BILLS OF EXCHANGE AND PROMISSORY NOTES ORDINANCE
Title
BILLS OF EXCHANGE AND PROMISSORY NOTES ORDINANCE
Description
Bills of Exchange and Promissory Arotes.
No. 12 of 1884.
An Ordinance to facilitate the Remedies on Bills of Exchange and Promissory
Notes by the Prevention of frivolous or fictitious Defences
to Actions thereon.
[13th September, 1864.]
ri'calnul°. ~~HEREAS it is expedient that the several matters embraced by
Ordinance No.
ties Ord. lvo. i V/~,~s
'cf 1R's y~ sr~l 5 0£ 1856 should he provided for by separate and distinct
Ordinances: - Be it
enacted by His Excellency the (governor of Hongkong, with the advice of
the Legisla-
Live Council thereof, as follows:-
Part of a°c. 2 °f 1. So much of section 2 of Ordinance No. 5 of 1856, as
relates to the Imperial
l)rdinanoe No.
s of 1856, r°- Enactment entitled 'The Summary Procedure on Bills of
Exchange Act, 1855,' shall
pealed.
be repealed, except as to the proceedings in any action upon a bill of
exchange or
promissory note commenced before the passing of this Ordinance.
An aetictns un°n Q, A11 actions upon bills of exchange or promissory notes
commenced within
tally of excliange,
Re., may i,e by ~ six months after the same shall have become due and
payable tray he by writ of
W Ht of anmmons
as form ' n summons in the special form contained in schedule (A) to this
Ordinance annexed and
hchednte (A). indorsed as therein mentioned, and it shall be lawful for
the plaintiff, on film; au
affidavit of personal service of such writ witbin,the jurisdiction of the
Court, or an
Plaintiff nn flung order for leave to proceed and a copy of the writ of
sutntrtons and tl:e indorsements:
affidavit of per- , ,
.°nal service thereon, in case the defendant shall not have bl<tt- ed
leave to appear aid ltAvt~-
may at once
sign flnxvljudg-
ntent ss form in appeared t0 such writ according t0 the exigency thereof
at O11C0 10 sign final judgment
~w°dale ct;>. in the form contained in schedule (E) to this Ordiuat ce
annexed,. for any sum not
exceeding the sum iudorsed on the writ, together with interest, at the
rate specified
(if any) to~,tlte date of the judgment, and a sum for costs to be fixed
by the Registrar
R subject to the approval of the Chief -Justice, unless the plaintiff
claim more than such
fixed sum, in which case the costs shall be taxed in the ordinary way,
and the plaintiff
- may upon such judgment issue execution forthwith.
4UDJNANCE, No. 1? of 064.
.fills of T=hange and Prornissora,/ Notes..
3. The Chief Justice shall upon application within the period of twelve
days
from such service, give leave to appear to such writ, and to defend the
action, on the
defendant paying into Court the sum indorsed on the writ, or upon
affidavits satis-
factory to the Chief Justice which disclose a legal or equitable defence,
or such facts
as would make it incumbent on the bolder to prove consideration, or such
other facts
as the Chief Justice may deem sufficient to support the application, and
on such
terms, as to security or otherwise, as to the Chief Justice may seem fit.
4. After judgment the Chief Justice may under special circumstances set
aside
the judgment, and, if necessary stay or set aside execution, and map give
leave to
appear to the writ and to defend the action, if it shall appear to be
reksonable to Min
so to do, and on such terins as to him may seem just.
5. In any proceedings under this Ordinance it shall be competent to the
Chief
Justice to order the hill or note sought to be proceeded upon, to be
forthwith deposited
with the Registrar, and further to order that all proceedings shall be
stayed until the
plaintiff shall Lave given security for the costs thereof.
6. The holder of every dishonoured bill of exchango or promissory note
shall
have the same remedies for the recovery of the expenses incurred in
noting the saiiic
for lion-acceptance or non-payment, or otherwise by reason of such
dishonour, as ho
has under this Ordinance for the recovery of the amount of such bill or
note.
