56 THE HONGKONG GOVERNMENT GAZETTE, 28TH JANUARY, 1893.
(8) Where a judgment or order is against a firm, execu-
tion may issue-
(a) Against any property of the partnership withiu
the jurisdiction;
(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 judg- ment against a firm shall not render liable, release, or other- wise affect any member thereof who was residing out of the jurisdiction when the writ was issued, and who has not been served with or appeared to the writ.
(9) Debis owing from a firm carrying on business within the jurisdiction may be attached under section 76 of the Code of Civil Procedure, 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 member pursuant to an order shall be a sufficient appearance by the firm.
(10) The provisions of this Section shall apply to suits 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 business 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 juris- diction 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 provi- sions 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 commenced on or after the
day of 1898.
Objects and Reasons.
Proceedings by and against partnership firms have, in this Colony, since 1873, been regulated by Section 14 of the Hongkong Code of Civil Procedure.
That law has not worked quite satisfactorily. In England a new set of Rules dealing fully with this subject came into operation on 1st July, 1891.
The embodiment of those Rules in the Hongkong Code, in lieu of Section 14, seems a desirable improvement in our law and this Bill, which has been submitted to the Judges of the Supreme Court and approved by them, effects that object. This amendment of the Code should amongst other things facilitate the collection of debts from Chinese firms trading, as they often do, under styles which do not reveal the names of the partners.
W. MEIGH GOODMAN, Attorney General,
No comments yet.
Private notes are available after approval.