Directory_and_Chronicle_1902 — Page 417

Further Service

on

Defendant.

314

CODE OF CIVIL PROCEDURE-HONGKONG

2. In all cases of service of a writ of summons out of the jurisdiction, of Proceedings the entry of appearance thereto shall specify the name and address of some attorney, agent, or other person within the jurisdiction on whom sub- stituted service of all further process against the defendant in the suit may be effected while the defendant remains out of the jurisdiction, and in default thereof, the Court may proceed with the suit as if no appearance had been entered.

Proceedings ez parte on non- appearance.

Subsequent appearance,

Discretion of the Court as to proceeding ex parte,

In what cases.

Consequences of Non-Appearance

XII.-If the defendant shall fail to enter an appearance within the time herein before limited in that behalf, and it shall be proved to the satisfaction of the Court that the writ was duly served, the Court may give leave to the plaintiff to proceed with the suit ex parte. The plaintiff may thereupon file his petition and apply forthwith to have the cause set down for hearing,

2. If the defendant enter an appearance at any time before the hearing of the suit, he may, upon such terms as the Court may direct as to the payment of costs or otherwise, be heard in answer to the suit, in like manner as if he had duly entered an appearance within the time limited as aforesaid.

3. When the cause has been called on, the Court may proceed to hear the same ex parte, and may, on the evidence adduced by the plaintiff, give such judgment as appears just, but it shall not be obligatory on the Court to decide ex parte in the absence of the defendant, and it shall be at the discretion of the Court to issue a warrant to arrest him and detain him till another day appointed for the hearing of the cause, and, in the mean- while, to attach his property.

Writ specially Indorsed

XIII. In all cases in which the defendant is within the jurisdiction of the Court, and the claim is for a debt or liquidated demand in money, whether founded on a legal or equitable right, the plaintiff shall be at liberty to make upon the writ of summons and copy thereof a special endorsement of the particulars and amount of his claim and of any interest payable thereon by law or under any contract expressed or implied, and in default of appearance he shall be entitled to judgment for any sum not exceeding the sum indorsed on the writ together with interest, if any, payable thereon as aforesaid, to the date of the judgment, and the amount of the taxed costs: Provided always that the Court may, nevertheless, let Leave to defend in the defendant to defend upon an application, supported by satisfactory notwithstanding, affidavits accounting for his non-appearance and disclosing a defence upon

the merits.

Judgment in default of appearance.

Proceedings in case of appearance,

Cases of ordinary account.

Summary Order for socount,

&c.

2. If the defendant has appeared, the plaintiff shall be entitled, upon filing an affidavit verifying the cause of action, and swearing that in his belief there is no defence, to take out a summons to show cause why he should not proceed to judgment and execution, and upon such summons, such order may be made as the justice of the case may require.

3.-In like manner, in cases of ordinary account, as in the case of a partnership, or executorship or ordinary trust account, where nothing more is required in the first instance than an account, the writ may be specially indorsed, and in default of appearance, or after appearance, unless the defendant shall satisfy the Court that there is really some preliminary question to be tried, an order for the account, with all usual directions, may be forthwith made.

4.-It shall also be lawful for the Court, in such cases, on summary application in Chambers or elsewhere, to direct, if it thinks fit, any neces- sary inquiries or accounts, notwithstanding it may appear that there is some special or further relief sought, or some special matter to be tried, as to which it may be proper that the suit should proceed in the usual mauner.

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