1912_CODE_OF_CIVIL_PROCEDURE — Page 16

HK Historical Laws 香港歷史法例 All AI Reviewed

CODE OF CIVIL PROCEDURE.

No. 3 of 1901.

1147

s. 10.

(3) The writ shall, within 8 days after the service thereof, or, in case of service out of the jurisdiction, within such time as the Court may have ordered, be returned into the Registry and filed therein.

Appearance of Defendant.

46. The defendant shall, within 8 days from the day of service on him of the writ of summons or, in case of service out of the jurisdiction, within such time as the Court may have ordered, cause an appearance to the action to be entered for him in the Registry.

47. In every case of service of a writ of summons out of the jurisdiction, the entry of appearance thereto shall specify the name and address of some solicitor, agent, or other person within the jurisdiction on whom substituted service of all further process against the defendant in the action may be effected while the defendant remains out of the jurisdiction, and, in default thereof, the Court may proceed with the action as if no appearance had been entered.

48. Where an action is brought by a plaintiff residing out of the jurisdiction, and it is made to appear, by affidavit or otherwise, to the satisfaction of the Court, that the defendant has a bona fide claim against the plaintiff which can be conveniently tried by the Court, it shall be lawful for the Court, in its discretion, to stay proceedings in the action so brought by the absent plaintiff until he has entered an appearance to any cross-action brought by the defendant against him in respect of such claim, on such terms as may seem just.

49. The defendant before appearing shall be at liberty, without obtaining an order to enter or entering a conditional appearance, to apply by summons to set aside the service on him of the writ of summons or to discharge the order authorising such service.

Default of Appearance.

50.—(1) If the defendant fails to enter an appearance within the time hereinbefore limited in that behalf, and it is proved, to the satisfaction of the Court, that the writ was duly served, the Court may give leave to the plaintiff to proceed with the action ex parte.

(2) The plaintiff may thereupon file his statement of claim, and apply forthwith to have the cause set down for trial.

* As amended by No. 36 of 1911, O.12 r. 30.

Leave to proceed ex parte in case of non-appearance. H.K. Code, s. 12 (1).

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CODE OF CIVIL PROCEDURE. No. 3 of 1901. 1147 s. 10. (3) The writ shall, within 8 days after the service thereof, or, in case of service out of the jurisdiction, within such time as the Court may have ordered, be returned into the Registry and filed therein. Appearance of Defendant. 46. The defendant shall, within 8 days from the day of service on him of the writ of summons or, in case of service out of the jurisdiction, within such time as the Court may have ordered, cause an appearance to the action to be entered for him in the Registry. 47. In every case of service of a writ of summons out of the jurisdiction, the entry of appearance thereto shall specify the name and address of some solicitor, agent, or other person within the jurisdiction on whom substituted service of all further process against the defendant in the action may be effected while the defendant remains out of the jurisdiction, and, in default thereof, the Court may proceed with the action as if no appearance had been entered. 48. Where an action is brought by a plaintiff residing out of the jurisdiction, and it is made to appear, by affidavit or otherwise, to the satisfaction of the Court, that the defendant has a bona fide claim against the plaintiff which can be conveniently tried by the Court, it shall be lawful for the Court, in its discretion, to stay proceedings in the action so brought by the absent plaintiff until he has entered an appearance to any cross-action brought by the defendant against him in respect of such claim, on such terms as may seem just. 49. The defendant before appearing shall be at liberty, without obtaining an order to enter or entering a conditional appearance, to apply by summons to set aside the service on him of the writ of summons or to discharge the order authorising such service. Default of Appearance. 50.—(1) If the defendant fails to enter an appearance within the time hereinbefore limited in that behalf, and it is proved, to the satisfaction of the Court, that the writ was duly served, the Court may give leave to the plaintiff to proceed with the action ex parte. (2) The plaintiff may thereupon file his statement of claim, and apply forthwith to have the cause set down for trial. * As amended by No. 36 of 1911, O.12 r. 30. ** Leave to proceed ex parte in case of non-appearance. H.K. Code, s. 12 (1).

