698533-1873-Code-of-Civil-Procedure- — Page 5

474 THE HONGKONG GOVERNMENT GAZETTE, 4TH OCTOBER, 1873.

Service of

Writ.

Time for

I

Of Summoning the Defendant.

X. The Plaintiff shall cause a Copy of the Writ of Summons to be served on the Defendant, and such Copy shall contain a Memorandum endorsed thereon requiring the Defendant to enter an Appearance to the Suit within Eight Days from the Day of such Service, or in Cases of Service out of the Jurisdic- tion, within such Time as the Court shall have ordered; and every such Writ shall, within Eight Days after the Service thereof, or in Cases of Service out of the Jurisdiction, within such Time as the Court shall have ordered, be returned into the Re- gistrar's Office with a Memorandum endorsed thereon of the Date and Mode of Service.

Appearance.

XI. The Defendant shall within Eight Days from the Day of Appearance. Service upon him of the Writ of Summons, or in Cases of Service out of the Jurisdiction, within such Time as the Court shall have ordered, cause an Appearance to the Suit to be entered for him in the Supreme Court.

Further Service of

2. In all Cases of Service of a Writ of Summons out of the Jurisdiction, the Entry of Appearance thereto shall specify the Proceedings Name and Address of some Attorney, Agent, or other Person within the Jurisdiction on whom substituted 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

on absent Defendant.

Proceeding ez

appearance.

had been entered.

Consequences of Non-Appearance.

XII. If the Defendant shall fail to enter an Appearance within parte on Non- the Time hereinbefore 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

Subsequent Appearance.

Discretion of the Court as

ex parte.

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 er parte, and may, on the Evidence adduced to Proceeding 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.

In what Cases.

Writs 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 liqui- dated 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 Indorsement of the Parti- culars 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 to- gether 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 in the De- fendant to defend upon an Application, supported by satisfactory withstanding. Affidavits accounting for his Non-appearance and disclosing a

Defence upon the Merits.

Judgment in

Default of Appearance.

Leave to

defend not-

Proceedings in Case of

2. If the Defendant has appeared, the Plaintiff shall be entitled, upon filing an Affidavit verifying the Cause of Action, and swear- Appearance. ing 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.

Cases of ordinary Account.

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 Ac- count, the Writ may be specially indorsed, and in Default of Ap- pearance, 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.