CODE OF CIVIL PROCEDURE

No. 3 of 1901.

To establish a Code of Civil Procedure. [1st July, 1901.]

1. The Code of Civil Procedure.

2. In this Ordinance,-

' The Court ' means the Supreme Court and Includes the Chief
Justice and any other Judge, sitting separately, in Court or in
Chambers :

' The Registry ' means the Registry of the Court:
' The Registrar ' means the Registrar of the Court

' The bailiff ' means a bailiff of the Court and includes any person
lawfully authorised to execute the process of the Court

---This Code ineans the Code of Civil Procedure established by
this Ordinance

The Hongkong Code of Civil Procedure--- means the Code of
Civil Procedure established by Ordinance No. 13 of 1873, and re-
pealed by Ordinance No. 6 of 1901 (both as numbered before the
comino, into force of the edition of the Statute Laws of the Colony
prepared under Ordinance No. 36 of 1900 now numbered as Ordi-
nance No. 12 of 1900) ; and the expression shall have the same
meaning when used in any other Ordinance:

* As amended by No. 1 of 1912.
+ As amended by No. 1 of 1912 and No. 2 of 1912.
As amended by No. 36 of 1911, No. 50 of 1911, No. 1 of 1912,
No. 27 of 1912 and No. 43 of 1912.





' Within the jurisdiction ' means within the Colony

' Cause ' means any action, suit or other original proceeding
between a plaintiff and a defendant

' Action ' means a civil proceeding commenced by writ of sum-
mons or in such other manner as is prescribed by this Code
' Cause of action ' in actions founded on contract does not
necessarily mean the whole cause of action, but a cause of action
shall be deemed to have arisen within the Jurisdiction if the contract
was made therein, though the breach may have occurred elsewhere,
and also 11 the breach occurred within the Jurisdiction, though the
contract may have been made elsewhere.
' Matter ' includes every proceeding in the Court not in a cause

' Originating summons ' means every suinnions other than a
summons in a pending cause or matter:

' Party ' includes every person served with notice of or attending
Any proceeding, although not named on the record

' Judgment ' includes decree:
' Judgment creditor ' means any person in whose favour a judg-
ruent or order capable ol' execution has been given or made, and
includes any person to whoin such judgment or order has been
transferred.

' Judgment debtor ' means any person against whom a judgment
or order has been given or made

' Receiver ' includes a consignee or manager appointed by or
under an order of the Court.

3. Nothing in this Code shall aflect-

(1) the rights, privileges, or remedies, of the Crown, or the exist-
ing jurisdiction or powers of the Court, further or otherwise than is
herein expressly enacted in that behalf; or
(2) the practice or procedure of the Court prescribed by any
enactment relating to-
(a) causes or matters testamentary,, or in bankruptcy, or in its
Admiralty jurisdiction; or
(b) the incorporation, regulation, and winding up of companies
and Uher associations.

* As amended by No. 2 of 1912.




4. In all cases with respect to which no provision is made by th
Code, the Rules of Practice in force in the Supreme Court in
England on 31st, December, 1911, shall be deemed to be in force in
the Court, subject to their applicability and with such modifications
as the circumstances may require :
Provided that where any subject dealt with in such Rules
Practice is provided for wholly or in part in this Code, the English
rule shall be deemed not to be in force in the Court.

5. This Code is divided into Parts and Chapters, as follows

PART I.-ACTIONS IN GENERAL.
Chapter I.-Tustitution of Action.
Chapter II.-Parties.
Chapter III.-Joinder of Causes of Action.
Chapter IV.-Pleadings.
Chapter V.-Amendment.
Chapter VI.-Discovery, inspection, and Admissions.
Chapter VII.-Issues, Inquiries, and Accounts.
Chapter VIII.-Special Case.
Chapter IX.-Issues of Fact without Pleadings.
Chapter X.-Interlocutory Proceedings.
Chapter XI. -Preliminaries of Trial.
Chapter XII.-Trial.
Chapter XIII-Evidence.
Chapter XIV-Jndgment.
Chapter XV.-Costs.
Chapter XVI.-Execution.
PAPIT II.-SPECIAL ACTIONS AND PROCEEDINGS.
Chapter XVII.-Foreign Attachment.
Chapter XVIII.-Action against the Government.
Chapter XIX.-Action by or against Firm, etc.
Chapter XX.Action by or against Pauper.
Chapter XXI.-Action for Recovery of Immovable Property.
Chapter XXII.-Mandamus.
Chdpter XXIII.-Interpleader.
Chapter XXIV.-Reference to Arbitration.
* As amended by No. 36 of 1911 and No. 8 of 1912.
+ As amended by No. 1 of 1912 and No. 2 of 1912.





PART III-PROVISIONAL REMEDIES.
Chapter XXV--Arrest and Attachment before Judgment.
Chapter XXVI.-Temporary Injunction.
Chapter XXVII. -Receiver.
PART IV.-APPEALS,
Chapter XXVIII-Appeal to the Full Court.
PART V.-MISCELLANIEOUS MATTFRS.
Chapter XXIX.-Business in Chambers.
Chapter XXX.-Various Provisions.

6. All civil proceedings in the Court heretofore called suits shall
be called actions, and shall be instituted and carried on in the man-
ner hereinafter prescribed.

PART I.
ACTIONS IN GENERAL.
CHAPTER I.
INSTITUTION OF ACTION.
Writ of Summons.
7. Subject to the provisions hereinafter contained with respect to
the institution of special actions and proceedings, every action in the
Court shall be cornmenced by a writ of summons.

8.-(1) The writ shall be prepared by the plaintiff or his solicitor.
It shall be written or printed, or partly and partly printed,
and shall specify the name, description, and place of abode of the
plaintiff and of the defendant, so far as they can be ascertained, the
subject-matter of the claim, and the relief or remedy required in the
action.
(2) If the plaintiff sues, or the defendant is sued, in a representa-
tive capacity, the writ shall specify such capacity.

9. The writ shall bear date on the day on which it is issued, and
shall be tested in the name of the Chief Justice.'

10.-(1) The plaintiff or his solicitor shall, on presenting the writ
for sealing, leave with the Registrar a copy of the writ and all the
indorsements thereon.

* As amended by No. 1 of 1912.





(2) Such copy shall be signed by or in the name of the plaintiff's
solicitor or by the plaintiff if he sues in person.

11. The Registrar shall file the copy of the writ, and an entry of
the filing thereof shall be made in the Cause-Book, and the action
shall be distinguished by the date of the year and a number.

12. The writ shall be signed by the Registrar and sealed with the
seal of the Court, and shall thereupon be deemed to be issued.

13. No writ for service out of the jurisdiction, or of which notice
fis to be given out of the jurisdiction, shall be issued without the
leave of the Court.

14. Any alteration in the writ before service, without the leave of
the Registrar or of the Court, shall render the writ void.

15.-(1) If service of the writ has not been effected within 12
months from the date thereof, the writ shall become void: Provided
that the Court may, before the expiration of the then current period,
in its discretiGn, from time to time renew the operation of the writ
for a. further period not exceeding 6 months at one time.
(2) A writ so renewed shall remain in force and be available to
prevent the operation of any enactment whereby the time for the
commencement of the action may be limited, and for all other
purposes, from the date of the issuing of the original writ.

16. The production of a writ of summons purporting to be sealed
with the seal of the Court, showing the same to have been renewed
in manner aforesaid, shall be sufficient evidence for all purposes of
its having been so renewed and of the commencement of the action
as on the date of the original issue of the writ.

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 hereinbefore contained with respect to a writ of sum-
mons shall be deemed to apply to proceedings which may now be
heard on petition without preliminary service on any party, but all

As amended by No. 36 of 1911 and No. 43 of 1912.
As amended by No. 2 of 1912.





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 inoney 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 paynient-of a liquidated
amount of money; or
(3) on any enactment where the sum sou 'ght 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
sgainst the principal is in respect of a debt or liquidated demand
only; or
(5) on a trust,
the writ of summons may, at the option of the plaintiff, be specially
indorsed with a statement of his clairn or of the relief or remedy to
which he claims to be entitled.

y
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 plamtiff, be specially
indorsed with a statement of his clairn. or of the relief or remedy to
which he claims to be entitled.

21.-(1) Where the plaintiff's claini is for a debt or liquidated
demand only, the indorsement, besides stating the nature of the
claim, shall state the amount claimed for debt or in respect of such
demand, and for any interest thereon payable 1) ' v law or under any
contract, 'e:spress or implied, and for costs respectively, and shall
further state that, on payment thereof within 4 days after service,
or, in case of a,,writ not for service within the jurisdiction, within
the time allowled for appearance, further proceedings will be stayed.
As amended by No. 2 of 1912.





(2) The defendant may, notwithstanding such payment, have the
costs taxed, and if inore than one-sixth shall be disallowed, the plain-
tiff's solicitor shall pay the costs of taxation.

22. In default of appearance to a specially indorsed writ ' the
plaintiff, on satisfying the Court that the writ was duly served, shall
be entitled to judgment for any sum not exceeding the sum indorsed
on the writ, together with interest at the rate specified, if any, or, if
c
no rate is specified, at the rate fixed by the Court, to the date of the
judgment, and costs, or that the person who3e title is asserted in
the writ shall recover possession 6f the lininiovable property, and
costs : Provided that the Court may, nevertheless, on such terms as
111av seem just, give leave to the defendant to appear and defend the
action on an application supported by satisfactory affidavits account-
ing for his non-appearance and disclosing a defence on the merits.

21-M Where the defendant appears to a specially indorsed writ,
the plaintiff imay, on filing an affidavit made by himself or by any
other person wbo can swear positively to the facts, verifying the
cause of action and the amount claimed, if any, and stating that in
his belief there is no defence to the action, take out a summons
calling upon the defendant to show cause why the plaintiff should
not proceed to judgment and execution.
(2) On the heaTing of such summons, the Court shall make such
order, and on such terms and conditions, if any, as may be just.

(3) If it appears to the Court that any defendant has a good de-
fence to or ought to be perlilitted to defend the action, and that any
C
other defendant has not such defence and ought not to be permitted
to defend, the former may be, permitted to defend, and the plaintiff
may be allowed to procced to judgment and execution against the
latter, without prejudice to his right. to proceed with his action
acrainst the former.
c

24.-(1) In like manner, in cases of ordinary account as in the
case of a partnership, or executorship, or ordinary trust account,
where nothing more is required in the first instance.than an account,
the writ inay be specially indorsed with a claim for such account,
and in default of appearance, or after appearance, unless the de-
fendant satisfies the Court that there is really some preliminary

As arnanded by No. 1 o





question to be tried, an order lor the proper account, with all
necessary inquiries an~ directions now usual in similar cases, shall
be forthwith made.

(2) The application for such order shall be made by summons and
be supported by an affidavit, when necessary, filed on behalf of the
plaintiff, stating concisely the ground.3 ol` his claim to gn account.
b
The application rpay be made. at any tline after the time for entering
an appearance has expired.

Coneurrent Writs.

M-M The plaintiff in anV action mav, at the tilile of or at any
tline during 12 months a`ter the isstfing (f the original writ of sum
molls, issue one or more conenrrent writ or writs, each concurrent
w't to bear teste of the same day as the original writ, and to be
ri ill j
marked by the Registrar wlith the -word - coneurrent - and the date
of issuing the conciirrent writ : Provided tbat stich concurrent writ
or writs shall only be in force for the period during which the original
writ in the action may be in force.

(2) A writ for service within the jurisdiction inay be issued and
marked as a concurrent writ with one for service, or whereof notice
in lieu of service is to be given, out of the jurisdiction; and a writ
for service, or whereof notice in lien of service is to be given, out of
the 1'tiri-,dlctlon, may be isstied and marked as a concurrent writ with
one for service within the jurisdiction.

Or'
lginating Symmons.

26. An originating summons shall be prepared by the applicant or
his solicitor, and shall be signed by the Registrar and sealed with
l
the seal of the Court, and shall thereupon be deemed to be issued.

27. The applicant or his solicitor shall leave with the Registrar a
copy of the summons signed by the applicant or by or in the name of
his solicitor, and such copy shak be filed by the Registrar.

28.-(1) Every party served with an originating summons shall,
before he is heard, enter an appearance in the Registry.

(2) A party sq served may appear at any time before the hearing
of the summons.

* As amended by No. 36 of 1911.





(3) If he appears at any time after the time limited by the sum -
mons for appearance, lie shall not ' unless the Court otherwise
orders, be entitled to any further time for any purpose than if he
had appeared according to the summons.

29-0) The day and hour for attendance under an originating
qimimons shall, after appearance, be fixed by notice, sealed with the
seal of the Conrt.
(2) The notice shall be served on the defendant or respondent by
delivering a copy thereof at the address for service named in the
memorandum of appearance of such defendant or respondent not
less tban 4 days before the return day.

Provisions relating to Solicitors.
30.-W ]'very solicitor whose name is indorsed on a writ of sum-
mow; shall, on demand in writing made by or on behalf of any
defendant who has been served therewith or has appeared thereto,
declare forthwith in writing whelher such writ has been issued by
him or with his authority or privity.
(.2) If such solicitor declares that the writ wa3 not issued by him
it' his authority or privity, all p oce-dings upon the same shall
or w] 11 1 1 1 r --- 1
be stayed, and no further proceedings shall be taken thereupon

'thou[,
vi - leave of the Court.

31. A party suing or defending by a solicitor shall be at liberty to
change his solicitor in any cause or matter, without an.order for that
purpose, upon notice in writing of such change being filed in the
Registry; but until such notice is filed and a copy thereof served on
c
the opposite party, the former solicitor shall be considered the solici-
tor ofEthe party until the conclusion of the cause or matter.

Service of Process in General.
'ce in 10 in
1 o servi 1, an act' n or other proceed' g shall be made on
Sunday, Christmas Day, or Good Friday.

33. Unless in any case the Court thinks it proper otherwise to
direct, service shall be personal, that is, the document to be served
shall be delivered to the person to be served : -Provided always that
where the duly authorised solicitor of the person to be served under-
takes to accept service on behalf of his client, service on such
solicitor shall be equivalent to personal service on the client, and all





further service in the action or proceeding may be made by deliver-
ing the document to be, served to such solicitor or by leaving the
same at his place of business.