Baseline (Original)

CODE OF CIVIL PROCEDURE. No. 3 of 1901. 1147 s. 10. (3) The writ shall, within 8 days after the service thereof, cr, in H. K. Code, case of service out of the jurisdiction, within such time as the Court may have ordered, be returned into the Registry and filed therein. Appearance of Defendant. 46. The defendant shall, within 8 days from the day of service Appearance on him of the writ of summons or, in case of service out of the [ib. s. 11.] in general. jurisdiction, within such time as the Court may have ordered, cause form 9. an appearance to the action to be entered for him in the Registry. in case of diction. 47. In every case of service of a writ of summons out of Appearance the jurisdiction, the entry of appearance thereto shall specify the defendant name and address of some solicitor, agent, or other person within out of juris- the jurisdiction on whom substituted service of all further process [ib. s. 11.] against the defendant in the action may be effected while the defendant remains out of the jurisdiction, and, in default thereof, the Court may proceed with the action as if no appearance had been entered. absent 48. Where an action is brought by a plaintiff residing out of the Cross-action jurisdiction, and it is made to appear, by affidavit or otherwise, to against the satisfaction of the Court, that the defendant has a bona fide plaintiff. claim against the plaintiff which can be conveniently tried by the [ib. s. 95.] Court, it shall be lawful for the Court, in its discretion, to stay pre- ceedings in the action so brought by the absent plaintiff until he has entered an appearance to any cross-action brought by the de- fendant against him in respect of such claim, on such terms as may seem just. aside service 49. The defendant before appearing shall be at liberty, without Motion to set obtaining an order to enter or entering a conditional appearance, to before apply by summons to set aside the service on him of the writ of appearance. summons or to discharge the order authorising such service. Default of Appearance. 50.—(1) If the defendant fails to enter an appearance within the time hereinbefore limited in that behalf, and it is proved, to the satisfaction of the Court, that the writ was duly served, the Court may give leave to the plaintiff to proceed with the action ex parte. (2) The plaintiff may thereupon file his statement of claim, and apply forthwith to have the cause set down for trial. * As amended by No. 36 of 1911, 0.12 r. 30. ** Leave to proceed ex parte in case of non- appearance. H. K. Code, s. 12 (1).

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CODE OF CIVIL PROCEDURE.

No. 3 of 1901.

1147

s. 10.

(3) The writ shall, within 8 days after the service thereof, cr, in H. K. Code, case of service out of the jurisdiction, within such time as the Court may have ordered, be returned into the Registry and filed therein.

Appearance of Defendant.

46. The defendant shall, within 8 days from the day of service Appearance on him of the writ of summons or, in case of service out of the [ib. s. 11.] in general. jurisdiction, within such time as the Court may have ordered, cause form 9. an appearance to the action to be entered for him in the Registry.

in case of

diction.

47. In every case of service of a writ of summons out of Appearance the jurisdiction, the entry of appearance thereto shall specify the defendant name and address of some solicitor, agent, or other person within out of juris- the jurisdiction on whom substituted service of all further process [ib. s. 11.] against the defendant in the action may be effected while the defendant remains out of the jurisdiction, and, in default thereof, the Court may proceed with the action as if no appearance had been entered.

absent

48. Where an action is brought by a plaintiff residing out of the Cross-action jurisdiction, and it is made to appear, by affidavit or otherwise, to against the satisfaction of the Court, that the defendant has a bona fide plaintiff. claim against the plaintiff which can be conveniently tried by the [ib. s. 95.] Court, it shall be lawful for the Court, in its discretion, to stay pre- ceedings in the action so brought by the absent plaintiff until he has entered an appearance to any cross-action brought by the de- fendant against him in respect of such claim, on such terms as may seem just.

aside service

49. The defendant before appearing shall be at liberty, without Motion to set obtaining an order to enter or entering a conditional appearance, to before apply by summons to set aside the service on him of the writ of appearance. summons or to discharge the order authorising such service.

Default of Appearance.

(2) The plaintiff may thereupon file his statement of claim, and apply forthwith to have the cause set down for trial.

* As amended by No. 36 of 1911,

0.12 r. 30.

Leave to proceed ex parte in case of non-

appearance. H. K. Code, s. 12 (1).

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