A.D. 1901.]
CODE OF CIVIL PROCEDURE.
[No. 3.
7745
to defendant to defend
474. The Court, at any time before judgment, on being satisfied, by affidavit or otherwise, that the defendant has a substantial ground of defence, either wholly or in part, to the action on the merits, may give leave to the defendant to defend the action, without prejudice to the attachment under the writ.
action.
H. K. Code, s. 82 (25.)
by defendant
475. The defendant may, at any time before any property attached in the action has been sold in satisfaction of the plaintiff's claim, apply to the Court, upon notice of motion, for an order to dissolve the writ of attachment.
Ib. s. 82 (26.) to the whole or any part of the property attached, on security being given to answer the plaintiff's claim, and the Court may make such order, either absolutely or on such terms as may seem just, and in the meanwhile may stay or postpone any sale.
etc.
Ib. s. 82 (27.)
476. The defendant may, at any time within twelve months from the date of the judgment, notwithstanding that the property attached, or any part thereof, may have been sold in satisfaction of the plaintiff's judgment claim, apply to the Court, upon notice of motion, for an order to set aside the judgment and for the re-trial of the action and for leave to defend the same; and if it appears to the Court that the defendant had no notice or knowledge of the action and could not reasonably have made an earlier application to the Court, and that he had, at the time of the obtaining of the judgment, and still has, a substantial ground of defence, either wholly or in part, to the action on the merits, it shall be lawful for the Court to grant such order on such terms as may seem just.
477. The dissolving of any writ, or the reversal or setting aside of any judgment given under this Chapter or of any subsequent proceedings, shall not affect the title of any bona fide purchaser for valuable consideration of any property sold in satisfaction of the plaintiff's claim.
Saving of rights of bond fide purchaser of property in case of dissolving of writ, etc.
Ib. s. 82 (28.)
CHAPTER XVIII.
ACTION AGAINST THE GOVERNMENT.
478. Any claim against the Government of the Colony, of the same nature as claims within the provisions of the Petitions of Right Act, 1860, of the Imperial Parliament, may, with the consent in writing of the Governor, be preferred in the Court in an action instituted by the claimant as plaintiff against the Attorney General as defendant.
against
Mode of preferring claim against Government of the Colony
Ib. s. 83 (1.)
23 & 24 Vict. c. 34.
ment of
479. In any such case it shall not be necessary for the plaintiff to issue a writ of summons, but the action shall be commenced by the filing of a statement of claim and the service thereof on the Crown Solicitor.
O.O.36/11519
Ib. s. 83 (2.) a.
a026/11519(2)
A.D. 1901.]
CODE OF CIVIL PROCEDURE.
[No. 3.
7745
to defendant to defend
474. The Court, at any time before judgment, on being satisfied, by Giving leave affidavit or otherwise, that the defendant has a substantial ground of defence, either wholly or in part, to the action on the merits, may give leave to the defendant to defend the action, without prejudice to the attachment under the writ.
action.
H. K. Code, 8. 82 (25.)
by defendant
475. The defendant may, at any time before any property attached Application n the action has been sold in satisfaction of the plaintiff's claim, apply to dissolve to the Court, upon notice of motion, for an order to dissolve the writ as attachment.
Ib. s. 82 (26.) to the whole or any part of the property attached, on security being given to answer the plaintiff's claim, and the Court may make such order, either absolutely or on such-terms as may seem just, and in the meanwhile may stay or postpone any sale.
etc.
Ib. s. 82 (27.)
476. The defendant may, at any time within twelve months from the Application
by defendant date of the judgment, notwithstanding that the property attached, or
to set aside any part thereof, may have been sold in satisfaction of the plaintiff's judgment, claim, apply to the Court, upon notice of motion, for an order to set aside the judgment and for the re-trial of the action and for leave to defend the same; and if it appears to the Court that the defendant had no notice or knowledge of the action and could not reasonably have made an earlier application to the Court, and that he had, at the time of the obtaining of the judgment, and still has, a substantial ground of defence, either wholly or in part, to the action on the merits, it shall be lawful for the Court to grant such order on such terms as may seem
477. The dissolving of any writ, or the reversal or setting aside of Saving of
rights of bond any judgment given under this Chapter or of any subsequent proceed- fide pur- ings, shall not affect the title of any bond fide purchaser for valuable consideration of any property sold in satisfaction of the plaintiff's claim.
chaser of property in case of dis- solving of writ, etc. Ib. s. 82 (28.)
CHAPTER XVIII.
ACTION AGAINST THE GOVERNMENT.
478. Any claim against the Government of the Colony, of the same nature as olaims within the provisions of the Petitions of Right Act, 1860, of the Imperial Parliament, may, with the consent in writing of the Governor, be preferred in the Court in an action instituted by the olaimant as plaintiff against the Attorney General as defendant.
against
Mode of pre- ferring claim Government ch
Ocktroby Ib. s. 83 (1.)
of the Colony
23 & 24 Vict. c. 34.
ment of
479. In any such case it shall not be necessary for the plaintiff to Commence- issue a writ of summons, but the action shall be commenced by the filing ment of a statement of claim and the service thereof on the Crown Solicitor.
0.0.36/11519
Ib. 8. 83 (2.) a.
a026/11519(2)
No comments yet.
Private notes are available after approval.