M-M Where it is made to appear to the Coikt that for any
reason prompt personal service of any document of which service is
required cannot convenientlv be elTected, the Court may order that
service be effected-
(a) by delivery of the document to ])c served, together with the
order for service, to some adult inmate at the usnal or last known
place of abode or business within the Colony of the person to be
served ; or
(b) by delivery thereof to some agent within the Colony of the
person to be served, or to some other person within the Colony
through whom it appears to the Court that there is a
probability that the document and order served will come to the
knowledge of the person to be served; or
(c) by advertisement thereof in one or more newspapers published
in the Colony, - or
(d) by notice thereof put up at the Court IT(Lise, or at some other
place of public resort, or at the usual or last known place of abode or
business within the Colony of the person to be served; or
(c) in any two or more of these ~,iodes.

(92) Every application for an order for such service shall be sup-
ported by an affidavit setting forth the grounds on which the
application is made.

Service of Process in Particular Cases.

35. When the action. or other proceedin,g is against a person, in
the service of the Government, the Court may transmit a copy of the
document to be served to the head of the department in which the
defendant is employed, for the purpose of being served on him, if it
appears to the Court that the document may i-nost conveniently be
so served.

36. When the action or other proceeding is against a company or
corporation created by charter or letters patent, or by or under any
Ordinance, which has its principal officer or its principal office or
its principal ~iace of business or registered office in the Colony,

* As amended by No. 36 of 1911 and No. 2 of 1912-





authorised to sue and be sued in the name of an officer or trustee,
the document may be served by giving it to any director, secretary,
or other principal officer, or by leaviner it at the office, of the cor-
poration or company.

37. When the action or other proceeding is against any corpora-
tion or company which does -not fall wilhin the 1)-rw,7is-10iis of the
last section, but which Las an office and carries on business in the
Colony, the docunient may be 'served by cfjviiig it to the principal
officer, or by leaving it at the office, of the corporation or corripany
within the Colony.

33. When the action or other I's a husband and
his wife, the document shall he served on both, iinless the Court
otherwise orders.

39. When the action or other proceeding is against an infant, the
document may be served on his father or guardian or, if there is no
father or guardian, then on the person with whom the infant resides
or under whose care he is : Provided that the Court may order that
service made or to be made on loe infant sliall bc deenied
good service.

40. U-lien the action or other proceedin,,-, Is against a lunatic or
person of -unsound mind not so fowid by inquisition, the document
may, unless the Court otherwise orders, be served on the committee
of the lunatic or on the person with whoin. the person of unsound
mind resides or under whose care he is.

41. When the action or other proceeding is against a, person
residing out of the Jurisdiction, but carrying on business in the
Colony in his own name or under the ninie of a firni through a duly
authorised agent, the document nnay be served by giving it to such
agent, and such service shall be equivalent to personal 'service on
the defendant.

Service out of the Jurisdiction.
42.-(1) Service out of the jurisdiction of a. writ of summons, or
notice of a writ of suninions may be allowed by the Court when-
ever-

As amended by No. 36 of 1911.
Xs amended by No. .96 of 1911, No. 2 of 1912~ No. 8 of 1912 and
No. 49 of 11112 Skipp. Sched.





(a) the whole subject-niatter of the action is immovable property
situate within the jurisdiction (with or without rents or profits) ; or
(b) any act, deed, will, contract, obligation, or liability affecting
immovable property situate within the jurisdiction, is sought to be
construed, rectified, set aside, or enforced in the action ; or
(C) any relief is sought against any person doiniciled or ordinarily
resident within the jurisdiction ; or
(d) the action is for the administration of'the personal estate of
any deceased person who at the tirne of his death was domiciled
within the jurisdiction, or for the execution (as to property situate
v'th' 1
n in the Jurisdiction) of the trusts of any written instrunient, of
which the person to be served is a trustee, which oucilit to be~
executed according to the law of the Colony; or
(e) the action is on a contract and the cause of action has arisen
within the jurisdiction; or
(f) any injunction is sought as to anything to be done within the
jurisdiction or any nuisance within the Jurisdiction is sought to be
prevented or. removed, whether damages are or are. not also sought
in respect-thereof ; or
(g) any person out of the Jurisdiction is a necessary or proper
party to an action properly brought against some other person duly
served within the Jurisdiction.

(2) Every application for leave to serve a ~-,-rit of summons or
notice of a writ of suinnions on a defendant out of the Jurisdiction
shall be supported by affidavit or other evidence, stating that, in the
belief of the deponent, the plaintiff has a good cause of action, and
showing in what place or country such defendant is or probably
ruay be found,, and whether such delendant is a British subject or
not,, and the grounds on which the applicafion is inade; and no such
leave shall be granted unless it is inade sufficiently to appear to the
Court. that the case is a proper one for service out of the jurisdiction
under this section.

(3) Any order giviii,o, leaxe, to ellect such service shall limit a tin-le
after the service within which the defendant is to enter an appear-
ance, such time to depend on the place or country, where or within
which the writ is to be served.

(4) When the defendant is neither a Lritish subject nor in
British d.oniinioiis, notice of writ, in form 8a in the schedule, and
not the writ itself, is to be served upon hini,





(.5) Where leave is given under this section to serve notice of a
writ of summons out of the jurisdiction, such notice shall be served
in the manner in which writs of summons are served; and when-
ever in any section of this Code a isrlt of summons and service of a
writ of summons out of the Jurisdiction is referred to, it shall be
held to apply, inutatis inutandis, where the defendant is not a
British subject, to notice of a writ and the serving of notice of writ
of summons respectively.

(6) This section shall apply to writs of suninions and notices of
writs of suinnions in Probate actions.

(74 ) The Court or a Judge ii-iav direct that any summons, order or
notice, shall be served on any party or person in a foreigii country
and the procedure prescribed by this section with reference to ser-
vice of notice of writ of suinnions shall apply to the service of any
stlininoils, order o.. notice so directed to be served.

(8) Where leave is given to serve notice of a writ of summons,
or other docunient_in an foreign country to -~s-lilch Order XI, rule
y t>
8, of the Rules of the Supreme Gourt in England has by order of the
Lord Chancellor been applied, the, following procedure shall be
adopted :-
(i) The notice to be served shall be sealed with the seal of the
Court and shall be forwarded bv the Judge to the Colonial
,Secretary, together with a copy thereof translated into the
language of the country in which service is to be effected, and with
a request that the necessary steps be taken for the further
transmission of the same, through the proper channels, to tile
Government of the country in which leave to serve notice of the
writ has been given. Such request shall be in form 8b in the
schedule with such variations as circumstances may require.
(ii) The party bespeaking a copy notice of writ for service under
this section shall, at the tin-ie ol bespeaking the same, file a pro(vcipe
in form Se in the schedule.
(iii) An official certificate, or declaration upon oath, or otherwise,
transmitted through the diplomatic channel by the Government or
Court of a foreign country to which this section applies, to
the Supreme Court, shall, provided that it certifies or declares the
notice of the writ to have been personally served or to have been
duly served upon the defendant in accordance with the law of such
foreign country, or words to that effect, be deemed to be sufficient
proof -of such service, and shall be filed of record as, and be





equivalent to, an afflidavit ol service within the requireirients of this
section in that behalf.
(iv) Where an official certificate or declaration, tra~sii-iitted to
the Supreme Court in manner provided in the last sub-section,
certifies or declares that efforts to serve a notice of writ have been
without effect, the Court or a - Judge may, upon the ex parte
application of the plaintiff, order that the plaintiff be at liberty to
bespeak a request for substituted service of such notice. Such order
shall be in lorm Se in the schedute with such variations as Circum-
stances may require.
(v) A request for substituted service of a notice of writ under
this section may be bespoken by the plaintiff at the Registry upon
filing & prcfcipe in form So in the schedule, and the notice of writ
and copy of the same, and the order shall be sealed and transmitted
to the Colonial Secretary in manner aforesaid together with t
request 'in form Sd in the schedule, with such variations as
circumstances may require.

Service of Process for Foreign Tribiiiials.
42a. Where in any civil or commercial matter pending before a
Court or Tribunal of a foceign country a letter of request froni such
Court or Tribunal for service. on any person in this Colony of any
process or citation in such matter is transmitted to the Supreme
Court by the Colonial Secretary with an intimation that it is
desirable that effect should be given to the swne, the following pro-
cedure shall be adopted
(i) The letter of request for ~ervice shall be. acconipanied by a
translation thereof in the Enrlish language, and by two copies of
the process or citation to be served, and two copies thereof in the
English language.
(ii) Service of the process or citation shall be effected by
the bailift.
(Iii) Such service shall be effected by deliverin to and leaving
with the person to be served one copy of the process to be served,
and one copy of the translation thereof, in accordance with the
practice of the Court regulating service of process.
G0 After se rvice has been effected the bailiff shall return to the
Registrar one xopy of the process, together with an affidavit of
service verifiedby notarial certificate, and particulars of charges for
the cost of effecting such service.
As ametided bj Nco. 80 oi 1911 aud No~ 8 ot 1912.





(v) The Registrar shall certify the correctness of the charges,
or such other aniount as shall be properly payable for the cost of
effecting service. A copy of such charges and certificate shall be
forwarded to the Colonial Secretary.
(vi) The Registrar shall send to the Colonial Secretary the letter
of request for service received from the foreign country, together
with the affidavit of service, with a certificate appended thereto duly
sealed with the seal of the Court. Such certificate shall be in form
8f in the schedule.
(z:ii) Upon the application of the Grown Solicitor with the con-
sent of the Attorney General, the Court or a, Judge may make all
such orders for substituted service or otherwise as may be necessar.v
to give effect to this section.

Variation of Order for Service, etc.
C. Any order for service niay be varied by the Court*with res-
pect to the mode of service directed by the order, as occasion may
require.

41. Where the service of process by the bailiff will be attended
with expense, lie shall not (except by direction of the Registrar or
,,v order of the Court) be bound to effect the saine, unless
the reasonable expenses thereof have been previously tendered to
him by the party reqiiii.lri~g such service; and such expenses shaffl
be costs in the cause or matter.

Sumnioning Defendant.
45.-(1)The plaintiff shall carlse a copy of the writ of summons
to be served on the defeidant,, and such copy shall contair. a
meniorandurn indorsed thereon requiring the defendant to enter an
to the action within 8 days from the day of such service,
or, in case ol service out of the jurisdiction, within such time as
the Court may have ordered.
(2) The person serving the writ shall, within 3 days at most after
such service, indorse on the writ the day of the month and week of
the service thereof, otherwise the plaintilT shall not be at liberty,
in case of non-appearance, to proceed by default; and every
affidav't of service of the writ shall ii-iention the day on which the-
indorsement was made. This sub-section shall apply to substituted
as well as other service.

* As amended by No. 50 of 1911.





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

Appearanee of Dr, ' fendant.
46. The defendant shall, within 8 da * vs from the day of service
on 131111 of tile writ of surniliolis 'or, in e,,,,se of service out of the,
Jurisdiction, within such tline -as the Court inay have ordered, cause
an appearance to the action to be entered for hini in the Registry.
c

47. In every case oll service of a writ, of suninions out of
the jvxisdictioi-i, the entr ' v of appearance thereto shall specify the
Parne and' address of soine, solicitor, agent, or other person within
the jurisdiction on substituted service of a,ll 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 the action as if no -appearance
had been entered.

48. Where an action is brought by a plaintifl rf,,qiding out of the
Jurisdiction, and it is made to appear, by affidavit or otherwise, to
the satisfaction of the Coxirt, that the defendant has a bond fide
claini against the plaintiff which can be conveniently tried by, the
Court, it shall be lawful for the Court, in its discretion, to stay pro-
ecedings in the action so brought by the absent plaMtiff 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.

49. The delendant before appearing shall be at liberty, without
obtaining an order to enter or entering a conditional appearance, to
apply by sumiTions to sat asMe the service on hini of the writ of
sumi-nons or to discharge the order authorising such service.

Default of Appearavee.
50.-(1) If the defendant falls 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 difly -served, the Court
may give leave to the plaintiff to proceed with the action ex parte.
n
(2) The plaintiff may there-upon file his statement of claim, and
apply forthwithto have the cause set down for trial.

* As amended by No. 36 of 1911,





51. If the defendant enters an appearance at any time before the
trial of the action, he may, on such tern-is as the Court may direct
as to-the payment of costs or otherwise, be heard in answer to the
action, in like manner as if he had duly entered an appearance
within the time limited as aforesaid.

52. When the cause had been called on, the Court inay proceed
to try it ex parte, and may, on the evidence adduced by the
plaintig give such judgment as inay appear to be just.

53. Where a defendant. or respondent to an ori!~,incltin~T SUArnmollS
fails to appear within the tin-ie lin-lited in that lbelialf, the plaintiff
or applicant may apply to the Court for an appointment for the
hearing of the summons, and, on being satisfied th-at no appearance
h'. been entered, the Court shall appoint P. tli-ne for the hearing of
the stininions, on such conditions, if any, as it nlay think fit.

CHAPTER 11.

PARTIES.
Parties in General.
54. All persons may be joined in one action as plaintiffs, ill
whom any right to relief in respect of or arising out of the same
transaction or series of transactions is alle-ed to exist, whether
c
jointly, severally, or in the al(ernative, where if such persons
brought separate actions any conanon question of law or fact would
a-rise; and Judgment may be given for such one or more of
the plaintiffs as.may be found to be entitled to relief, for such relief
as lie or they may be entitled'to, withont any aniendment : Pro-
vided that if, on the appli ation of any defendant, it appears that
I ic 1
su eh joinder may embarrass or delay the trial of the action, the
Court may order separate trials or make such other order as may
be expedient. But the defendant, though unsuccessful, shall be
entitled to his costs occasioned by so joining any person who is not
found to be entitled to relief, unless the Court in disposing of the
costs otherwise directs.

55. Where an action has been con-in-tenced in the name of the
wrong person as plaintiff, or where it is doubtful whether it baq
been commenced in the name of the right plaintiff, the Court may,

As aniended by No. 36 of 1911.





if satisfied that it has been so commenced through a bond fide mis-
take and that it is necessary for the determination of the real
matter in dispute to do so, order any other person to.be substituted
or added as plaintiff, on such terms as may be just.

56. Where in an action any person has been improperly or un-
necessarily joined as a co-plaintiff, and a defendant has set up a
counterclaim or set-off, lie may obtain the benefit thereof by
establishing his counterclaim or set-off as against the parties other
than the co-plaintiff so joined, Dotwitlistanding the misjoinder of
such plaintiff or any proceeding consequent thereon.