7. The holder of any bill of exchange or promissory note may, if he
thinly fit,
issue one writ of summons according to this Ordinance against all or any
number
of the parties to such bill or note, and such writ of summons shall be
the commence-
ment of an action or actions against the parties therein named
respectively,, and all
subsequent proceedings against such respective parties shall be in like
manner, so far
as may be, as if separate writs of summons had been issued.
$. The provisions of 'The Common Law Procedure Act, 1852,' and of 'The
Common Law Procedure Act, 1854,' and all rules made under or by virtue of
either
of the said Acts shall, so'far as the same are by other Ordinances
extended to this
Colony and may be made applicable, extend and apply to all proceedings to
be bad or
taken under this Ordinance.
9. In citing this Ordinance in any instrument, document or proceeding',
it shall Short title.
be sufficientto use the expression 'The Summary Procedure on Bills of
Exchange
Ordinance, 1864.' r
Defondant shew-
illg it defence -
upon the nrrtitl
to have ierlve to
appear. -
Chief dustico
inay under
special ctrcaul-
RtlLIti1C3 Bet il$ttte
judgment.
Cllicf.tosticc
ntny ardor hilt -
to be deposited
with iteglSirnr.
re,t,ea, for
recalrery of e.c-
Ircnses of uoritrr
nmt-acrelrtnncu
Holder 111ity
issue one sum-,
Inonis aguinnt
nil Or any of the
pa'fles Lo bill.
Incorporation of
Common Law
Procedure V(!tq
nluVltalcs.
SC'fiIEDLhES REFER ,ro IN THE FOREGOING ORDINAINCE.
'VICTORIA, BY THIC GRACE OF GOD, E:.C.
To C. D. of
We warn you, that unless within twelve days after the service of this
writ on you, iAchtsive of the
day of such seyicc, yon obtain leave from the Chief Justice to appear,
and do within hhat time appear
in the Supreme Court in. an. action at the suit: of A. 13. The said A. 13
may proceed to judy neat and
execution.
It i tness, ~c.
OTIDINA\ CIiJ No. 12 or, 186,
Bills of Exchange and Promissory Motes.
.21lemorandum to be subscribed on the Writ.
?1'.13.-'This writ is to be served within six calendar months froth the
date hereof. or if r<muwcd_
from the date of such renewal, including the clay of such date anJ not
afterwards.
6v4-
to'~t.r wit.h
Zndorscmcnt to he made nn the W'riL before Service thereof.
This writ, was issued by E. E'. of attorney for the plaintiff.
(Or this writ was issued in pcrsoo by A. B. who resides at [here i.rtscrt
an a.cewratc desrriyti.orc of the
plaintiffs' reaidcnen). ,
lndarscment.
The plaintiff claims [ ) dollars principal and interest [or dollar,
balance of principal and interest clue to him as the payee [or inclorsee]
of a bill of esclauge or promis-
sory note of which the following is a copy. (Zlcrc copy bill tf
cxcltan.~e or promissory note, rind all
inrlorxerntrnts upon it,).
And if the amount thereof be paid to the plaintiff or his attorney within
from the service hereof, farther proceedings will be stayed.
Take notice, that if the defendant. do not obtain leave .from the Chief
Justice within twelve days
afro having been. served with this writ inclusive of the clay of such
service to appear thereto, and do
within such tithe cause an appearance to be entered for him in the
Supreme Court, the plaintiff will be
at liberty at any time aft;cr the expiration of such twelve days to sign
final,judgmcnt for any sum not
e;vceedity the sum above claimed, and the sutra of
for the same.
dollars for costs and issue execution
rf.eave to appear may be obtained on an. application at the Chief
Justice's Chambers supported by
alliUavit showing that there is a defence to the action on. the
ncrits,'or that it is reasonable that thcs
defendant should be allowed to appear in the action.
Zndot:scrrtent to be made on.TYitf.
