Directory_and_Chronicle_1900 — Page 419

CODE OF CIVIL PROCEDURE-HONGKONG

359

6) Where a writ is served under sub-section (3) upon a person No appearance having the control or management of the partnership business, no except by appearance by him shall be necessary unless he is a member of the firm sued.

partners.

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

partner.

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

issue-

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

diction ;

(b) Against any person who has appeared in his own name under sub-section (5) or (6), or who has admitted on the pleadings that he is, or who has been adjudged to be, a partner;

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

appear.

If the party who has obtained judgment or an order claims to be entitled 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 liability be disputed may order that the liability of such person be tried and determined in any manner in which any issue or question in a suit. may be tried and determined. But except as against any property of the partnership, a judgment against a firm shall not render liable, release, or otherwise affect any member thereof who was residing out of the juris- diction when the writ was issued, and who has not been served with or appeared to the writ.

judgment against a firm.

(9) Debts owing from a firm carrying on business within the juris. Attachmen diction may be attached under section 76 of the Code of Civil Procedure, debts owing although 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 mero ber pursuant to an order shall be a sufficient appearance by the firm.

suits between

(10) The provisions of this Section shall apply to suits between a Application of firm and one or more of its members, and to suits between firms having one this section to or more members in common, provided such firm or firms carry on busi- co-partners. 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 provisions 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- 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."

Application of

as a firm,

this section to person trading

Application of this Ordinance,