57.-(1) All persons may be joined as defendants against whom
the right, to any relief is alleged to exist, whether Jointly, severally,
or in the. alternative ; and judgment may be given against such one
or more of the defendants as may be found to be liable, accordirle,
to their respective liabilities, without any amendment,.
(2)~ It shall not be necessary that every defendant shall be 111-
terested as to all the relief prayed for, or as to every cause of action
included in any proceeding against him ; but the Court may make
such order as may appear 'iist to prevent any defendant from being
embarrassed or put to expense by being required to attend any
proceedings in which he may have no interest.
(3) The plaintiff may, at his option, join as parties to the same
action all or any of the persons severally, or jointly and severally,
liable on any one contract, including parties to bills of exchange and
promissory notes.

58. Where the plaintiff is in doubt as to the person from whom he
is entitled to redress, lie may, in such manner as is hereinafter
mentioned, join two or more defendants, to the intent that the
question as to which, lif any, of the defendants is liable, and to what
extent, may be determined as between all parties.

59.-M Trustees, executors, and administrators may sue and be
sued on behalf of or as representing the property or estate of which
they are trustees or representatives, without joining any of the
persons beneficially interested in the trust or estate, and shall be
considered as representing such persons; but the Court may, at
any stage of the proceedings, order any of such persons to be made
parties, eith& in addition to or in lieu of the previously existing
parties.





(2) This section shall apply to trustees, executors, and adminis-
trators sued in proceedings to enforce a security by foreclosure or
otherwise.

60. In any action for the prevention of waste or otherwise for
the protection of property, one person may sue on behalf or for the
benefit of himself and all persons having the same interest.

61. Where there are numerous persons bavin., the same interest
in one cause or matter, one or more of such persons may sue or be
sued, or may be authorised by the Court to defend, in such cause
or matter, on behalf or for the benefit of all persons so interested.

62. Where, in proceedings concernincr a trust, a compromise is
proposed and some of the persons interested in the cornpronlise are
not parties to the proceedings, but there are other persons in the
same interest before the Court and assenting to the coinpromise, the
Court, if satisfied that the compromise will be for the benefit of the
absent persons and thal to require service on such persons would
cause unreasonable expense or delay, may approve the compromise
and order that the same sha.11 be binding on the absent persons, and
they shall be bomid accordingly, except where the order has been
obtained by fraud or non-disclosure of material facts.

61-M No cause or matter shall be deFeated by reason of the
misjoinder or non-joinder of parties, and the Court may in every
cause or matter deal with the niatter in controversy so far as regards
the, rights and interests of the parties actually before it.
(2) The Court may, at any stage of the proceedings, either on
or without the application of either party and on such terms as
may appear to the Court to be just, order that the names of any
parties improperly joined, whether as plaintiffs or as dafendants, be
struck out, and that the names of any parties, whether plaintiffs or
defendants, who ~ought to have been joined, or whose presence
before the Court may be necessary. in order to enable the Court
effectually and completely to adjudicate upon and settle a11 the ques-
tions involved in the cause or matter, be added.

(3) No person shall be added as a plaintiff suing without a. next
friend, or as the next friend of a plaintiff under any disability,
,-without his own consent in writing thereto.
(4) Every party whose name is so added -as a defendant shall be
served with a writ of summons, and the proceedings as against:such





party shall be deemed to have begun only on the service of such
writ.

64. Any application to add, or strike out, or substitute a plaintiff
or defendant may be rnade to the Court at any time before trial by
motion or summons, or at the trial of the action in a summary
manner.

65. Where a defendant is added or substituted, the plaintiff shall,
unless otherwise ordered by the Court, amend the writ of S111111110-ns
and the copy thereof on the file, and serve such new defendant with
such amended writ in the same manner as an original defendant is
served.

M-M Where there are more plaintids than one, any one or
innore of them may be authorised by any other of them to appear,
plead, or act for such other in any action or other proceeding under
this Code.

(2) In like manner, where there are more defendants than one,
any one or more of thern may be authorised by any other of them
to appear, plead, or act for such other in any such action or
proceeding.
(3) In every such case the authority shall be in writing signed
by the party giving it, and shall be filed in the Registry.

Persons iinder Disability.
67. An infant may sue as plaintifl by his next friend, in the
manner heretofore practised, and may, iti like manner, defend any
action by his guardian appointed for that purpose.

68. Where a lunatic or person of unsound mind, not so found by
inquisition, might formerly have sued as plaintiff or would have
been liable to be sued as defendant in any suit, lie may sue as plain-
tliff in any action by his committee or next friend, and may defend
any action by his committee or guardian appointed for that purpose.

M-M Where default is made by a defendant in entering an
appearance to an action, after due service of the writ of summons,
and it appears to the Court that he. is an infant or a person
of unsound mind, not so found by inquisition, so that he is unable
of himself to defend the action, the Court may, on the application
of the plaintilf-or'of its own motion, appoint some fit person to be
guardian of the defendant for the purpose of the action, by-whom
he may defend the same,





(2) No such order shall be made except on notice, after expiration
of the time for appearance and 4 days at least before the day named
in the notice for the hearing of the application; and such notice
shall be left at the dwelling house of the person with whom or under
whose care the defendant was at the time of service of the writ of
summons, and shall also, in the case of an infant not residing with
or under the care of his father or guardian, be served on or left at
the dwelling house of his father or guardian, unless the Court thinks
fit to dispense with such last-mentioned service.

70.-(1) An infant shall not enter an appearance except by his
guardian ad litem.

(2) No order for the appointment of such guardian shall be neces-
sary, but the solicitor applying to enter such appearance shall make
C
and file an affijavit for that purpose.

71.-(1') Every infant served with a petition or notice of motion,
or summons in a matter, shall appear on the hearing thereof by a
c)
guardian ad 11tem in all cases in which the appointment of a special
guardian is not provided for.

(2) No order for the appointment of such guardian shall be neces-
sary, but the solicitor by whom he appears shall previously make
and file an affidavit as mentioned in the last section.

72. Before the name of any person shall be used in any action as
next friend of any infant or other party or as relator, such person
shall sign a written authority to the solicitor for that purpose, and
the authority shall be filed in the Registry.

73. In any cause or matter to which any infant or person
of unsound mind, whether so found by inquisition or not, or person
under any other disability, is a party, any consent as to the mode
of taking evidence or as to any other procedure shall, if given, wi th
the consent of the Court, by the next friend, guardian, committee,
or other person acting on behalf of the person under disability, have
the same force and effect as if such party were under no disability
and had given such consent: Provided that no such consent by
any committee of a lunatic shall be valid as between him and the
lunatic unless given with the special sanction of the Chief Justice.

* As amended by No. 50 of 1911.





Adyiiin,i,~tra,ti(l~s and Trusts.

M-M in any case in whiett th, right of an heir-at-law, or the
next of kin, or'a class depends upon the construction which the
Court may put upon an instrument, and it is not known or is
difficult to ascertain who is or are such heir-at-law, next of kin, or
class, and the Court considers that, in order to save expense or for
some other reason, it will be convenient to have the questions of
construction determined before such lieir-at-law, next of kin, or
class has or have been ascertained by means of inquiry or otherwise,
the Court may appoint one or more persons to represent such heir-
at-law, or to represent all or any of such next of kin or class, and
the judgment of the Court shall be binding on the person or
persons so rep~esented.
(2) In any other case in which an heir-at-law, or any next of
kin, or a class is or are represented in any proceedings, the Court
may, if, having regard to the nature and extent of the interest of
such persons or of any of them, it appears exp i edient on account of
the difficulty of ascertaining such persons or in order to save ex-
i h heir-at~law, or
pense, appoint one or more persons to represent sud
to represent all or any of such next of kin or class, and the jJdgment
of the Court shall be bindiner on the person or persons so repre-
g
sented.

75. Any residuary legatee or next of kin entitled to a judgment
0
or order for the administration of the personal estate of a deceased
person may have the same without serving the remaining residuary
legatees or next of kin.

76. Any legatee interested in a legacy charged upon immovable
property, and any person interested in the proceeds of immovable
property directed to be sold, and who may be entitled to a judgment
or order for the administration of the estate of a deceased person,
may have the same without serving any other legatee or person
interested in the proceeds of the property.

77. Any residuary devisee or heir entitled to the like judgment
or order may have the same witboat serving any co-residuary de-
visee or co-heir.

78. Any one of several cestuis que trustent under any deed or in-
strument entitldd to a judgment or order for the execution of the
trusts of the deed or instrument may have the same without serving
any other cestui que, trust.





79. Any executor, administrator, or trustee entitled thereto may
have a judgment or order against any one legatee, next of kin, or
cestui que trust for the administration of the estate or the execution
of the trust.

80. The Court may require any person to be made a party to any
action or other proceeding, and may give the conduct of the action
or proceeding to such person as.it may think fit, and may make
such order in any particular case as it may think just for placing the
defendant on the record on the same footino. in rcuard to costs as
cl t)
other parties having a common interest with him in the matters in
question.

81.-(1) Where, in any action for the administration of the
estate of a deceased person, or for the execution of the trusts of any
deed or instrument, or for the partition or sale of any immovable
property, a judgment or order has been pronounced or made-
(a) for the making of inquiries; or
(b) for the taking of accounts; or
(c) affecting the rights or interests of persons not parties to the
action,
the Court may direct that any persons interested in the estate, or
under the trust, or in the immovable property shall be served with
notice of the judgment or order; and after such notice such persons
shall be bound by the proceedings in the same manner as if they
had originally been made parties, and shall be at liberty to attend
the proceedings under the judgment or order.

(2) Any person so served may, within one month after such ser-
vice, apply to the Court to discharge, vary, or add to the Judgment
or order.

(3) It shall not be necessary for any person served with notice
of any judgment or order to obtain an order for liberty to attend
ry
the proceedings under such judgment or order, but such person shall
be at liberty to attend the proceedings on entering an appearance in
the Registry in the same manner, and subject to the same provi-
sions, as a defendant entering an appearance.

(4) A memorandum of the service on any person of notice of the
judgment or order in any action under this section shall be entered
in the Registry, on due proof by affidavit of such service.





(5) Notice of a judgmeni or order served pursuant to this section
shall be entitled in the action, and there shall be indorsed thereon
a memorandum of such notice.
(6) Notice of a judgment or order on an infant or person
of unsound mind, not so found by inquisition, shall be served in the
same manner as a writ of summons in an action.

82. In any cause or matter to execute the trusts of a will, it shall
not be necessary to make the heir-at-law a party, bilt the plaintiff
shall be at liberty to make the heir-at-law a party where he desires
to have the will established against him.

83.-(1) If in any cause or matter it appears to the Court that
any deceased person who -was interested in the matter in question
has no legal personal representative, the Court may proceed in the
absence of any 1-,,.~-rsoii representing the estate of the deceased
i t some person to represent his estate for all
person, or may appoin ( 1
the purposes of the cause or matter, on such notice to stich persons,
if any, as the Court may think fit, either specially or generally by
public advertisement, and the order so niade, and any order
consequent thereon, shall bind the estate of the deceased person
in The same manner in every respect a., 'it' a difly constituted legal
personal representative of the deceased person had been a party to
the cause or matter.
(2) ---Estate--- in this and in all other sections shall have the
saine meaning as in the Probates Ordinance, 1897,
81.-(1) In any cause or matter for the administration of the
estate of a deceased person, no party other than the executor or
administrator shall, except by, leave of the Court, be entitled to
appear, either in Conit or in Chambei-3, on the claim of any person
not a party to the cause or inatter against the estate of the deceased
person in respect of any debt or liability.
(2) The Court may direct or give libert-y to any other party to the
cause or matter to appear, either in addition to or in the place of the
executor or administrator, on such ternis as to costs or otherwise as
it may think fit.

Third Party Procedure.
85.-(1) Where a defendant claims to be entitled to contribution
or indemnity over against any person not a party to the action, he
c
may, by leave--~f the Court, issue a notice (hereinafter called the
third-party notice) to that effect, sea,Ied with the seal of the Court.
As anieiij.-d-by No. 36 of 1911 and No. 1 of 1912.





(2 ' ) A copy of such notice shall be filed in the Registry, and shall
be served on such person in the same manner as a writ of summons
in an action.

(3) The notice shall state the nature and -rounds of the claim,
and shall, unless otherwise ordered by the Court, be served within
the tiMe limited for filing the statemen.t of defence of such
defendant.

(4) With the notice there shall be served a copy of the statement
of claim.

86.-(1) If a person, not a party to the action, who is served as
mentioned in the last section (hereinafter called the third party)
desires to dispute the plaintiff's claim in the action as against the
n
defendant on syliose , behalf the notice has been given, or his own
liability to the defendant, the third party must enter an appearance
in the action -svltliln 8 days from the service of the notice.

(2) In default of fils so doing, he shall be deemed to admit the
validity of any judgment obtained against such defendant, whether
obtained by conceiit or otherwise, and his own liability to contribute
or indemnify, as the case may be, to the extent claimed in the third-
party notice : provided that a person so served and failing to appear
within the said period of 8 days may apply to the Court for leave to
appear, and such leave n_lay be given on such terms, if any, as the
Court may think just.

87. Where a third party makes default in entering an appearance
in the action, in case the defendant giving the notice suffers judg-
inent by default, be shall be entitled, at any time after satisfaction
of the judgment against himself or before such satisfaction, by leave
of the Court, to enter 'ud-ment agalnst the third party to the extent
of the contribution or indemnity elaim-ed in the third-party notice
y
Provided that it -1all be lawful for the Court to set aside or vary
such judgment on such terms as may seem just.

88.-(1) Where a third party makes default in entering an appear-
ance in the action, in case the action is tried and results in favour of
the plaintiff. the Court may, at or after the trial, enter such jud---
ment as the nature of the case may require for the defendant giving
the notice a(sainst the third party : Provided that execution thereof
shall not be issued without leave of the Court until after satisfaction
b y such defendant of the judgment against him.

* As amended by No. 50 of 1911.





(2) If the action is finally decided in the' plaintiff's favour other-
wise than by trial, the Court may, on application by motion or
summons, as the caRe may be, order such judgment as the natnre
of the case may require to be et)tered for the defendant giving the
notice against the third party at any time after satisfaction by such
defendant of the judgTient algainst hirR.

. 89. Where a third party enters all appearance in the action, the
defendant giving the notice may apply to the Conrt for directions,
and the Court, on the hearing of such application, way, if it is
ity
satisfied that there is a question proper to be. tried as to the liabili
of the third party to rnake the contribution or indemnity clinned,
in whole or in pari, order tbe question of such liability, as bet-ween
the third party and the defend-ant giving the notice, to be tried ill
such manner, at or after the trial of the action, a,- the Court may
direct ; and, if it is Dot so satisfied, may order sueb Indgment as the
nature of the case inay require to be entered in favour of the
defendant giving the notice against the third parti.