This writ-, was served by Z. Y, on L. M. (the defendant
blomlay the day of 18(i
Awl the said C. D. has not appeared
the defendant') on
IN THE SUPREME COURT OF HONGKONG,
On the clay of A.D. lsf
w
Hon11, (to wit) A. B. in his own person [or by °' ~ his at.torncy)
sucr I out `a writ against. 0. D. indorsed as follows:
[Fleoc copy indorsencettt of Plaintiffs clabn]
fhe.reforc4lt is considered that the said A. B. recover against the said
C. IJ.
dollars for costs of suit.
[Repealed by Ordinance ..'1'0. 4 of 1887.E
672
Title.
Preamble. [See Ord. No. 13 of 1873 s. 84.]
Part of sec. 2 of Ordinance No. 5 of 1856, repealed.
All actions upon bills of exchange, &c., amy be by writ of summons as form in schedule (A).
Plaintiff on filing affidavit of personal service may at once sign final judgment as form in schedule (B).
Defendent shewing a defence upon the merits to have leave to appear.
Chief Justice may under special circumstances set aside judgment.
Chief Justice may order bill to be deposited with Registrar.
Remedy for recovery of expenses of nothing non-acceptance.
Holder may issue one summons against all or any of the parties to bill.
Incorporation of Common Law Procedure Acts and Rules.
Short title.
No. 12 of 1884.
An Ordinance to facilitate the Remedies on Bills of Exchange and Promissory
Notes by the Prevention of frivolous or fictitious Defences
to Actions thereon.
[13th September, 1864.]
ri'calnul°. ~~HEREAS it is expedient that the several matters embraced by
Ordinance No.
ties Ord. lvo. i V/~,~s
'cf 1R's y~ sr~l 5 0£ 1856 should he provided for by separate and distinct
Ordinances: - Be it
enacted by His Excellency the (governor of Hongkong, with the advice of
the Legisla-
Live Council thereof, as follows:-
Part of a°c. 2 °f 1. So much of section 2 of Ordinance No. 5 of 1856, as
relates to the Imperial
l)rdinanoe No.
s of 1856, r°- Enactment entitled 'The Summary Procedure on Bills of
Exchange Act, 1855,' shall
pealed.
be repealed, except as to the proceedings in any action upon a bill of
exchange or
promissory note commenced before the passing of this Ordinance.
An aetictns un°n Q, A11 actions upon bills of exchange or promissory notes
commenced within
tally of excliange,
Re., may i,e by ~ six months after the same shall have become due and
payable tray he by writ of
W Ht of anmmons
as form ' n summons in the special form contained in schedule (A) to this
Ordinance annexed and
hchednte (A). indorsed as therein mentioned, and it shall be lawful for
the plaintiff, on film; au
affidavit of personal service of such writ witbin,the jurisdiction of the
Court, or an
Plaintiff nn flung order for leave to proceed and a copy of the writ of
sutntrtons and tl:e indorsements:
affidavit of per- , ,
.°nal service thereon, in case the defendant shall not have bl<tt- ed
leave to appear aid ltAvt~-
may at once
sign flnxvljudg-
ntent ss form in appeared t0 such writ according t0 the exigency thereof
at O11C0 10 sign final judgment
~w°dale ct;>. in the form contained in schedule (E) to this Ordiuat ce
annexed,. for any sum not
exceeding the sum iudorsed on the writ, together with interest, at the
rate specified
(if any) to~,tlte date of the judgment, and a sum for costs to be fixed
by the Registrar
R subject to the approval of the Chief -Justice, unless the plaintiff
claim more than such
fixed sum, in which case the costs shall be taxed in the ordinary way,
and the plaintiff
- may upon such judgment issue execution forthwith.
4UDJNANCE, No. 1? of 064.
.fills of T=hange and Prornissora,/ Notes..
3. The Chief Justice shall upon application within the period of twelve
days
from such service, give leave to appear to such writ, and to defend the
action, on the
defendant paying into Court the sum indorsed on the writ, or upon
affidavits satis-
factory to the Chief Justice which disclose a legal or equitable defence,
or such facts
as would make it incumbent on the bolder to prove consideration, or such
other facts
as the Chief Justice may deem sufficient to support the application, and
on such
terms, as to security or otherwise, as to the Chief Justice may seem fit.
