1937_CODE_OF_CIVIL_PROCEDURE_ORDINANCE — Page 7

HK Historical Laws 香港歷史法例 All AI Reviewed

CODE OF CIVIL PROCEDURE.

No. 3 of 1901.

701

writ. O.8, r. 3.

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 herein before 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 any enactment 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,

Right to indorse writ specially in action for debt or liquidated demand.

O. 3, r. 6. [cf. s. 146.]

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.

Schedule. Form No. 2.

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, or against any person claiming under such tenant, 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.

Right to indorse writ specially in action for immovable property.

O. 3, r. 6.

Schedule. Form No. 2.

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CODE OF CIVIL PROCEDURE. No. 3 of 1901. 701 writ. O.8, r. 3. 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 herein before 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 any enactment 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, Right to indorse writ specially in action for debt or liquidated demand. O. 3, r. 6. [cf. s. 146.] 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. Schedule. Form No. 2. 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, or against any person claiming under such tenant, 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. Right to indorse writ specially in action for immovable property. O. 3, r. 6. Schedule. Form No. 2.
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CODE OF CIVIL PROCEDURE. 1 No. 3 of 1901. 701 writ. 0.8, r. 3. 17. Where a writ of summons of which production is neces- Case of lost sary 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 herein before contained with respect to a writ Savings as to proceed- of summons shall be deemed to apply to proceedings which may in proce now be heard on petition without preliminary service on any petition. party, but all petitions shall be subject to the rules hereinafter H.K. Code, s. 9 (5). 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 any enactment 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, Right to in- dorse writ specially in action for debt or liquidated demand. 0. 3, r. 6. [cf. s. 146.] the writ of summons may, at the option of the plaintiff, be Schedule. specially indorsed with a statement of his claim or of the relief Form No. 2. or remedy to which he claims to be entitled.. specially in 20. In any action for the recovery of immovable property, Right to with or without a claim for rent or mesne profits, by a landlord indorse writ against a tenant whose term has expired or has been duly deter- action for mined by notice to quit, or against any person claiming under immovable such tenant, the writ of summons may, at the option of the o. 3, r. 6. plaintiff, be specially indorsed with a statement of his claim or Schedule. of the relief or remedy to which he claims to be entitled. property. Form No. 2. :
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CODE OF CIVIL PROCEDURE.

1

No. 3 of 1901.

701

writ. 0.8, r. 3.

17. Where a writ of summons of which production is neces- Case of lost sary 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 herein before contained with respect to a writ Savings as to proceed- of summons shall be deemed to apply to proceedings which may in proce now be heard on petition without preliminary service on any petition. party, but all petitions shall be subject to the rules hereinafter H.K. Code,

s. 9 (5). 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 any enactment 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,

Right to in- dorse writ specially in

action for debt or

liquidated demand.

0. 3, r. 6. [cf. s. 146.]

the writ of summons may, at the option of the plaintiff, be Schedule. specially indorsed with a statement of his claim or of the relief Form No. 2. or remedy to which he claims to be entitled..

specially in

20. In any action for the recovery of immovable property, Right to with or without a claim for rent or mesne profits, by a landlord indorse writ against a tenant whose term has expired or has been duly deter- action for mined by notice to quit, or against any person claiming under immovable such tenant, the writ of summons may, at the option of the o. 3, r. 6. plaintiff, be specially indorsed with a statement of his claim or Schedule. of the relief or remedy to which he claims to be entitled.

property.

Form No. 2.

:

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