Directory_and_Chronicle_1898 — Page 401

Setting aside Judgment.

Deposit of Bill in Court. Security for Costa.

Holder's Expenses of noting, &c.

One Writ against all Parties,

Writ must set forth Claim

with Precision.

Mandamus

may be claimed by indorsement on the Writ.

What the

set forth.

344

CODE OF CIVIL PROCEDURE-HONGKONG

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.-A'ter 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 suit, if it appears to the Court reasonable so to do, on such terms as to the Court may seem just.

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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 b 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 o the dishonour, as he has under this section for the recovery of the amount of the bill or note.

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7. The holder 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 ommencement of a suit or suits against the parties therein named r spectively; and all subsequent proceedings against such respective parties shall be carried on, as far as may be, as if separate writs of summous had issued.

8.- The writ of summons or its indorsement must set forth the claims against the parties respectively, according to their respective al- leged liabilities, with sufficient precision and certainty to enable each defendant to set up any defence on which he individually may desire to rely.

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CHAPTER XVI.

Mandamus

LXXXV. The plaintiff in any action except Replerin and Eject ment may

indorse upon

the writ and copy to be served a hot ee that the plain- tiff intends to claim a writ of Mandamus, and the plaintiff may thereupon chim in the petition either together with any othe demand w ich may now be enfore d in such ac ion, 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 so claim is founded, and shall set forth that the plaintiff is personally interested there'n, and that he sustains, or may sustain, damage b. the non-performance of such duty and that performance thereof has been demanded by him, and refused or neglected.

Proceedings thereon.

Judgment and Execution,

Form of Writ.

Return of.

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

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4.-In case judgment shall be gi en or the plaintiff that a MondamUS do issue, it shall be lawful for th Court, if it shall se fit, to issue a peremptory writ of Mandanus to the defendant commanding him forth- with to per orm the duty to be enforced, and such writ in case of dis- obedience may be enforced by attachment.

5. The writ of Manduikus need not contain any recitais, but shall simpl、 command the performance of the duty, and in other respec's shall be in the orm of an ordinary writ of execution, except that it shall be directed to the party and not to the Sheriff, and returnable f thwith; anl no return thereto, except that of compliance, shall be allowed, but time to return it may, upon sufficient grounds, be allowed by the Court, either with or without terms.

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