716942-1864-HONGKONG-ANNO-VICESIMO-OCTAVO-VICTORIE-REGINE-NO--OF-1864- — Page 4

301

Title.

Preamble.

THE HONGKONG GOVERNMENT GAZETTE, 27тH AUGUST, 1864.

Part of Sec. 2 of

1856, repealed.

HONGKONG.

ANNO VICESIMO OCTAVO VICTORIÆ REGINÆ.

No. of 1864.

By His Excellency SIR HERCULES GEORGE ROBERT ROBINSON, Knight, Governor and Commander-in-Chief of the Colony of Hongkong and its Dependencies, and Vice- Admiral of the same, with the Advice of the Legislative Council of Hongkong.

An Ordinance to facilitate the Remedies on Bills of Exchange and Promissory Notes by the Prevention of frivolous or fictitious Defences to Actions thereon.

[ August, 1864.]

Whereas it is expedient that the several matters embraced by Ordinance No. 5 of 1856 should be provided for by separate and distinct Ordinances: Be it enacted by His Excellency the Governor of Hongkong with the Advice of the Legislative Council thereof as follows:

I. So much of Section 2 of Ordinance No. 5 of 1856, as relates to the Imperial Ordinance No. 5 of Enactment entitled "The Summary Procedure on Bills of Exchange Act, 1855," shall be repealed except as to the proceedings in any Action upon a Bill of Exchange or Promissory Note commenced before the passing of this Ordinance.

may be by Writ of

Affidavit of Personal

All Actions upon II. All Actions upon Bills of Exchange or Promissory Notes commenced within Bills of Exchange, &c., Six Months after the same shall have become due and payable may be by Writ of Summons as Form in Summons in the Special Form contained in Schedule 4 to this Ordinance annexed and Schedule 4. indorsed as therein mentioned, and it shall be lawful for the Plaintiff, on filing an Affidavit of Personal Service of such Writ within the Jurisdiction of the Court, or an Plaintiff op Sling Order for leave to proceed and a Copy of the Writ of Summons and the Indorsements Service may at once thereon, in case the Defendant shall not have obtained leave to appear and have 25 Form in Schedule appeared to such Writ according to the exigency thereof at once to sign final Judgment in the Form contained in Schedule B to this Ordinance annexed for any Sum not exceeding the sum indorsed on the Writ together with interest, at the rate specified (if any) to the Date of the Judgment, and a Sum for Costs to be fixed by the Registrar subject to the approval of the Chief Justice, unless the Plaintiff claim more than such fixed sum, in which case the Costs shall be taxed in the ordinary way, and the Plaintiff may upon such Judgment issue Execution forthwith.

sign final Judgment

B.

a Defence upon the

to appear.

Defendant shewing III. The Chief Justice shall upon application within the Period of Twelve Days Merits to have leave from such Service, give leave to appear to such Writ, and to defend the Action, on the Defendant paying into Court the Sum indorsed on the Writ, or upon affidavits satis- factory to the Chief Justice which disclose a legal or equitable Defence, or such Facts as would make it incumbent on the Holder to prove consideration, or such other Facts as the Chief Justice may deem sufficient to support the Application and on such Terms, as to Security or otherwise as to the Chief Justice may seem fit.

Chief Justice may under special circum- stances set aside Judgment.

Chief Justice may

IV. After Judgment the Chief Justice may under special circumstances set aside the Judgment, and, if necessary stay or set aside Execution and may give leave to appear to the Writ and to defend the Action, if it shall appear to be reasonable to him so to do, and on such Terms as to him may seem just.

V. In any Proceedings under this Ordinance it shall be competent to the Chief Order Bill to be de- Justice to order the Bill or Note sought to be proceeded upon to be forthwith deposited posited with Registrar. with the Registrar, and further to order that all Proceedings shall be stayed until the

Plaintiff shall have given Security for the Costs thereof.

Holder may issue

VI. The Holder of every dishonoured Bill of Exchange or Promissory Note shall Que Summons against have the same Remedies for the recovery of the expenses incurred in noting the same for Non-acceptance or Non-payment or otherwise by reason of such Dishonour, as he has under this Ordinance for the recovery of the Amount of such Bill or Note.

all or any of the Parties to Bill.

all or any of the Parties to Bill.

Holder may issue VII. The Holder of any Bill of Bxchange or Promissory Note may, if he think One Summons against fit, issue One Writ of Summons according to this Ordinance against all or any number of the Parties to such Bill or Note, and such Writ of Summons shall be the commence- ment of an Action or Actions against the Parties therein named respectively, and all subsequent Proceedings against such respective Parties shall be in like manner, so far as may be, as if separate Writs of Summons had been issued.