4. After judgment the Chief Justice may under special circumstances set
aside
the judgment, and, if necessary stay or set aside execution, and map give
leave to
appear to the writ and to defend the action, if it shall appear to be
reksonable to Min
so to do, and on such terins as to him may seem just.
5. In any proceedings under this Ordinance it shall be competent to the
Chief
Justice to order the hill or note sought to be proceeded upon, to be
forthwith deposited
with the Registrar, and further to order that all proceedings shall be
stayed until the
plaintiff shall Lave given security for the costs thereof.
6. The holder of every dishonoured bill of exchango or promissory note
shall
have the same remedies for the recovery of the expenses incurred in
noting the saiiic
for lion-acceptance or non-payment, or otherwise by reason of such
dishonour, as ho
has under this Ordinance for the recovery of the amount of such bill or
note.
7. The holder of any bill of exchange or promissory note may, if he
thinly fit,
issue one writ of summons according to this Ordinance against all or any
number
of the parties to such bill or note, and such writ of summons shall be
the commence-
ment of an action or actions against the parties therein named
respectively,, and all
subsequent proceedings against such respective parties shall be in like
manner, so far
as may be, as if separate writs of summons had been issued.
$. The provisions of 'The Common Law Procedure Act, 1852,' and of 'The
Common Law Procedure Act, 1854,' and all rules made under or by virtue of
either
of the said Acts shall, so'far as the same are by other Ordinances
extended to this
Colony and may be made applicable, extend and apply to all proceedings to
be bad or
taken under this Ordinance.
9. In citing this Ordinance in any instrument, document or proceeding',
it shall Short title.
be sufficientto use the expression 'The Summary Procedure on Bills of
Exchange
Ordinance, 1864.' r
Defondant shew-
illg it defence -
upon the nrrtitl
to have ierlve to
appear. -
Chief dustico
inay under
special ctrcaul-
RtlLIti1C3 Bet il$ttte
judgment.
Cllicf.tosticc
ntny ardor hilt -
to be deposited
with iteglSirnr.
re,t,ea, for
recalrery of e.c-
Ircnses of uoritrr
nmt-acrelrtnncu
Holder 111ity
issue one sum-,
Inonis aguinnt
nil Or any of the
pa'fles Lo bill.
Incorporation of
Common Law
Procedure V(!tq
nluVltalcs.
SC'fiIEDLhES REFER ,ro IN THE FOREGOING ORDINAINCE.
'VICTORIA, BY THIC GRACE OF GOD, E:.C.
To C. D. of
We warn you, that unless within twelve days after the service of this
writ on you, iAchtsive of the
day of such seyicc, yon obtain leave from the Chief Justice to appear,
and do within hhat time appear
in the Supreme Court in. an. action at the suit: of A. 13. The said A. 13
may proceed to judy neat and
execution.
It i tness, ~c.
OTIDINA\ CIiJ No. 12 or, 186,
Bills of Exchange and Promissory Motes.
.21lemorandum to be subscribed on the Writ.
?1'.13.-'This writ is to be served within six calendar months froth the
date hereof. or if r<muwcd_
from the date of such renewal, including the clay of such date anJ not
afterwards.
6v4-
to'~t.r wit.h
Zndorscmcnt to he made nn the W'riL before Service thereof.
This writ, was issued by E. E'. of attorney for the plaintiff.
(Or this writ was issued in pcrsoo by A. B. who resides at [here i.rtscrt
an a.cewratc desrriyti.orc of the
plaintiffs' reaidcnen). ,
lndarscment.
The plaintiff claims [ ) dollars principal and interest [or dollar,
balance of principal and interest clue to him as the payee [or inclorsee]
of a bill of esclauge or promis-
sory note of which the following is a copy. (Zlcrc copy bill tf
cxcltan.~e or promissory note, rind all
inrlorxerntrnts upon it,).