90. The Court, on the hearing of the. application mentioned in the
last section, rnav, ir it appears desirable to do so, give the third
party liberty to defend the action, on such terms as may be just,
or to appear at the trial. arid take such part therein as rnay be just,
and generally may order such proceedings to be tak-en, documents to
be delivered, or amendments to be made, and give such directions
as the Court may think proper for having the question most con-
veniently determined, and as to the mode and extent in or to which
the third party shall be bound or made liable by the 'ude, ent in the
action.

91. The Court may decide all questions of costs as between a
third party and the other parties to the action, and may order any
one or more to pay the costs of any other or others, or give such
direction as to costs as the justice of the case may require.

92. Where a defendant claims to be entitled to contribution or
indemnity algainst any other defendant to the action, a notice may
be issued and the same procedure shall be adopted, for the determi-
nation of such question., between the defendants, as would be issued
and taken aghinst, such other defendant if such last-mentioned

* As amended by No. 50 of 1911.





defendant were a third party; but nothing herein contained shall
prejudice the rights of the plaintiff against any defendant the
action.

Change of Parties by Marriage, etc.
93. A cause or matter shall not become abated by reason of the
marriage, death, or bankruptcy of any of the parties, if the cause of
action survives or continues, and shall not becortic defective by the
conveyance, assignment, creation, or devolution of anly, estate or title
pendente lite; Zand, whether the cause of action survives ot not, there
shall be no abatement by reason of the death of either party between
the verdict or finding ol the issues of fact and the Judgment, but
judgment may in such case be entered, notwithstanding the death.

94. In case of the marriage, death, or bankruptcy, or devolution
of estate by operation of law, of any party to a cause or inatter, the
Court may, if it is deemed necessary for the complete settlement of
all the questions involved, order that the husband, personal repre-
sentative, trustee, or other successor in interest, if any, of such
party be made a party, or be served with notice in such rnanner and
form as is hereinafter prescribed, and on such terms as the Court
may think just, and shall make such order for the disposal of the
cause or matter as may be just.

95. In case of the conveyance, assignn.ient, creation, or devolution
of any estate or title 1)eiideiite lite, the cause or matter may be con-
tinued by or against the person to or upon whom such estate or title
has come or devolved.

96. Where by reason of marriage, death, or bankruptcy, or any
other event occurring after the commencement of a cause or niatter
and causing a change or transmission of Interest or -liability, or by
reason of any person interested coming into existence after the com-
mencement of the cause or matter, it becomes necessary or desirable
that any person not already a party should be irnade d party, or that
any person already a party should be made a party in aDother
capacity, an order that the proceedings shall be carried on between
the continuing parties and such new party or parties may be obtain-
ed ex parte on application to the Court, upon an affidavit of such
change or transmission of interest or liability or of such person
interested having come into existence,





97.-M An order obtained under the last section shall, unless the
Court otherwise directs, be served on the continuing party or parties
or their solicitors, and also on each such new party, unless the per-
son making the application is himself the only new party.
(2) The order shall from the time of such service, subject, never-
theless, to the next two sections, be binding on the persons served
therewith, and every person served therewith who is not already a
party to the cause or matter shall be bound to enter an appearance
thereto within the same time and in the same manner as if he had
been served with a writ of summons in an action.

.08. Where any person being under no disability or under no dib-
ability other than coverture, or being under any disability other than
coverture but having a guardlan ad litem in the cause or matter, is
served with an order to carry on proceedings under section 96, such
person may apply to the Court to discharge or vary such order at
any time within 12 days from the service thereof.

99. Where any person being under any disability other than
coverture, and nota guardian ad litem, in the cause or
matter, is served with an order to carry on proceedings under section
96, such person may apply to the Court to discharge or vary such
order at any time within 12 days from the appointment of a
guardian ad litem. for such person, and until such period of 12 days
has expired such order shall have no force or effect as against such
last-mentioned person.

100. When the plaintiff or defendant in a cause or matter dies,
and the cause of action survives, but the person entitled to proceed
falls to proceed, the defendant (or the person agailist whom the
cause or matter may be continued) 'may apply by sunimons to com-
pel the plaintiff (or the person entitled to proceed) to proceed withlin
such time as may be ordered, and, in default of such proceeding,
judgment may be entered for the defendant or, as the case way be,
for the person againA whom the cause or matter might have been
continued ; and in such case, if the plaintiff has died, execution may
issue as in the case provided for by section 390.

101. Where any cause or matter becomes abated or in 'the case of
any such change of interest as is in this Chapter provided for, the
solicitor for- the plaintiff or the person having the conduct of the

* As amended bj. No. 50 of 1911.





cause or matter, as the case may be, shall certify the fact to the
Registrar, who shall cause an entry thereof to be made in the Cause
Book opposite to the name of such cause or matter.

102. Where any cause or inatter has been standing for one year In
6
the Cause Book marked as ---abated,' or standing over generally,
such cause or matter at the expiration of the year shall be struck out
of the Cause Book.

CHAPTER III.
JORNW11 OF CAUSFS OF ACTION.
103. Subject to the following sections of this Chapter, the plain.
tiff may unite in flie saine action several causes of action, but if it
appears to the Court that any such causes of action cannot be
conveniently tried or disposed of together, the Court may order
separate trials of any of such causes of action to be had or may
make such other order as may be necessary or expedient for the
separate disposal thereof.

104. No cause of action shall, except by leave of the Court, be
J . oined with an action for the recovery of immovable property,
except clainis ill respect of inesne profits, or arrears of rent,
or double value ill respect of the premises claimed or any part
thereof, and daniages for breach of any contract under which the
same or ally part thereof are held or for any wrong or injury to the
premises claimed: Provided that nothing in this Chapter shall
prevent any plaintiff in an action for foreclosure or redemption
froin asking for or obtaining all order against the defendant for
delivery of the mortgaged property to the plaintiff on or after the
order absolute for foreclosure or redemption, as the case may be,
and such an action for foreclosure or redemption and for such de-
livery of possession shall not be deemed an action for the recovery
of immovable property within the meaning of this Chapter:
Provided, also, that in case any mortgage security is foreclosed by
reason of the default to redeeni by any plaintiff in a redemption
action, the defendant in whose favour such foreclosure has taken
place may, by motion or summons, apply to the Court for an order
for the delivery to him, of possession of the mortgaged property, and
such order may be made thereupon as the justice of the case may
require..





105. Claims by a trustee in bankruptcy as such shall not, except
by leave of the Court, be Joined with any claim by him in any other
capacity.

106. Claims by or against husband and wife may be joined with
claims by or against either of them separately.

107. Claims by or against an executor or administrator as such
may be joined with claims by or against him personally, provided
the last-mentioned claims are alleged to arise with reference to the
estate in respect of which the plaintiff or defendant sues or is sued
as executor or administrator.

108. Claims by plaintiffs Jointly may be joined with claims by
them or any of them separately agamst the same defendant.

109. The last three sectlons shall be subject to sections 103 and

110.-(1) Any defendant alleging that the plaintiff has united in
the same action several causes of action which cannot be converi-
iently disposed of together may at any, time apply to the Court for
an order confining the action to such of the causes of action as may
be conveniently disposed of together.
(2) If, on the hearing of such application, it appears to the Court.
that the causes of action are such as cannot all be conveniently dis-
posed of together, the Court may order any of such causes of action
to be excluded and consequential amendments to be made, and
may niake such order as to costs as may be just.

CHAPTER IV.

PLEADINGS.
General Rules of Pleading.
111. The following rules of pleading shall be used in the Court.

112.-(1) Every pleading shall contain, and contain only, a
statement in a summary form of the material facts on which the
party pleadincg relies for his claim or defence, as the case may be,
but not the evidence by which they are to be proved.
* As amended by No. 50 of 1911.





(2) It shall, when necessary, be divided into paragraphs,
numbered consecutively, and each paragraph shall, as nearly as
may be, contain a separate and distinct statement or allegation.
(3) Dates, sums, and numbers shall be expressed in figures and
not in words.

113. Signature of counsel shall not be necessary; but where a
pleading has been settled by counsel it shall be signed by him ; and,
if not so settled, it shall be signed by the solicitor, or by the party,
if he sues or defends in person.

114. In all cases in which the party pleading relies on any mis-
representation, fraud, breach of trust, wilful default, or undue in-
fluence and in all other cases in which particulars may be necessary,
particulars (with dates and items, if necessary) shall be stated in
the pleading: Provided that if the particulars are of debt, expenses,
or damages, and exceed 3 folios, the fact must be so stated, with
a reference to full particulars already delivered or to be delivered
with the pleading.

115. A further and better statement of the nature of the claim
or defence, or further and better particulars of any matter stated
in any pleading, notice, or written proceeding requiring particulars,
may in all cases be ordered, on such terms as to costs and otherwise
as may be just.

116.-(1) The party at whose instance any particulars have been
delivered under an order of the Court shall, unless the order other-
wise provides, have the same length of time for pleading after the
delivery of the particulars that lie had at the return of the sum-
mons.
(2) Except as in this section provided, an order for particulars
shall not, unless the order otherwise provides, operate as a stay of
proceedings or give any extension of time.

117. Nothing in this Code shall affect the right of any defendant
to plead not guilty by statute or Ordinance; and every such defence
shall have the same effect as a plea of not guilty by statute has
in England : Provided that if the defendant so pleads, he shall
not plead any other defence to the same cause of action, without
the leave of the Court.

* As amended by No. 86 of 1911.





118. Every allegation of fact in any pleading, not being a petition
or summons, if not denied specifically or by necessary implication,
or stated to be not admitted, in the pleading of the opposite party,
shall be taken io be admitted, except as against an infant, lunatic,
or person of unsound mind not so found by inquisition.

119. Any condition precedent the performance or occurrence of
which is intended to be contested shall be distinctly specified in his
pleading by the plaintiff or defendant, as the case may be ; and,
subject thereto, an averment of the performance or occurrence of
all conditions precedent necessary for the case of the plaintiff or
defendant shall be implied in his pleading.

120. The defendant, or plaintilf, as the case may be, must raise
by his pleading all matters which show the action or counterclairn
not, to be maintainable or that the transaction is either void
or voidable in point of law, and all such grounds of defence or reply,
as the case may be, as if riot raised would be likely to take
the opposite party by surprise or would raise issues of fact not
arising out of the preceding pleadings, as for instance, fraud,
statute of limitations, release, payment, performance, facts showing
illegality either by statute or Ordinance or common law, or the
Statute of Frauds.

121. No pleading, not being a petition or summons, shall, except
by way of amendment, raise any new ground of claim or contain
any allegation of fact inconsistent with the previous pleadings of
the party pleading the same.

122. It shall not be sufficient for a defendant in his statement
of defence to deny generally the grounds alleged by the statement
of claim, or for a plaintiff in his answer to a counterclaim to deny
generally the grounds alleged in the counterclaim, but each party
must deal specifically with each allegation of fact of which he does
not admit the truth, except damages.

123.-(1) The plaintiff by his reply, if any, may join issue upon
the statement of defence, and each party in his pleading, if any,
subsequent to reply may join issue upon the previous pleading.
(2) Such joinder of issue shall operate as a denial of every material
allegation of fact in the pleading upon which issue is joined, but it
may except any facts which the party may be willing to admit, and
shall then operate as a denial of the facts not so admitted.
As amended by No. 36 of 1911.





124. When a party in aDy pleading denies an allegation of fact
in the previous pleading of the opposite party, he must, not do so
evasively, but answer the point of substance. Thus, if it is alleged
that he received a certain sum of money, it shall not be sufficient to
deny that he received that particular amount, but he must deny
that he received that sum or any part thereof, or else set out how
much he received. And if an allegation is made with divers cir-
cumstances, it shall not be sufficient to deny it along with those
circumstances.

125. Where a contract, promise, or agreement is alleged in any
pleading, a bare denial of the same, by the opposite party shall be
construed only as a denial in fact of the express contract, promise,
or agreement alleged, or of the matters of fact from which the
same way be implied by law, and not as a denial of the legality or
sufficiency in law of such contract, promise, or agreement, whether
with reference to the Statute of Frands or otherwise.

126. Where the contents of any document are material, it shall
be sufficient in any pleading, to state the effect thereof as briefly as
possible, without setting out the whole or any part thereof, unless
the precise words of the document or any part, thereof are
material.

127. Where it is material to allege malice, fraudulent intention,
knowledge, or other condition of the mind of any person, it shall
be sufficient to allege the same as a fact without setting out the
circumstances from which the sanie is to be inferred.

128. Where it is material to allege notice to any person of any
fact, matter, or thing, it shall be sufficient to allege such notice as
a fact, unless the form or the precise terms of such notice, or the
circumstances from which such notice is to be inferred, is or are
material.

129.-(1) When any contract or any relation between any persons
is to be implied from a series of letters or conversations or other-
wise from a number of circumstances, it shall be sufficient to allege
such contract or relation as a fact, and to refer generally to such
letters, conversations, or circumstances without setting them out in
detail.





(2) If, in any such case, the person so pleading desires to rely
the alternative upon more contracts or relations than one as to
be implied from such circumstances, he may state the same in the
alternative.

130. Neither party need in any pleading allege any matter of fact
which the law presumes in his favour or as to which the burden of
proof lies upon the other side, unless the same has first been
specifically denied, as, for example, consideration for a bill of ex-
change, where the plaintiff snes only on the bill and not for the
consideration as a substantice ground of claim.

131. No technical objection shall be raised to any pleading on the
ground of any alleged want of form.

132. The Court nray, at any stage of the proceedings, order to he
struck out or amended any matter in any indorsement or pleading
which may be unnecessary or scandalous or which may tend to
prejudice, embarrass, or delay the fair trial of the action; and may
in any such case, if it thinks fit, order the costs of the application
to be paid as between solicitor and client.
[s. 133, rep. No. 36 of 1911.]

134. Every pleading shall be as brief as the nature of the case
will admit, and the Registrar, in taxing the costs of the action, shall
at the instance of any party, or may of his own motion, inquire
into any unnecessary prolixity, and order the costs occasioned by
such prolixity to be, borne by the party chargeable with the same.

