746
Consent of Governor, and pro-.cedure
040. 31/11 19 (3, thereafter.
H. K. Code, a. 83 (3.)
Service of documents in action.
Ib. B. 83 (4.)
Procedure where judgment given
No. 3.] THE ORDINANCES OF HONGKONG: [A.D. 1901.
480.-(1.) On the application of the Crown Solicitor, the Registrar shall deliver to him the original statement of claim for submission to the Governor
(2.) If the Governor grants his consent as aforesaid, such consent shall be indorsed on the statement of claim, which shall then be returned by the Crown Solicitor to the Registrar.
(3.) In such case the action may, subject to the provisions of this Chapter, proceed and be carried on under the ordinary procedure provided by this Code.
481. All other documents, notices, or proceedings in the action which, in an ordinary action, would be required to be served on the defendant shall be served on the Crown Solicitor.
482. Whenever in any such action judgment is given against the Government, no execution shall issue thereon, but a copy of the judgment against Government, under the Seal of the Court, shall be transmitted by the Court to the Governor.
lb. s. 83 (5.)
Right and liability of partners to sue and be sued in firm name, and disclosure of names of partners.
O. 48 a r. 1.
Disclosure of names of partners in action brought by firm.
Ib. r. 2.
CHAPTER XIX.
ACTION BY OR AGAINST FIRM, ETC.
483.-(1.) Any two or more persons claiming or being liable as co-partners and carrying on business within the jurisdiction may sue or be sued in the name of the respective firms, if any, of which such persons were co-partners at the time of the accruing of the cause of action.
(2.) Any party to an action may in such case apply by summons to the Court for a statement of the names and addresses of the persons who were, at the time of the accruing of the cause of action, co-partners in any such firm, to be furnished in such manner, and verified upon oath or otherwise, as the Court may direct.
484.-(1.) Where a writ is sued out by partners in the name of their firm, the plaintiffs or their solicitors shall, on demand in writing by or on behalf of the defendant, forthwith declare in writing the names and addresses of all the persons constituting the firm on whose behalf the action is brought.
(2.) If the plaintiffs or their solicitors fail to comply with such demand, all proceedings in the action may, on an application for that purpose, be stayed, on such terms as the Court may direct.
(3.) When the names of the partners are so declared, the action shall proceed in the same manner, and the same consequences in all respects shall follow, as if they had been named as the plaintiffs in the writ; but all the proceedings shall nevertheless continue in the name of the firm.
Page 95
Page 96
746
Consent of Governor, and pro- .cedure
040. 31/11 19 (3, thereafter.
H. K. Code, a. 83 (3.)
Service of documents in
action.
Ib. B. 83 (4.)
Procedure
where judg-
ment given
No. 3.] THE ORDINANCES OF HONGKONG: [A.D. 1901.
480.-(1.) On the application of the Crown Solicitor, the Registrar shall deliver to him the original statement of claim for submission to the Governor
(2.) If the Governor grants his consent as aforesaid, such consent shall be indorsed on the statement of claim, which shall then be returned by the Crown Solicitor to the Registrar.
(3.) In such case the action may, subject to the provisions of this Chapter, proceed and be carried on under the ordinary procedure pro- vided by this Code.
481. All other documents, notices, or proceedings in the action which, in an ordinary action, would be required to be served on the defendant shall be served on the Crown Solicitor.
482. Whenever in any such action judgment is given against the Government, no execution shall issue thereon, but a copy of the judg against Gov-ment, under the Seal of the Court, shall be transmitted by the Court to
the Governor.
ernment.
lb. s. 83 (5.)
Right and liability of
partners to sue and be sued in firm name, and disclosure of names.of partners.
O. 48 a r. 1.
Disclosure of names of partners in action brought by firm.
Ib. r. 2.
CHAPTER XIX.
ACTION BY OR AGAINST FIRM, ETC.
483.-(1.) Any two or more persons claiming or being liable as co- partners and carrying on business within the jurisdiction may sue or be sued in the name of the respective firms, if any, of which such persons were co-partners at the time of the accruing of the cause of action.
(2.) Any party to an action may in such case apply by summons to the Court for a statement of the names and addresses of the were, at the time of the accruing of the cause of action, co-partners in persons who any such firm, to be furnished in such manner, and verified upon oath or otherwise, as the Court may direct.
484.-(1.) Where a writ is sued out by partners in the name of their firm, the plaintiffs or their solicitors shall, on demand in writing by or on behalf of the defendant, forthwith declare in writing the names and addresses of all the persons constituting the firm on whose behalf the action is brought.
(2.) If the plaintiffs or their solicitors fail to comply with such demand, all proceedings in the action may, on an application for that purpose, be stayed, on such terms as the Court may direct.
(3.) When the names of the partners are so declared, the action shall proceed in the same manner, and the same consequences in all respects shall follow, as if they had been named as the plaintiffs in the writ; but all the proceedings shall nevertheless continue in the name of the firm.
Page 95Page 96
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