The Hongkong Government Gazette.
against the Husband and Wife, and execution issue thereon; and in case of a judgment for the Wi tion may be issued thereupon by the authority of the Husband without any writ of revivor or su and if in any such action the Wife shall sue or defend by attorney appointed by her when sole, such. shall have authority to continue the action or defence, unless such authority be countermandad Husband and the attorney changed according to the practice of the Court: Bankruptcy or In- LXXXIX. The Bankruptcy or Insolvency of the Plaintiff in any action which the assignees solvency of Plaintiff, maintain for the benefit of the creditors, shall not be pleaded in bar to such action unless the assign decline to continue and give security for the costs thereof upon an order of the Court to be oft that purpose within such reasonable time as the Court may order, but the proceedings may be st.. such election is made; and in case the assignees neglect or refuse to continue the action, and security within the time limited by the order, the Defendant may, within eight days after such refusal, plead the bankruptcy or insolvency.
when not to abate action.
of action in case of death.
To compel continu- XC. Where an action would, but for the provisions of this ordinance, abate by reason of the ance or abandonment either party, the defendant, or person against whom the action may be so continued, may apply by
to compel the personal representatives of the Plaintiff to proceed within such time as the Court shall and in default of such proceeding, the Defendant shall be entitled to enter a suggestion of such dela of the representative character of the person by or against whom the action may be proceeded with: case may be, and to have judgment for the costs of the action and suggestion against the Plaintiff, or the person entitled to proceed in his room, as the case may be, and in the latter case to be levied goods of the testator or intestate.
Claimant in second
Ejectment.
XCI. If any person shall bring an action of Ejectment after a prior action of ejectment for the. ejectment for same premises has been or shall have been unsuccessfully brought by such person, or by any person thro premises against same under whom he claims, against the same defendant, or against any person through or under whom he de defendant may be or- dered to give security the Court may, if it think fit, on the application of the defendant at any time after such defen
appeared to the writ, order that the Plaintiff shall give to the defendant security for the payment a defendant's costs, and that all further proceedings in the cause shall be stayed until such security be whether the prior action has been or shall have been disposed of by discontinuance or by nonsuit, e judgment for the Defendant.
for costs.
Amendments.
Amendments.
XCII. It shall be lawful for the Court at all times to amend all defects and errors in any procer under this Ordinance, whether there is anything in writing to amend by or not, and whether the defe error be that of the party applying to amend or not; and all such amendments may be made with or wi cost, and upon such terms as to the Court may seem fit; and all such amendments as may be nece for the purpose of determining in the existing suit the real question in controversy between the parties. be so made, if duly applied for.
Passed the Legislative Council of Hongkong, this 25th Day of August, 1855.
"
L. D'ALMADA e Castro, Clerk of Councils.
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FORMS REFERRED TO.
A.
Form of Rule or Summons where a judgment Creditor applies for execution against a judgment Debtor. (Formal parts as at present.)
C. D. show cause why A. B. (or as the case may be) should not be at liberty to enter a suggestion upon the in an action wherein the said A. B. was Plaintiff and the said C. D. was Defendant and wherein the said * obtained judgment for
against the said C. D. on the
day of
that it ma appears to the Court that the said A. B. is entitled to have execution of the said judgment and to issue exce thereupon, and why the said C. D. should not pay to the said A. B. the costs of this application to be taxed.
(Note) The above form may be modified according to circumstances.
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Form of Suggestion that a judgment Creditor is entitled to execution against the judgment Debtor. And now on the
day of
it is suggested and manifestly appears to the Court that thesaid A (or C. D. as executor of the last will and of testament of the said A. B. deceased, or as the case may be) is en to have execution of the judgment aforesaid against the said E. F. (or against G. H. as executor of the last wil. testament of the said E. F., or as the case may be.) Therefore it is considered by the Court that the said A..B. (or ́ ́ as such executor as aforesaid, or as the case may be) ought to have execution of the said judgment against the said 1. (or against G. H. as such executor as aforesaid, or as the case may be.)
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greeting:
Form of Writ of Revivor. Victoria, by the Grace of God, &c., to E. F. of We command you, that within eight days after the service of this writ upon you, inclusive of the day of service, you appear in the Supreme Court of Hongkong to shew cause why A. B. (or C. D. as executor of the will and testament of the said A. B. deceased, or as the case may be) should not have execution against you (if a representative, here state such capacity, as the case may be) of a judgment whereby the said A. B. (or as the cau be) on the
day of
in the said Court recovered against you (or as the case may be) and take notice that in default of your so doing, the said A. B. (or as the case may be) may proceed to execution
Witness, &c.
Tiongkong, 20 August, 1000,
"ENADINCA 18457
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