Statement of Claim.
135.-(1) After the appearance of the defendant to the action, or
in case of his non-appearance, then by leave of the Court, the
plaintiff may file in the Registry a statement of his claim and of the
relief or remedy required in the action.
(2) At any time after his appearance to the action, the defend-
ant may give notice in writing to the plaintiff or his solicitor requir-
ing him to file his statement of claim; and the plaintiff shall, unless
otherwise ordered by the Court, file his statement of claim within
5 weeks from the time of his receiving such notice.
(3) Where leave to defend is given under section 23 or 24, it shall
not be necessary, to file a further statement of claim, unless other-
wise ordered at the hearing of the summons for judgment.

As amended by No. 36 of 1911.





136. The statement of claim shall specify the name, description,
and place of abode of the plaintiff and of the defendant, so far as
thty can be ascertained, and shall correspond in those particulars
with the writ of summons.

137. The statement of claim may alter, modify, or extend the
plaintiff's claim without any amendment of the indorsement of the
writ of summons.

138.-(1) The statement of claim shall state specifically the relief
which the plaintiff clainis, either simply or in the alternative, and
it shall not be necessary to ask for general or other relief, which
may always be given, as the Court may think just, to the same
extent as if it had been asked for.
(2) The same rule shall apply to any relief claimed by the de-
fendant in his statement of defence and to any counterclaim made
by him.

139.-(1) Where the plaintiff seeks relief in respect of several
distinct claims or calises of complaint founded upon separate and
distinct grounds, they shall be stated, as far as may be, separately
and distinctly.
(92) The same rule shall apply where the defendant relies upon
several distinct grounds of defence, set-off, or counterclaim founded
upon separate and distinct facts.

Service of Statement of Claim.
140. After the filing of the statement, of claim, the plaintiff shall
forthwith cause a copy thereof under the seal of the Court to be
served on the defendant, and such copy shall contain a me-
morandum indorsed thercon requiring the defendant to file a
statement of defence to the statement of claim within 3 weeks from
the day of such service, or, in a case of service out of the jurisdiction,
within such time as the Court may have ordered: Provided that
no such service of the statement of claim shall be required to be
made on any defendant who has failed to enter an appearance and
as against whom the plaintiff has obtained the leave of the Court
to proceed with his action ex parte.

141. Where service of the writ of summons is directed to
be made out of the jurisdiction, the Court may order that the state-
ment of claim, be filed forthwith and that a copy thereof under the
seal of the Court be served on the defendant concurrently with the
writ.





Staying Proceedings for Defect in Statement of Glaim.
142. Where a statement of claim is defective on the face of it by
reason of non-compliance with any provision of this Code, the
Court may, either on the application of the defendant or of its own
motion, make an order to stay proceedings in the action until the
defect is remedied.

Statement of Defence.
143. The defendant shall file in the Registry a statement of
defence to the statement of claim within 3 weeks from the date of
the service thereof, or, in a case of service out of the jurisdiction
within such time as the Court may have ordered.

144.-(1) The defendant may apply to the Court for further time
to file his statement of defence, on a summons stating the further
time required.
(2) The application, unless it is consented to, must be supported
by affidavit, or, if the Court in its discretion perwits, by oral evi-
dence upon oath, showing that there is reasonable ground for the
application and that it is not made for the purpose of delay.

145.-(1) If the defendant neglects to file a statement of defence
within the time or further time allowed, as the case may be, be shall
not be at liberty to file a statement of defence without the leave of
the Court or the consent of the plaintiff.
(2) The Court may grant such leave, on such terms as may seem
just, by order made on the application of the defendant.

146.-(1) The statement of defence must deny all such material
allegations in the statement. of claim as the defendant intends to
deny at the trial.
(2) In an action for a debt or liquidated demand in money com-
prised in section 19, a mere denial of the debt shall be inadmissible.
(3) In an, action upon a bill of exchange, promissory note, or
cheque, a defence in denial must deny some inatter of fact, as, for
example, the drawing, making, indorsing, accepting, or notice of
dishonour of the bill or note.

147. No denial or defence shall be necessary as to damages claim
ed or their amount; but they shall be deemed to be put in issue in
all cases, unless expressly admitted.





148. Where the Court is of opinion that any allegation of fact
denied or not admitted by the statement of defence ought to have
been admitted, the Court may make such order as may be just with
respect to any extra costs occasioned by its having been denied or
not admitted.

149. Where a party pleads the general issue, intending to give the
special matter in evidence by virtue of an Act of Parliament or
Ordinance, he shall insert in the margin of his pleading the words
by statute,' or - by Ordinance,- as the case may be, together
with the year of the reign in which the Act of Parliament on which
lie relies was passed, and also the chapter and section of such Act,
or the year, number, and section of the Ordinance on which he
relies, as the case may be, and shall specify whether such Act or
Ordinance is public or otherwise; otherwise such defence shall be
taken not to have been pleaded by virtue of an Act of Parliament or
Ordinance.

150. No plea or defence shall be pleaded in abatement.

151. After the filing of the statement of defence, the defendant
shall forthwith cause a copy thereof under the seal of the Court to
be served on the plaintiff.

Certain Special Defences.
152. With a defence setting up a tender before action, the sum o
money alleged to have been tendered must be brought into Court.

153. Where an action is brought to recover a debt or damages,
any defendant may, before or at the time of filing, his statement of
defence, or at any later time by leave of the Court, pay into Court
a stini of money by way of satisfaction, which shall be taken to
admit the claim or cause of action in respect of which the payment
is made; or he may, with a defence denying liability (except in an
action or counterclaim for libel or slander), pay money into Court
which shall be subject to the provisions of section 157 : Provided
that, in an action on a bond under the Act 8 & 9 William III,
chapter 11, entitled ' An Act for the better preventing Frivolous
and Vexatious Suits,' payment into Court shall be admissible to
particular breaches only and not to the whole action.

As amended by No. 36 of 1911.
As amended by No. 1 of 1912.





154. Payment into Court shall be signified in the statement of
defence, and the claim or cause of action in satisfaction of which
such payment is made shall be specified therein.

155. If the defendant Pays money into Court before filing his
statement of defence, he shall serve on the plaintiff a notice in
writing specifying both the fact that he has paid in such money and
also the claim or cause of action in respect of which such payment
has been made.

156. In the following cases of payment into Court under this
Chapter, namely,-
(1) when payment into Court is made before the filing of the
statement of defence;
(2) when the liability of the defendant, in respect of the claim or
cause of action in satisfaction of which the payment into Court has
been made, is not denied in the statement of defence; and
(3) when payment into Court is made with a defence setting up
a tender of the sum paid,
the money paid into Court shall be paid out to the plaintiff on his
request, or to his solicitor on the plaintiff's written authority, unless
the Court otherwise orders.

157. When the liability of the defendant, in respect of the claim
or cause of action in satisfaction of which the payment into Court
has been made, is denied in the statement of defence, the following
rules shall apply:-
(1) the plaintiff may accept, in satisfaction of the claim or cause
of action in respect of which the payment into Court has been made,
the sum so paid in, in which case he shall be entitled to have the
money paid out to him as hereinafter provided, notwithstanding the
defendant's denial of liability, whereupon all further proceedings in
respect of such claim or cause of action, except as to costs, shall be
stayed; or the plaintiff may refuse to accept the money in satisfac-
tion, in which case the money shall remain in Court subject to the
provisions hereinafter contained;

(2) if the plaintiff accepts the sum so paid in, lie shall, after ser-
vice on the defendant of a notice in writing accepting the sum paid
in satisfaction of the claim or cause of action in respect of which it
has been paid in, be entitled to have the money paid out to himself
on request, or to his solicitor on the plaintiff's written authority,
unless the Court otherwise orders;





(3) if the plaintiff does not accept in satisfaction of the claim or
cause of action in respect of which the payment into Court has been
made, the sum so paid in, but proceeds with the action in respect
of such claim or cause of action, or any part thereof, the money
shall remain in Court and be subject to the order of the Court, and
shall not be paid out of Court except in pursuance of an order of the
Court ;

(4) if the plaintiff proceeds with the action in respect of such
claim or cause of action, or any part thereof, and recovers less than
the amount paid into Court, the sum paid in shall be applied, so
far as may be necessary, in satisfaction of the plaintiff's claim, and
the balance, if any, shall, under such order, be repaid to the
defendant; and

(5) if the plaintiff proceeds with the action in respect of such
claim or cause of action and the defendant succeeds in respect
thereof, the whole. sum paid in shall, under such order, be repaid to
the defendant.

158. The plaintiff, when payment into Court is niade before the
filing of the statement of defence, inay, within 4 days after the
receipt of notice of such payment, or, when such payment is first
signified in the statement of defence, may within 4 days after service
of the statement of defence, accept in satisfaction of the claim or
cause of action in respect of which such payment has been made the
sum so paid in, in which case he shall give notice to the defendant
accordingly, and shall be at liberty, in case the entire claim or cause
of action is thereby satisfied, to tax his costs after the expiration of
4 days from the service of such notice, unless the Court otherwise
orders, and, in case of non-payment of the costs within 48 hours
after such taxation, to sign judgment for his costs so taxed.

159. Where money is paid into Court in two or more actions
which are consolidated, and the plaintiff proceeds to trial in one,
and falls, the money paid in and the costs in all the actions shall be
dealt with under the provisions of this Chapter relating to payment
into Court and tender in the sanie manner as in the action tried.

160. Where'a cause or matter is tried by the Court with a jury,
no communication to the jury shall be made, until after the verdict
has been given, either of the fact that money has been paid into





Court or of the amount paid in. The jury shall be required to find
the amount of the debt or damages, as the case may be, without
reference to any payment into Court.

161.-(1) A defence of set-off to a claim for money, whether in
debt or in damages, must be accornpamed by a statement of the
particulars of the set-off.

(2) If it is pleaded as a sole delence, it must also, unless it ex-
tends to the whole amount of the plaintiff's claim, be, accompanied
by payment into Court of the amount to which, on the defendant's
showing, the plaintiff is entitled ; and, in default of such payment,
the defendant shall be liable to bear the costs of the action, even if
he succeeds in his delence to the extent of the set-off pleaded.

Counterclaim.
162. Where the defendant raises a defence by way of set-off
which, in the opinion of the Court, is not admissible as set-off, the
Court may, either belore or at the trial, on his application, give him
liberty to withdraw such defence and to make a counterclaim or
bring a cross-action, and may make such order for the trial of the
action and the counterclaim or cross-action, together or otherwise,
and in such manner and on such terms as to costs and other matters,
as may seem just.

161-(1) Where a defendant in his statement of defence raises
any specific defence, and it appears to the Court that, on such de-
fence being established, he may be entitled to relief against the
plaintiff in respect of the subject-matter of the action, the Court
may, on the application of the defendant either before or at the
trial, if under the circumstances of the case it thinks fit, give liberty
to the defendant to file a counterclaim by a cross-statement of claim
in the same action, asking for relief against the plaintiff, either alone
or along with other persons; and may make such order for the con-
duct and trial of the action and the counterclaim, together or other-
wise, and in such manner and on such terms as to costs and other
matters, as may seem just.

(2) The Court may, if in any case it thinks fit, require the plain-
tiff to give security, to the satisfaction of the Court, by deposit or
otherwise, to abide by.dnd perform the decision of the Court on the,
Counterclaim.





164. Any person not originally a party to the action who is served
with a counterclaim must appear thereto as if he had been served
with a writ of summons in an action.

165. Any person named as a party to a counterclaim may file a
statement of defence thereto within the time within which he might
file a statement of defence if It were a statement of claim.

166. When a counterclaim is pleaded, a statement of de-
fence thereto shall be subject to the rules applicable to statements
of defence.

167. If in any case in which the defendant sets up a counterclaim
the action of the plaintiff is stayed, discontinued, or dismissed, the
counterclaim may nevertheless be proceeded with.

Reply and Subsequent Pleadings.
168.-(1) The plaintiff shall file in the Registry his reply, if any,
within 3 weeks from the date of the service of the statement of
defence or of the last of the statements of defence.

(2) No pleading subsequent to reply shall be pleaded without the
leave of the Court, and then only on such terms as the Court may
think fit.

Default of Pleading.
169.-(1) If the plaintiff does not file a reply, or any party does
not file any subsequent pleading, within the tune allowed for that
purpose, the pleadings shall be deemed to be closed at the expiration
of that period, and all the material statements of fact in the plead-
ing last filed shall be deemed to have been denied and put in issue.
(2) In any case in which issues arise in an action other than be-
tween plaintiff and defendant, if any party to any such issue makes
default in filing any pleading, the opposite party may apply to the
Court for such judgment, if any, as upon the pleadings he may
appear to be entitled to; and the Court may order judgment to be
entered accordingly, or may make such other order as may be
necessary to do complete justice between the parties.

Matters arising pending the Action.
170.-(1) Any ground of defence which has arisen after action
brought, but before the defendant has filed his statement of





defence, and before the time limited for his doing so hm expired,
may be raised by the defendant in his statement of defence, either
alone or together with any other ground of defence.

(2) If, after a statement of defence has been filed, any ground of
defence arises to any set-off alleged therein by the defendant, it
may be raised by the plaintiff in his reply, if any, either alone or
together with any other ground of reply..

171. Where any ground of defence arises after the defendant has
filed his statement of defence, or after the time limited for his doing
so has expired, the defendant may, and where any ground of delene
to any set-off or counterclaim arises after reply, if any, or after the
time limited for filing a reply, if any, has expired, the plaintiff may
within 8 days after such ground of defence has arisen, or at may
subsequent time by leave of the Court, file a further statement of
defence or further reply, as the case may be, setting forth the same.

172. Where the defendant, in his statement of defence or in a
further statement of defence as in the last section mentioned,
alleges any ground of defence which has arisen after the commence-
ment of the action, the plaintiff may file a confession of such
defence, and may thereupon sign judgment for his costs up to the
time of the pleading of such defence, unless the Court, either before
or after the filing of such confession, otherwise orders.

Proceedings in lieu of Demurrer.

173. No demurrer shall be allowed in any action or other proceed-
ing.

174. Any party shall be entitled to raise by his pleading
any point of law, and any point so raised shall be disposed of by the
Court at or after the trial, provided that, by consent of the parties
or by order of the Court on the application of any party, the same
may be set down for hearing and disposed of at any time before the
trial.

175. If, in the opinion of the Court, the decision of such point
of law substantially disposes of the whole action or of any distinct
cause of action, ground of defence, set-off, counterclaim, or reply
therein, the Court may thereupon dismiss the action or make such
other order therein as may be just.

* As amended by No. 50 of 1911.