And if the amount thereof be paid to the plaintiff or his attorney within
from the service hereof, farther proceedings will be stayed.
Take notice, that if the defendant. do not obtain leave .from the Chief
Justice within twelve days
afro having been. served with this writ inclusive of the clay of such
service to appear thereto, and do
within such tithe cause an appearance to be entered for him in the
Supreme Court, the plaintiff will be
at liberty at any time aft;cr the expiration of such twelve days to sign
final,judgmcnt for any sum not
e;vceedity the sum above claimed, and the sutra of
for the same.
dollars for costs and issue execution
rf.eave to appear may be obtained on an. application at the Chief
Justice's Chambers supported by
alliUavit showing that there is a defence to the action on. the
ncrits,'or that it is reasonable that thcs
defendant should be allowed to appear in the action.
Zndot:scrrtent to be made on.TYitf.
This writ-, was served by Z. Y, on L. M. (the defendant
blomlay the day of 18(i
Awl the said C. D. has not appeared
the defendant') on
IN THE SUPREME COURT OF HONGKONG,
On the clay of A.D. lsf
w
Hon11, (to wit) A. B. in his own person [or by °' ~ his at.torncy)
sucr I out `a writ against. 0. D. indorsed as follows:
[Fleoc copy indorsencettt of Plaintiffs clabn]
fhe.reforc4lt is considered that the said A. B. recover against the said
C. IJ.
dollars for costs of suit.
[Repealed by Ordinance ..'1'0. 4 of 1887.E
672
Title.
Preamble. [See Ord. No. 13 of 1873 s. 84.]
Part of sec. 2 of Ordinance No. 5 of 1856, repealed.
All actions upon bills of exchange, &c., amy be by writ of summons as form in schedule (A).
Plaintiff on filing affidavit of personal service may at once sign final judgment as form in schedule (B).
Defendent shewing a defence upon the merits to have leave to appear.
Chief Justice may under special circumstances set aside judgment.
Chief Justice may order bill to be deposited with Registrar.
Remedy for recovery of expenses of nothing non-acceptance.
Holder may issue one summons against all or any of the parties to bill.
Incorporation of Common Law Procedure Acts and Rules.
Short title.
Abstract
672
Title.
Preamble. [See Ord. No. 13 of 1873 s. 84.]
Part of sec. 2 of Ordinance No. 5 of 1856, repealed.
All actions upon bills of exchange, &c., amy be by writ of summons as form in schedule (A).
Plaintiff on filing affidavit of personal service may at once sign final judgment as form in schedule (B).
Defendent shewing a defence upon the merits to have leave to appear.
Chief Justice may under special circumstances set aside judgment.
Chief Justice may order bill to be deposited with Registrar.
Remedy for recovery of expenses of nothing non-acceptance.
Holder may issue one summons against all or any of the parties to bill.
Incorporation of Common Law Procedure Acts and Rules.
Short title.
Title.
Preamble. [See Ord. No. 13 of 1873 s. 84.]
Part of sec. 2 of Ordinance No. 5 of 1856, repealed.
All actions upon bills of exchange, &c., amy be by writ of summons as form in schedule (A).
Plaintiff on filing affidavit of personal service may at once sign final judgment as form in schedule (B).
Defendent shewing a defence upon the merits to have leave to appear.
Chief Justice may under special circumstances set aside judgment.
Chief Justice may order bill to be deposited with Registrar.
Remedy for recovery of expenses of nothing non-acceptance.
Holder may issue one summons against all or any of the parties to bill.
Incorporation of Common Law Procedure Acts and Rules.
Short title.
Identifier
https://oelawhk.lib.hku.hk/items/show/199
Edition
1890
Volume
v1
Cap / Ordinance No.
No. 12 of 1864
Number of Pages
3
Files
Collection
Historical Laws of Hong Kong Online
Citation
“BILLS OF EXCHANGE AND PROMISSORY NOTES ORDINANCE,” Historical Laws of Hong Kong Online, accessed March 10, 2025, https://oelawhk.lib.hku.hk/items/show/199.
