1912_CODE_OF_CIVIL_PROCEDURE — Page 114

CODE OF CIVIL PROCEDURE.

No. 3 of 1901.

1245

(a) against any property of the partnership within the jurisdic- tion;

(b) against any person who has appeared in his own name under section 487 or section 488, or who has admitted, either on the plead- ings or at the trial, that he is a partner, or who has been adjudged to be a partner; and

(c) against any person who has been individually served, as a partner, with the writ of summons, and has failed to appear.

(2) If the party who has obtained judgment claims to be entitled to issue execution against any other person as being a member of the firm, he may apply to the Court for leave to do so; and the Court may give such leave if the liability is not disputed, or, if the liability is disputed, may order that the liability of such person be tried and determined in any manner in which any issue or question in an action may be tried and determined.

(3) Except as against any property of the partnership, a judgment against a firm shall not render liable, release, or otherwise affect any member thereof who was out of the jurisdiction when the writ was issued, and who has not appeared to the writ, unless the writ has been served on him out of the jurisdiction with the leave of the Court or he has been served within the jurisdiction after the writ was issued.

of debts

0.48 r. 9.

491.-(1) Debts owing from a firm carrying on business within Attachment the jurisdiction may be attached under Chapter XVI, although one owing from or more members of such firm may be resident abroad, provided that firm. any person having the control or management of the partnership business or any member of the firm within the jurisdiction is served with the garnishee order.

(2) An appearance by any member pursuant to an order shall be a sufficient appearance by the firm.

of Chapter XIX to

between co-

492. The provisions of this Chapter shall apply to actions be- Application tween a firm and one or more of its members and to actions between firins having one or more members in common, provided actions such firm or firms carry on business within the jurisdiction, but partners. no execution shall be issued in any such action without the leave ib. r. 10. of the Court, and, on an application for leave to issue such execution, all such accounts and inquiries may be directed to be taken and made, and directions given, as may seem just.