Directory_and_Chronicle_1898 — Page 409

No appearance except by partners.

Appearance

person served as partuer.

352

CODE OF CIVIL PROCEDURE-HONGKONG

(6) Where a writ is serve under sub-section (3) upon a person having the control or management of the partnership business, no appearance by him shall be necessary unless he is a m mber of the firm

sued.

(7) Any person served as a partner under sub-section (3) may enter under protest of an appearance under protest, denying that he is a partner, but such appearance shall not preclude the plaintiff from otherwise serving the firm and obtaining judgment against the firm in default of appearance if no partner has entered an appearance in the ordinary form.

Execution of judgment against a firm.

Attachment of debts owing from a firm.

Application of this section to snits between co-partners.

Application of this section to persoa vid ding as a firm.

Application of

(8) Where a judgment or order is against a firm, execution may

issue-

(a) Against any property of the partuership within the juris-

diction;

(b) Against any person who has appear d in his own name nuder sub-section (5) or (6), or who has admitted on the plea ings that he is, or who has been adju ged to be, a partner;

(c) Against any person who has been individually served, as a partner, with the writ of summous, and has failed to appear.

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If the party who has obtained judgment or an order claims to be entitl d to issue execution against any other person as being a member of the firm, he may apply to the Court or a Judge for leave so to do; and the Court or Judge may give such leave if the liability be not disputed, or if such lability disputed may order that the bability of such person be tried and determined in any manner in which an issue or question in a suit may be tri. d and determine 1. But except as against any property of the partnership, a judgment against a firm shall not render liable, release, or otherwise affet any member thereof who was residing out of the juris- dietion when the writ was issued, and who has not been served with ou appeare, to the writ.

(9) Debts owing from a firm carrying ou business within the juris- dietion may be attached under section 76 of the Code of Civil Procedure, alch ugh one or more members of such firm may be resident abroad; provided that any person having the control or management of the partnership business or any member of the firm within the jurisdiction is served with a prohibitory order. An appearance by any member pursuant to an order shall be a sufficient appearane by the firm.

(10) The provisions of this Section shall apply to saits between a firm and one or more of its members, and to suits between firms having one or more members in common, provided such firm or firms carry on busi- ness within the jurisdiction, but no execution shall be issued in such suits without leave of the Court or a Judge, and on an application for leave to issue such execution all such accounts and inquiries may be directed to be taken and made, and directions given, as may be just.

(11) Any person carrying on business within the jurisdiction in a name or style other than his own name may be sued in such name or style as if it were a firm name; and, so far as the nature of the case will permit, all the provisious of the said Code and of this Section relating to proceedings against firms shall apply.

3. This Ordinance shall apply to all suits in the Supreme Court com-

this Ordinance. menced on or after the 1st day of March, 1893.

NOTE.-By Resolution passed by the Legislative Council on 8th November, 1897, sub-section 2 of section 13 was amended by the addition after the words "upon filing an affidavit" of the words "made by himself or by any other person who can swear positively to the facts.”

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