176. The Court may order any pleading to be struck out, on the
ground that it discloses no reasonable cause of action or defence,
and in any such case, or in case of the action or defence
bel-ig shown by the pleadings to be frivolous or vexations, the
Court may order the action to be stayed or dismissed, or judgment
to be entered accordingly, as may be just.

177. No action or other proceeding shall be open to objection on
the around that a merely declaratory judgment or order is sought
thereby; and the Court may make binding delarations of right
whether any consequential relief is or could be claimed or not.

CHAPTER V.
AMEND-MENT.
178. The Court may, at any stage of the proceedings, allow either
party to alter or amend firs indorsement or pleading or particulars,
in such mariner and on such terms as may be just, and all such
amendments shall be made as rnay be necessary for the purpose of
determining the real questions in controversy between-the parties.

179. Application for leave to arriend may be made by either party
to the Court, arid such amendment rnay be allowed on such terms
as to costs or otherwise as may be just.

180. The statement of claim may be amended at any time before
the statement of defence has been filed, by leave of the Court
obtained ex parte.

181. Where the plaintiff considers the contents of the statement
of def&nce to be such as to render an amendment of the statement
of claim necessary or desirable, he may obtain ex parte air order to
amend the statement of claim, on satisfying the Court that the
amendment is not intended for the purpose of delay or vexation, but
is considered to be materiai for the plaintiff's case.

182. If a party who has obtained an order for leave to amend does
not amend accordingly within the time limited for that purpose by
the order, or, if no time is thereby limited, their within 14 days
from the date of the order, such order to amend shall, on the expira-
tion of such limited time as aforesald or of such 14 days, as the case
may be, become ipso facto void, unless the time is extende by the
Court.





183. Whenever any indorsement, pleading, or particulars is or are
amended, the same when amended shall be marked with the date of
the order, if any, under which the same is or are so amended, and
of the day on which such amendment is made, in manner following,
viz:- Amended the day of
to order of dated the day of

pursuant
19 .''

184. Whenever any indorsement, pleading, or particulars is or are
amended, such arnended document shall be filed within the time
allowed for amending the same, and a copy thereof under the seal
of the Court shall forthwith be served on the opposite party.

185. Any clerical mistake in -any judgment or order, or any error
arising therein form any accidental slip or omission, may at any
time be corrected by the Court, on motion or summons, without an
appeal.

186. The Court inay at any titne, and on such terms as to costs or
otherwise as the Court may think just, amend any defect or error in
any proceedinIgs, and all necessary amendments shall be made for
the purpose 'of determining the real question or issue raised by or
depending on the proceedings.

CHAPTER VI,
DISCOVERY, INSPECTIOX, A-ND ADMISSIONS.
Discovery.
187. In any cause or inatter the plaintiff or defendant may, by
leave of the Court, deliver interrogatories in writing for the exanil-
nation of the opposite parties or any one or isiore of such parties,
and such interrogatories when delivered shall have a note at the foot
thereof, stating which of such interrogatories each of such persons
is required to answer: Provided that no party shall deliver more
than one set of interrogatories to the same party without an order
for that purpose : Provided, also, that interrogatories which do not
relate to any matters in question in the cause or matter shall be
deemed irrelevant, notwithstanding that they might be admissible
on the oral cross-examination of a witness.

188.-(1) On an application for leave to deliver ifiterrogatories,
the particurar interrogatories proposed to be delivered shall be sub-
mitted to the Court.





(2) In deciding upon such application, the Court shall take into
account any offer which may be made by the party sought to be
interrogated to deliver particulars, or to make admissions, or to
produce documents relating to the matters in question or any of
them, and leave shall be given as to such only of the interrogatories
submitted as the Court may consider necessary either for disposing
fairly of the cause or matter or for saving costs.

189. In adjusting the costs of the cause or matter, inquiry shall,
at the instance of any party, be made into the propriety of exhibiting
stich interrogatories, and if it is the opinion of the taxing officer or
of the Court, either with or without an application for inquiry, that
such interrogatories have been exhibited unreasonably, vexatiously,
or at improper length, the costs occasioned by the said interroga-
tories and the answers tbereto shall be paid In any event by the
party in fault.

190. If any party to a cause or matter is a body corporate or a
joint stock company, whether incorporated or not, or any other body
of persons empowered by law to sue or be sued, whether in its own
name or in the name of any officer or other person, any opposite
party may apply to the Court for an order allowing him to deliver
interrogatories to any member or officer of such corporation, com-
pany, or body, and an order may be made accordingly.

191.-(1) Any interrogatories may be set aside on the ground that
they have been exhibited unreasonably or vexatiously, or struck out
on the ground that they are prolix, oppressive, unnecessary, or
scandalous.

(2) Any application for this purpose may be made within 7 days
after service of the interrogatories.

192. Interrogatories shall be answered by affidavit to be filed
within 10 days or within such other time as the Court may allow.

193. Any objection to answering any one or more of several
interrogatories on the ground that it or they is or are scandalous or
irrelevant or not bond fide for the purpose of the cause or matter,
or that the matters inquired into are not sufficiently material at that
stage, or on any other ground, may be taken in the affidavit
in answer.





194. No exception shall be taken to any affidavit in answer to
interrogatories, but the sufficiency or otherwise of any such afidavit
objected to as insufficient shall be determined by the Court on
summons.

195. If any person interrogated omits to answer or answers in-
sufficiently, the party interrogating may apply to the Court for an
order requiring him to answer or to answer further, as the casd may
be, and an order may be made requiring him to answer or answer
further, either by affidavit or by vica voce examination, as the Court
may direct.

196.-(1) Any party may, without filing any affidavit, apply to
the Court for an order directing any other party to any cause or
matter to inake discovery upon oath of the docunierits which are or
have been in his possession or power, relating to any matter in
question therein,

(2) On the hearing of such application, the Court may either
refuse or adjourn the same, if satisfied that sLich discovery is not
necessary or not necessary at that stage of the cause or matter, or
make such order, either- generally or limited to certain classes of
documents, as may, in itsdiscretion, be thought fit : Provided that
discovery shall not be ordered when and so far as the Court is of
.opinion that it is not necessary either for disposing fairly of the
cause or matter or for saying costs.

(3) The affidavit to be made by the party against whom such
order has been made shall specify which, if any, of the documents
therein mentioned he objects to produce. and on what grounds.

197.-(1.) The Court may, on the application of any party to a
cause or matter, at any time, and whether an affidavit of documents
has or has not already been ordered or made, make an order requir-
ing any other party to state by affidavit whether any one or more
specific documents, to be specified in the application, is or are or
has or have at any time been in his possession or power; and, if
not then in his possession, when he parted with the same and what
has become thereof.

(2) Such application shall be made on an affidavit. stating that, in
the belief of the deponent, the party against whom the application is
made has, or has at come time had, in his possession or power the





document or documents specified in the application, and that it or
they relates or relate to the mattersin question in the cause or
matter or to some of them.


198. It shall be lawful for the Court, at any time during the
pendency of any cause or matter, to order the production by any
party thereto, upon oath, of such of the documents in his possession
or power, relating to any matter in question in such cause or matter,
as the Court may think right; and the Court may deal with such
documents, when produced, in such manner as may appear just.

Inspection.
199.-M Every party to a cause or matter shall be entitled, at
any time, by notice in writing, to give notice to any other party, in
whose pleadings, particulars, or affidavits relerence is made to any
document, to produce such document for the inspection of the party
giving such notice or of his solicitor, and to permit him or his solici-
tor to take copies thereof.

(2) Any party who does not comply with such notice shall not
afterwards be at liberty to put any such document 1P evidence on
his behalf in such cause or matter, unless he satisfies the Court that
such document relates only to his own title, he being a, defendant
in the cause or matter, or that he had some other cause or e
which the Court may deem sufficient for not complying with such
notice; in which case the Court may allow the same to be put in
evidence, on such terms as to costs and otherwis as the Court may
think fit.

200. The party to whom such notice is given shall, within 2 days
from the receipt of such notice, if all the documents therein referred
to have been set forth by him in an affidavit for the discovery of
docutnents, or, if any of the documents referred to in such notice
have not been set lorth by him in any such affidavit, then within 4
days from the receipt of such notice, deliver to the party giving the
same a notice stating a time, within 3 days from the delivery thereof,
at which the documents, or such of them as he does not object to
produce, may be inspected at the office of his solicitor, or, in the
case of bankers' books, or other books of account, or books in con-
stant use for the purposes of any trade or business, at their usual
place of custody, and stating which, if any, of the documents lie
objects to produce and on what grounds.





201.-(1) If the party served with notice under the hist section
Omits to give such notice of a time for inspection, or objects to give
inspection, or offers inspection elsewhere than at the office of his
solicitor, the Court may, on the application of the party desiring it,
make an order for inspection in such place and in such manner as
it may think fit : Provided that the order shall not be inade when
and so far as the Court is of opinion that it is not necessary either
for disposing fairly of the cause or rnatter or for saving coAs.

(2) Any application to inspect docunients, except such as are
referred to in the pleadings, particulars, or affidavit of the party
against whom the application is made or disclosed in his affidavit
of documents, shall be founded on an affidavit showing of what
documents inspection is sought, that the party applying is entitled
to inspect them, and that they are in the possession or power of the
other party. The Court shall not make such order for inspection of
such documents when and so far as the Court is of opinion that it
is not necessary either for disposing fairly of the eause or matter
or for saving costs.

202. Where inspection of any business bool is applied for, the
Court may, if it thinks fit, instead of orering- Mspection of the
original book, order a copy of any entries therein to be itirnished
and verified by the affidavit of some person who has---ainined the
copy with the original entries, and such affidavit sha-. state whe-
ther or not there are in the original book any and what erasures,
interlineations, or alterations: Provided that, notwithstanding that
such copy has been supplied, the Court may order inspection of
the book from which the copy was made.

203. Where, on an application for an order for inspection pri-
villege is claimed for any document, it shall be lawful for the Court
to Inspect the document for the purpose of deciding as to the-
validity of the claim of privilege.

Discovery and Inspection.
204. If the party from whom discovery of any kind or inspection
is souclit objects to the same or any part therof, the Court may, if
satisfied that the right to the discovery or inspection sought depends
on the deterrpination of any issue or question in dispute in
the cause, or matter, or that for any other reason it is desirable that

As amended by No. 50 of 1911,

1





any issue or question in dispute in the cause or matter should be
determined before deciding on the right to the discovery or
inspection, order that such issue or question be determined first,
and reserve the question as to the discovery or inspdctlon.

205.-(1) If any party falls to comply with any order to answer
interogatories or for discovery or inspection of documents, he shall
be liable to attachment.

(2) He shall also, if a plaintiff, be liable to have his action dis-
missed for want of prosecution, and, if a defendant, to have his
statement of defence, if any, struck out, and to be placed in the
sanie position as if he had not defended, he party inter-
rogating or applying may apply to the Court for an order to that
effect, and an order may be made accordingly.

206.-(1) Service of an order for interrogatories or discovery or
inspection made against any party on his solicitor shall be suffi-
cient service to found an application for an attachment for
disobedience to the order; but the party against whom the applica-
tion for an attachment is made may show in answer to the applica-
tion that he has had no notice or knowledge of the order.

(2) A solicitor, on whom an order against any, party for inter-
rogatories or discovery or inspection is served under this section,
who neglects without reasonable excuse to give notice thereof to his
client shall be liable to attachment.

207. Any party may, at the trial of a cause, matter, or issue, use
in evidence any one or more of the answers or any part of
an answer of the opposite party to interrogatories, without putting
in the others or the whole of such answer : Provided that in such
case the Judge may look at the whole of the answers, and if he is
of opinion that any others of them are so connected with those
put in that the last-mentioned answer ought not to be used without
them, he may direct them to be put in.

208. In any action against or by a bailiff in respect of any matter
connected with the execution of his office, the Court may, on the
application of either party, order that the affidavit to be made in
answer either to interrogatories or to an order for discovery shall
be made by the officer actually concerned.





209. The preceding provisions of this Chapter shall apply to
infant plaintiffs and defendants and to their next friends and
guardians ad llitem.

A dmissions, etc.

210. Any party n-lay give notice, by his pleading or otherwise in
writing, that he admits the truth of the whole or any part of the
case of any other party.

211.-(1) Any party may call upon any other pariv to admit any
document, savinlo, all lust exceptions; and use of refusal or
neglect to admit, after such notice, the costs of proving such docu-
nient shall be paid by the party so refusing or neglecting, whatever
the result of the cause or matter mav be, unles at the trial
or hearing the Court certifies that the refusalor neglect to admit
was reasonable, or unless the Court at any tme, offierwisc orders
or directs.

(2) No costs of proving any document sliall be allowed miless
such notice is given, except where theomission to give the notice
is, in the opinion of the taxing officer, a saving of expense.

212. Any party may, by notice in writing, at any time not later
than 7 days before the day on whicha cause, matter, or issue is to
be tried or heard, call on any other party to adnilt, for the pur-
poses of the cause, niatter, or issue only, any specific fact or facts
mentioned in such notice ; and in case of refusal or neglect to admit
the same within 4 days after service of such notice, or within such
further time as niav be allowed by the Court, the costs of proving
such fact or I'acts shall be paid. by the party so refusing or neglect-
ing, whatever the result of the cause, matter, or issue may be,
unless at the trial or bearing the Court certifies that the refusa' or
neglect to admit was reasonable, or unless the Court at any time
otherwise orders or directs: Provided that any admission made in
pursuance of such notice is.to be,deemed to be made only for the
purposes of the particular cause, matter, or issue, and not as an
admission to be used against the party on any other occasion or
in favour of any person other than the party giving the no-
tice: Provided, also, that the Court may at any time allow any
.party to amend or withdraw any admission so made, on such terms
as may just.






213. An affidavit of the solicitor or his clerk of the due signature
of any admission made in pursuance of any notice to admit docu-
ments or facts shall be sufficient evidence of such admission,
if evidence thereof is required.

214. Any party may, at any stage of a cause or matter, where
admissions of fact, have been made, either on the pleadings or other-
wise, apply to the Court for such judgment ir order as upon
such admissions he inay be entitled to, without waitin for
the determination of any other question between the parties; and
the Court may, on such application, give such-judgment or make
such order as the Court may think just.

215. An affidavitc he solicitor or his clerk of the service of any
nofice to produce or admit and of the tinle when it was served, with
a copy of the notice to produce, shall in all cases be sufficient
evidence of the service of the notice and of the time when it was
served.

