed and be carried on under the ordinary procedure provided thereon. by this Code.

Petition, &c.

4. The petition and all other documents, notices, or proceedings, Bervice of 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.

Decree,

. Whenever in any such suit a decree shall be made against the Proceedings on Government, no execution shall issue thereon, but a copy of such decre 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.-Suits on Bills of Exchange or Promissory Notes, in- in what Cases. stituted 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 Leave to defend, of the writ of smmons, give the defendant leave to defend the suit on his paying into Court the sam indorsed, or on evidence on oath showing to the satisfaction of the Court a good legal or equitable defence, or such 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.

where Leave

3.-If the delendant does not so obtain leave to defend, the plaintiff, Proceedings on proof of due service of the writ of summons, shall be entitle, as of not obtained.

course at any time after the expiration of such seven days, to an imme liate

Digitized by ooge

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