656
Evidence of renewal of writ.
0.8 r. 2.
Case of lost writ. Ib. r. 3.
Saving as to proceedings on petition. H.K. Code, 8. 9 (5.)
Right to indorse writ specially in action for debt or liquidated demand 0.3 r. 6.
Schedule: Form No. 2.
Right to indorse writ specially in action for.
No. 3.] THE ORDINANCES OF HONGKONG : "[A.D. 1901.
(2.) A writ so renewed shall remain in force and be available to prevent the operation of any statute whereby the time for the commencement of the action may be limited, and for all other purposes, from the date of the issuing of the original writ.
16. The production of a writ of summons purporting to be sealed with the Seal of the Court, showing the same to have been renewed in manner aforesaid, shall be sufficient evidence for all purposes of its having been so renewed and of the commencement of the action as on the date of the original issue of the writ.
17. Where a writ of summons of which production is necessary has been lost, the Court, on being satisfied of the loss and of the correctness of a copy of the writ, may order that such copy shall be sealed and served and have effect in lieu of the original writ.
18. Nothing hereinbefore contained with respect to a writ of summons shall be deemed to apply to proceedings which may now be heard on petition without preliminary service on any party, but all petitions shall be subject to the rules hereinafter contained with respect to pleading and to the form and contents of a statement of claim, so far as they are applicable to the subject-matter thereof.
Specially Indorsed Writ.
19. In any action where the plaintiff seeks only to recover a debt or liquidated demand in money payable by the defendant, with or without interest, arising---
(1.) on a contract, express or implied, (as, for instance, on a bill of exchange, promissory note, or cheque, or other simple contract debt); or
(2.) on a bond or contract under seal for payment of a liquidated amount of money; or
(3.) on a statute where the sum sought to be recovered is a fixed sum of money or in the nature of a debt other than a penalty; or
(4.) on a guarantee, whether under seal or not, where the claim against the principal is in respect of a debt or liquidated demand only; or
(5.) on a trust,
the writ of summons may, at the option of the plaintiff, be specially indorsed with a statement of his claim or of the relief or remedy to which he claims to be entitled.
20. In any action for the recovery of immovable property, with or without a claim for rent or mesne profits, by a landlord against a tenant whose term has expired or has been duly determined by notice to quit
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Page 6
656
Evidence of renewal of writ.
0.8 r. 2.
Case of lost writ. Ib. r. 3.
Saving as to proceedings on petition. H. K. Code, 8. 9 (5.)
Right to in- dorse writ specially in
action for
debt or liquidated demand
0.3 r. 6.
Schedule: Form No. 2.
Right to indorse writ
specially in action for.
V
No. 3.] THE ORDINANCES OF HONGKONG : "[A.D. 1901.
(2.) A writ so renewed shall remain in force and be available to prevent the operation of any statute whereby the time for the com mencement of the action may be limited, and for all other purposes, from the date of the issuing of the original writ.
16. The production of a writ of summons purporting to be sealed with the Seal of the Court, showing the same to have been renewed in manner aforesaid, shall be sufficient evidence for all purposes of its having been so renewed and of the commencement of the action as on the date of the original issue of the writ.
17. Where a writ of summons of which production is necessary has been lost, the Court, on being satisfied of the loss and of the correctness, of a copy of the writ, may order that such copy shall be sealed and served and have effect in lieu of the original writ.
18. Nothing hereinbefore contained with respect to a writ of sum mons shall be deemed to apply to proceedings which may now be heard on petition without preliminary service on any party, but all petitions shall be subject to the rules hereinafter contained with respect to plead ing and to the form and contents of a statement of claim, so far as they are applicable to the subject-matter thereof.
}
Specially Indorsed Writ.
19. In any action where the plaintiff seeks only to recover a debt or liquidated demand in money payable by the defendant, with or without interest, arising---
(1.) on a contract, express or implied, (as, for instance, on a bill of exchange, promissory note, or cheque, or other simple contract debt); or
(2.) on a bond or contract under seal for payment of a liquidated
amount of money; or
(3.) on a statute where the sum sought to be recovered is a fixed sum of money or in the nature of a debt other than a penalty or (4.) on a guarantee, whether under seal or not, where the claim against the principal is in respect of a debt or liquidated demand only; or
(5.) on a trust,
the writ of summons may, at the option of the plaintiff, be specially m dorsed with a statement of his claim or of the relief or remedy to which he claims to be entitled.
20. In any action for the recovery of immovable property, with or without a claim for rent or mesne profits, by a landlord against a tenant whose term has expired or has been duly determined by notice to quit
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