216. If a notice to produce or admit comprises documents which
are not necessary, the costs occasioned thereby shall be borne by
the party giving such notice.

CHAPTER VII.
ISSUES, INQUIRIES, AND ACCOUNTS.
Issues.
217. Where in any cause or matter it appears to the Court that
the issues of fact in dispute are not sufficiently defined, the parties
may be directed to prepare issues, and such issues shall, if the
parties difEer, be settled by the Court.

218. It shall be in the discretion of the Court to direct which
issues shall be first disposed of.

219. At any time before the decision of the cause or matter, the
Court may either amend the issues or frame additional issues, on
such terms as it may think fit.

Direction for Inquiries or Accounts..
220. The Court may, at any stage of a cause or matter, direct
any necessary inquiries or accounts to be made or taken, notwith-





standing that it may appear that there is some special or further
relief sought or some special issue to be tried, as to which it may be
proper that the cause or matter should proceed in the usual manner.

221. The Court may, either by the judgment or order directing
an account to be taken or by any subsequent order, give special
directions with reogard to the mode in which the account is to be
taken or vouched, and in particular may direct that, in taking the
account, the books of account in which the accounts in question
have been kept shall be taken as prima facie evidence of the truth
of the matters therein contained, with liberty to the parties in-
terested to take such objections thereto as they may be advised.

221-(1) Where any accont is directed to be taken, the
accounting party, unless the Court otherwise directs, shall make
out his account and verify the same by affidavit.
(2) The items on each side of the account shall be nunibeed
consecutively, and the account shall be referred to by the affidavit
as an exhibit and be left in the Judge's Chanibers or with the
Registrar or any referee, as the case may be.


223. Upon the taking of any account, the Court may direct that
the vouchers shall be produced at the office of the solicitor of the
accounting party or at any other convenient place, and that only
such items as shall be contested or surcharged shall be brought
before the Judge in Chambers or the Registrar or referee, as the
case may be.

224. Any party seeking to charge any accounting party beyond
what lie has by his account admitted to have received shall give
notice thereof to the accounting party, stating, so far as he is able,
the artiount sought to be charged and the particulars thereof in a
short and succinct manner.

225. Every judgment or order for a general account of the
personal e state of a testator or intestate shall contain a direction for
an inquiry what parts, if any, of such personal estate are outstanding
or undisposed of, unless the Court otherwise directs.

226. Where by any judgment or order, whether made in Court or
in Chambers, any accounts are directed to be taken or inquiries to
be made, each silch direction shall be numbered so that, as far as
may be, each distinct account and inquiry may be designated by a
number,
.




227.In taking any account directed by any judgment or order, all
just allowances shall be made without any direction for that pur-
pose.

228.-(1) If it appears to the Court, on the representation of-the
Registrar or otherwise, that there is any undue delay in the pro-
secution of any accounts or inquiries or in any other proceedings
under any judgment or order, the Court may' require the, party
having the conduct of the proceedings, or any other party, to
explain the delay, and may thereupon make such order with regard
to expediting the proceedings, or the conduct. thereof, or the stay
thereof, and as to the costs of the proceedings, as the cirumstances
of the case may require.

(2) For the purposes aforesaid, any party or the Registrar may be
directed to summon the persons whose attendance is required, and
to conduct any proceedinus, and to cairry out any directions which
may be given; and any costs of the Registrar shall be paid by such
Parties or out of such funds as the Court may direct.

CHAPTER VIII.
SPECIAL CASE.
229.-(1) The parties to any cause or matter may concur in
stating any question of law arising therein in the form of a special
case for the opinion of the Court.

(2) The case shall be divided into paragraphs numbered consecu-
tively, and shall state concisely such facts and documents as may
be necessary to enable the Court to decide the question, aised
thereby.

(3) On the argument of the case, the Court and the parties shall
be at liberty to refer to the whole contents of such documents, and
the Court shall be at liberty to draw from the facts and documents
stated in the case any inference, whether of fact or of law, which
might have been drawn therefroin if proved at a trial or hearing


230. If it appears to the Court that there is in any cause or matter
a question of law, which it would be convenient to have decided
before any evidence is given or any question or issue of fact is tried,
or before any reference is' made to an arbitrator or otherwise, the
Court may in make an order accordingly, and may direct such question
of law to be raised for the opinion of the Court, either by special





case or in such other manner as the Court may deem expedient,
aind all such further proceedings as the decision of such question of
law may render unnecessary may thereupon be stayed:

231. Every special case shall be prepared by the plaintiff and
signed by, the several parties or their counsel or solicitors, and shall
Uel filed -in the Registry by the plaintiff.

232.-(1) special case ill any cause or matter to which a
married womari ~(not belfig'a party thereto in respect & her separate
property or oil any separate right of action by or against her), infant,
or persoly ol unsound mind, not so found by inquisition, is a party
shall 'be set down for argument without the leave of the Court.

(2) The application for such leave must be supported by sufficient
evidence that the statements contained in such special case, so far
as the same affect the interest of such married woman, Infant or
person of unsound mind, are true.

233. Either party may enter a special case for argument by
delivering to.the Registrar a memorandum of entry, but subject to
the provisions of the last section.

234.-(1) The parties to a special case may, if they think fit,
enter into an agreement in writing(which shall not be subject to
any stamp duty) that, on the judgment of the Court being given in
the affirmative or negative of the questions of law raised by the
special case,-
(a) a sum of money, fixed by the parties of to be ascertained by
the Court or in such manner as the Court may direct, shall be paid
by one of the parties to the other of them ; or
(b) some property, movable or lmmovable, specified in the agree-
ment, shall be delivered by one of the parties to the other of them;
or
(c) one or more of:the parties shall do or perform, or shall refrain
from doing or performing, some particular act specifiedIn the agree-
ment,
either~ with or without costs of the cause or matter or with the costs
left to the discretion of the Court.

(2)where the agreement, is for the delivery of: some property,
mdvablo or immovable, or for the doling or performing or the re-
As amended by No.. 50 of 19111.





fraining from doing or performing some particular act, the estimaled
value of the property to be delivered, or to which the act specified
has reference, shall be stated in the agreement.

235. Upon the decision of the Court on such questions the judg-
ment of the Court may be entered accordingly, with or without
costs, as the case may be, and execution may issue upon such judg-
ment forthwith, unless otherwise agreed or unless stayed on appeal.

236.-(1) It shall be lawful for persons interested or claiming to
be interested in any question cognizable in the Court as to the con-
struction of any Act of Parliament, Ordinance, will, deed, or other
instrument in writing, or anything therein contained, or as to the
title or evidence of title to any fflovable or immovable property con-
tracted to be sold or otherwise dealt with, or as to the parties to or
the form of any deed or instrument for carrying any such contract
into effect, or as to any other matter falling within the equitable
jurisdiction of the Court or made subject to the jurisdiction or
authority of the Court by any enactment not being an Ordinance
relating to bankruptcy, and including among such persons all
lunatics, married women, and infants, to concur in stating such
question in the form of a special case for the opinion of the Court,
and it shall also be lawful for all trustees, executors, and adminis-
trators to concur in such case.

(2) It shall be law ful for the Court, on the hearing of any such
special case, to determine the questions raised therein or any of
them, and by a judgment to declare its opinion thereon and, so far
as the case admits of the same, upon the right involved therein,
without proceeding to administer any relief consequent upon such
declaration.

(3) Every such declaration of the Court contained in any such
judgment shall have the same force and effect as such declaratibn
would have had, and shall be binding to the same extent as such
declaration would have been, if contained in a judgment given in
an action between the. same parties : Provided that if, on the hear-
ing of any such special case, the Court is of opinion that the ques-
tions raised thereby or any of them cannot properly be decided upon
such case, the Court may refuse to decide the same.
(4) Every trustee, executor, administrator, or other person
making any payment or doing any act in conformity with the
* As amended by No, 2 of 11J12.





declaration contained in any judgment given upon any such special
case shall in all respects be as fully and effectually protected and
indemnified by such declaration as if such payment had been made
or act done under or in pursuance of the express order of the Court
made in an action between the same parties, save only as to any
rights or claims of any person in respect of matters not determined
by such declaration.

237. This Chapter shall apply to every SPCCIal case stated in a
cause or matter, or in aiiv proceeding incidental thereto, whether
under this Code or otherwise.

CHAPTER IX.

ISSUES OF FACT WITHOUT PLEADINGS.
238.-(1) When the parties to any cause or matter are agreed as
to the questions of fact to be decided betWeen them, they may, after
writ issued and before judgment, by consent and order of the Court,
proceed to the trial of any such questions of fact without formal
pleadings.
(2) Such questions may be stated for trial in an issue, and such
issue may be entered for trial and tried in the same manner as any
issue joined in an ordinary action, and the proceedings shall be
under the control and jurisdiction of the Court in the same way as
the proceedings in an action.

239.-(1) In any such case the parties may, if they think fit,
enter intp an agreement in writincy (Which shall not be sub'eet to
any stamp duty) that, on the judgment of the Court being given
in the affirmative or negative of the questions of fact stated in the
issue,-
(a) a sum of money, fixed by the parties or to be ascertained by
the Court or in such manner as the Court may direct, shall be paid
by one of the parties to the other of them; or
(b) some property, movable or immovable, specified in the agree-
ment, shall be delivered by one of the parties to the other of them;
or
(c) one or more of the parties shall do or perform, or shall refrain
from doing or performing, some particular act specified in the agree.
ment,
either with or without costs of the cause or matter or with the cosf s
left to the discretion of the Court.





(2)Where the agreement is for the delivery of some property,
movable or inimovable, or for the doing or performing onthe re-
fraining from doing or performing sorne particular act, the estimated
value of the property to be delivered, or to which the act specified
has reference, shall be stated in the agreement.

240. Upon the finding of the Court on such questions the
judgment of the Court may be entered accordingly, with or without
costs, as the case may be, and execution inay issue upon such judg-
ment forthwith, unless otherwise agreed, or unless the Court other-
wise orders for the purpose of givirics either party an opportunity for
moving to set aside the finding or for a new trial.

241. The proceedings upon any such issue may be recorded at the
instance of either party, and the Judgment, whether actually record-
ed or not, shall have the same effect as any other judgement in a
contested action.

CRAPTER X.
INERLOCUTORY PROCEEDINGS
Interlocutory A pplication.
242.-(1) Interlocutory applications may be made at any stage of
an action or other procceeding.

(2) They shall be made either by motion in Court or by summons
in Chambers, and shall be entitled in the action or other proceeding


(3) Subject to the provisions of this Code and to any general rules
or orders of the Court, the Court shall in each case decide- whether
the application is a proper one to be made by motion in Court or
by summons in Chambers, and may, at or before the heaxing---if
thinks fit, remove the sawte into Court or into Chambers, as the case
,may be.

(4) In every motion or summons the enactment and its particular
provisions, if any under which it is brought shall be stated in the
margin.

Motion.
243. Any party to an action or other proceeding who desires to
move the Court for an order shall file in the Registry a written
motion-papper distinctly stating the terms of the order asked for.

As amended by No. 2 of 1912.





244. The motion may in its terms ask for an order directing more
than one thing to be done, and may also be in an alternative form,
asking that one or another order be made, so only that the whole
order asked for be therein substantially expressed.

245. If the motion-paper contains any matter by way of argu-
ment or other matter except the proper particulars of the motion
itself, the Court may direct the motion-paper to be amended, and
make no order thereon until it is amended accordingly by the
striking out of such argument or other matter.

246.-(1)There shall be filed with the motion paper, or as soon
thereafter as possible, all affidavits on which the party moving
intends to rely.

(2) No other evidence shall be used in support of the motion
except by leave of the Court.

247. The party filing the motion-paper inav move the Court, in
a case of urgency, at any tline while the Court, is sitting and not
engagedir hearing any other matter.

248. Subject to any special provisions regulating any particular

case, every motion shall be made ex parte in the first instance,
unless the Court gives leave to give a notice of motion for a certain
day.

249.-(1) On a motion ex parte the party moving shall apply
either for an immediate absolute order of the Court in the terms
of the motion-paper on his own- showing and evidence, or for an
order to the opposite party to appear on a certain day and show
cause why an order should not be made in the terms of the motion-
paper.

(2) Any party moving the Court ex parte may support his motion
by argument addressed to the Court on the facts put in evidence
by the affidavits filed in support of the motion; and no party to
the action or proceeding, although present in Court, other than the
party moving, shall, except by leave of the Court, be entitled to be
then heard.

256. On a motion coming on for hearing,-the Court may allow
the motion-paper to be amended and additional evidence to be pro-
duced by affidavit, or may direct the motion to stand over.





251. If at the hearing it appears to ihe Court, on the evidence
adduced in support of the motion, or on any add' ional evidence
which the Court may allow to be adduced in support thereof, that
the party moving is entitled to an order, absolute or to show cause,
different from the order asked for, and the party moving is willing
to take such different order, the Court. may make an order accord-
ingly.


252. Where an order is made on a inotion ex parte., any party

affected by it may, within 10 days after service of it or with' such
forthor time as the Court may allow, apply to the Court by motion
to vary or discharge it ; and the Court, on notice to the party who
has obtained the order, inay either refuse to vary or discharge it
or vary or discharge it with or without imposing terms as to costs,
or security, or other things as may seem just.

253. The provisions of the next five sections shall apply, with
the necessary modifications, in every case where notice of motion
has been served on a, party.

Order to show Cause.

254. An order to show cause shall specify a day when cause is to
be shown, to be called the return-day of the order, which shall or-
dinarily be not less than 4 days after service of the order.

255. A person served with an order to show cause may, before
the return-day, file affidavits contradicting the evidence used in
obtaiitin,o-, the order, or setting forth other facts on which he relies
to induce the Court to discharge the order.

256. On the return-day, if theperson served with the order d, ,
not appear, and the Court is not satisfied that the service of the
order on all proper parties has been duly effected, the Court may
enlarge the time and direct further service, or make such other
order as may seem just.

257. If the person served with the order appears, or the Court
is satisfied that service of the order on all proper parties has been
duly effected, the Court may proceed with the hearing of the
motion.

As amended 6y No. 50 of 1911.





258. On the hearing, the Court may either discharge the order,
or make it absolute, or perinit further affidavits to be filed in sup-
port of or against it, and may modify the terms of the order so as
to meet the merits of the case.

Summons.
259.-(1) Any party to an action or other proceeding who
desires to ask the Court in Chambers for an order shall file in the
Registry a copy of the summons which it is desired should be issued
for that purpose.
(2) Such copy shall be signed by the party or by or in the name
of his solicitor.

260. The Registrar may thereupon issue a summons, setting forth
the nature of the application and ordering the person to whom it
iis directed to appear at the time and place directed by the Regis-
trar and specified in the summons.

261. On the return-day of the summons, if the person to whom
the suninions is directed appears, or, in his abseuce, on proof of
service of the summons on the person to whom it is directed, the
Court may, on the application of the person obtaining the sum-
nions, consider and deal with the application in a summary way,
and make such order as may be just.

Evidence in Interlocutory Proceedings.
262. The evidence at the hearing of any interlocutory or other
application in a cause or matter shall generally be by affidavit.

263. The Court may, on the application of any party, order the
attendance before it for cross-examination of any person making an
affidavit.

264.-(1) The Court may, if it thinks it expedient, summon any
person to attend to produce any document before it or to be
examined viv4 voce by or before it, in like manrier as at the trial of
an action.
(2) Such notice as the Court in each case may think reasonable
shall be given to the person summoned and to such persons (being
parties to the cause or matter or otherwise interested) as the Court
* As aniended by No. 50 of 1911.





may consider entitled to inspect the document to be produced, or to
examine the person summoned, or to be present at his examination,
as the case may be.

(3) The evidence of a witness on any such examination, or on
any cross-examination under the last section, shall be taken in like
manner, as nearly as may be, as at the trial of an action.

Interlocutory Order.
265. When by any contract a prinid, faclic case of liability is
established, and there is alleged as matter of defence a right
to be relieved wholly or partially from such liability, the Court may
make an order for the preservation or interim custody of the
subject-matter of the litigation, or may order that the amount in
dispute be brought into Court or otherwise secured.

. 266. It shall be lawful for the Court, on tke application of any
party to a. cause or matter, to make any order for the sale, by any
person named in such order and in such manner and on such terms
as the Court may think desirable, of any goods, wares, or
merchandise which may be of a perishable nature or likely to be
injured by keeping, or which for any other just and sufficient
reason it may be desirable to have sold at once.

267. It shall be lawful for the Court, on the application of any
party to a cause or matter and on such tern-is as may be just, lo
make any order for the detention, preservation, or inspection of
any property or thing, being the subject of such cause or matter
or as to which any, question may arise therein, and for all or any
of the purposes aforesaid to authorise any person to enter upon or
into any land or building in the possession of any party to such
cause or matter, and for all or any of the purposes afort
to authorise any samples to be taken, or any observation to
be made or experiment to be tried, which may be necessary
or expedient for the purpose of obtaining full information orevi-
dence.

268. It shall be lawful for any Judge by whom any cause or mat-
ter may be Aried or heard with or without a jury, or before whom
any, cause or matter may be brought by way of appeal, to inspect
any property or thing concerning which any question may arise
therein.





269. The provisions of section 267 shall apply to inspection by a
jury, and in such case the Court may make all such orders upon the
Registrar or other person as may be necessary to procure the attend-
ance of a special or common jury at such time and place and
in such manner as it may think fit.

270.-(1) An application for an order under section 11 of
the Law Amendment Ordinance, 1901, or under section 266 or
section 267 of this Code, may be made to the Court by any party.
If the application 1~ by the plaintiff for an order under the
said section 11 it may be made either ex parte or with notice, and
if for an order under the said sections, it may be made after notice
to the defendant at any time after the issue of the writ of summons,
and if it is by any other party, then on notice to the plaintiff and
at any time after appearance,by the party making the application.
(2) An application for an order under section 265 may be made
by the plaintiff at any time after his right thereto appears from the
pleadings, or, if there are no pleadings, is made fo appear by
affidavit or otherwise, to the satisfaction of the Court.

271. Where an action is brought to recover, or a defendant seeks
by way of counterclaim to recover, specific property other than
immovable property, and the party from whom such recovery is
sought does not dispute the title of the party seeking to recover the
same, but claims to retain the property by virtue of a lien or other-
wise as security for any sum of money, the Court may, at any time
after such last-mentioned claim appears from the pleadings, or
if there are no pleadings, by affidavit, or otherwise, to the
satisfaction of the Court, order that the party claiming to recover
the property be at liberty to pay into Court, to abide the event of
the action, the amount of money in respect of which the lien or
security is claimed, and such further sum, if any, for interest and
costs as the Court may direct, and that, on such'payment into Court
being made, the property claimed be given up to the party
claiming it.
[s. 272, Tep. No. 43 of 1912 Supp. Siched.]

273. Where, in an action 'for the administration of the estate of
a deceased person or the execution of the trusts of a written instru-
ment, a sale is ordered of any property vested in any executor,

* As antended by No. 4.3 of 1912 Supp. Sched.





administrator, or trustee, the conduct of such sale shall be given to
such executor, administrator, or trustee, unless the Court otherwise
directs.

274. Every order, when drawn up, shall be dated the day of the
week, month, and year on which it was made, unless the Court
otherwise directs, and shall take effect accordingly.

Stay of Proceedings.
275. -No notice of motion or summons shall operate as a stay of
proceedings, except by direction or order of the Court, and in such
case it shall so operate from the tinie of the service thereof on the
opposite party.

Disinissal of Action for Want of Prosecution.
276.-(1) If the plaintiff,-
(a) being bound to file a stateinen of claim, does not file and
serve the same within the time allowed for that purpose; or
(b) does not obtain an order for settin- down the cause for trial
within one month from the time at which lie might first apDly for
such an order,
the detendant may apply by summons for an order to dismiss the
action
(2) On such application, the Court may, if it thinks fit, make an
order dismissing the action, or may inake such other order and on
such terms as to the Court may seem just.

CHAPM1 Xl.
PRELIMIN'ARIES OF TRIAL.
Setting down CaUSe for Trial.
277. No cause shall be set down for trial without an order of the
Court obtained on summons.

278. At the expiration of the time allowed for filing a statement
of defence, and whether such statement has been filed or not, the
Court may, on the application of the plaintiff, order the cause to be
set'down for trial.

* As aniencled by No. 1 oi 1912.





279. An order to set down the cause for trial may be made on the
application of the defendant, if it appears to the Court, having re-
gard to the state of the pleadings, that the cause is ready to bc tried,
and that there has been delay on the part of the plaintiff in obtaining
an order for setting down the cause, for which the i)laintiff has no
reasonable excuse (such as the absence or illness of a material wit-
ness), and that the defendant is prejudiced, or may reasonably be
expected to be prejudiced, by such delay.

- Postpoveivent of Trial.
280.-(1) The Court may at any time, on a summons taken out
by any party thereto, postpone the trial of a cause set down, on
being satisfied by evidence upon oath that the postponement will
have. the effect of better ensuring the trial and determination on the
merits of the questions in issue between the parties.

(2) The postponement may be for such time and on such terms, if
any, as the Court may think fit.

281. Where any such applicafion is made on the ground of the
absence from the Colony ol a witness, the Court shall require to be
satisfied that his evidence I's material and that he is likely to return
to the Colony and give evidence within a reasonable time. -

282. Where any such application is. made for the purpose of
enabling the party applying to obtain the evidence of a witness
resident out of the jurisdiction, the Court shall require to be satisfied

that the evidence of the witness is material, and that he is per-
n-ianently residing out of the jurisdiction or does not intend to come
within the jurisdiction within a reasonable time.

General Trial List and Trial Paper.
283. There shall be kept by the Rebgistrar a general trial list of
causes and a trial paper.

284.-(1) When a cause is set down for trial it shall be placed in
the general trial list, and shall be transferred to the trial paper
strictly in its order, according as the general trial list becomes
exhausted.

(2) The regular order shall in no case be departed from without
the special direction of the Court.

* As amended by No. 2 of 1912.





285. When a cause is about to be transferred from the general
trial list to the trial paper, notice of such transfer shall be served on
the parties, and, unless the Court in any particular case directs
otherwise, not less than 10 days shall be allowed between the service
of such notice and the day of trial.

286. When any cause has been specially directed by the Court to
he tried on a particular day or out of its ordinary turn, the name of
the cause shall be placed in the trial paper with the words ---by
order--- subjoined.

287. In case of the postponement of the trial of any cause from
the day appointed in the trial paper by reason of the preceding
causes in the trial paper not having been got through, or under any
order of the Court made during the sitting on that day, no further
notice to either party of the postponement day shall be requisite,
unless otherwise ordered by the Court.

Modes of Trial.

288.-(1) The summons for setting down the cause for trial shall
specify the mode of trial desired by the party making the applica.,

(2) On the hearing of the sumnions, the Court shall make such

order as to the mode of trial as it may think fit, but subject to the
provisions hereafter contained in this Chapter.

289. In any action of libel, slander, false imprisonment, malicious
prQsecution, seduction, or breach of promise of marriage, the plain-
tiff or the defendant may, in the summons or on the hearing of the
summons, as the case may be, signify his desire to have the issues

of fact tried by the Court with a jury, and thereupon the same shall
be so tried.

290.-(1) Causes or matters which would, previously to the com-
mencement of the Hongkong Code of Civil Procedure, bave been
heard by the Court in its equitable jurisdiction shall be tried by the
Court without a jury, unless the Court otherwise orders.

(2) The Court may, if it appears desirable, direct a trial without
a jury of any question or issue of fact, or partly of fact and partly
of law, arising in any cause or matter which, previously to

* As amended by No. 2 of 1912.





the commencement of the Hongkong Code of Civil Procedure,
could, without any consent of parties, have been heard without a
jury.
(3) The Court may direct the trial without a jury of any cause,
inatter, or issue requiring any prolonged examination of documents
or accounts, or any scientific or local investigation, which cannot, in
the opinion ofthe Court,, conveniently be rnade with a jury.

291. In any other cause or inatter, on the application of arly party
thereto for a trial by the Court with a jury of the catise or matter or
of any issue of fact, an order shall be made for such trial accordingly.

292. In every cause or niatter, unless under the provisions ct the
last section a trial by the' Court with a jury is ordered or tinder
section 289 either party has signified a desire to have a, trial by the
Court with a jury, the mode of trial shall be by the Court without
a jury : Provided that in any such case the Court inay at ally ti-ine
order any cause, matter, or issue to be tried by the Court with a
jury, or by the Court sitting with assessors, or by a referee with or
without assessors.

293. Subject to the provisions ol the last five sections, the Court
may, in any cause or matter, at any time or from time to time order
that different questions of iact arising therein be tried by different
modes of trial or that one or more questions of fact be tried before
the others, and may appoint the places for such trials, and ill all
cases may order that one or more issues of fact be tried before any
other or others.

294. In any case where an order might be made or has been nlade
for a trial by the Court with or without a jury, the Chief Justice may
order that such trial shall be by the Full Court with or without a
jury, as the case may be.

295. All existing enactments relating to juries shall be deemed to
continue ill itill force and effect so far as the salne may not be inT
consistent with any provision of this Code.

CHAPTER XII.
TRIAL.
Non-Attendance of Parties.
296. When a cause is called on for trial, if neither party appears,
the Court may, if it thinksfit, strike the-cause out of the trial paper.
by No. 50 of 1911.
As amended by No. 2 of 1912.





297. If the plaintiff does not appear but the defendant appears.
the Court, on being satisfied that the plaintiff has received notice of
trial, shall, unless it sees good reason to the contrary, strike the
cause out of the trial paper, and make such order as to costs in
favour of the defendant as may seem just.

298. If the plaintiff appears but the defendant does not appear,
the Court shall, before trying the cause, inquire into the service of
the writ of summons, of the statenient of claim, and of notice of
trial on the defendant.

299. If it is not satisfied as to the service on every party, the
Court shall direct such further service to be made as it may think
fit, and shall adjourn the trial of the cause for that purpose.

300. Where the defendant does not file a statement of defence,
the plaintiff at the trial must open his case, and adduce evidence in
support of it, and take such Judgment as to the Court may seem
J . ust, and the defendant shall not be entitled to be heard at the trial,
without the special leave of the Court, and then only to such extent
and in such manner as the Court may permlt.

301. If it is satisfied that the delendant has been duly served wi
the writ ef suninions, the statelnett ot and notice of trial, the
Court may proceed to try the caii,~e notwithstanding the absence of
the defendant, and may, on the evidence adduced by the plaintiff,
give such judgment as may seeni just. The Court, however, shall
not be bound to do so, but may, if it thlinks fit, order the trial to
stand over to a further day, on stich ternis as may seem inst, and
direct fresh notice to be given tothe defendant.

302. In any case where the plaintill has obtained leave to pro-
ceed ex porte for want of appearance to the writ of sumnions, and in
all other cases where the Court tries a canse and Judgnient is given
in the. absence of and against any defendant, the Court, may after-
wards, if it thinks fit, on such terms as may seeni Just, set aside
the judgment and re-try the canse, on its being established by
evidence upon oath, to the satisfaction of the Court, that the
delendant's absence was not wilftil and that he has a.defence on
the merits.

303.-(10 Where a cause has been struck out of the trial paper
by reason of the absence of the plaintiff, the Court may, on
the application of the defendant, made within '7 days after such





striking out, make an order on the plaintifF to show cause why a
day should not be fixed for the peremptory trial of the cause; and,
on the return to that order, if no sufficient cause is shown,
the Court shall fix a day accordingly, with such notice of trial and
on such other terms as may seem just.

(2) If no such application is made, the cause may be restored,
with leave of the Court.

(3) On such leave being obtained, the cause shall be set down
again at the bottoin of the general trial list, and be transferred ill
its regular turn to the trial paper.

304. Where a cause has been once struck out, and has been a
second time set down, and has conle into the trial paper, and oil
the day fixed for the trial the plaintifl, having received due notice
thereof, falls to appear when the cause is called oil, the defendant
shall be entitled todisinissull- the action, but If lle has
a counterclaim, then he irlay prove such counterclaim so far as the
burden of proof lies upon him.

Order of Proceedings at Trial.
305. The order of proceedings at the trial of cause shall
be as follows :-

(1) the plaintill shall read the pleadings or state the substance
thereof, as the Court may direct;

(2) the party upon whom.the burden of proof lies shall begin;
he shall address the Court and open his case;
(3) the party beginning shall their produce. his evidence and
examine his witnesses in chief ,

(4) when the pailty beginning has concluded his evidence, be
shall ask the other party if lie intends to produce evidence (in which
terin is included evidence by affidavit or taken by commission or on
deposition, and documentary evidence not already read or taken as
read) ; if answered in the negative, he shall be entitled to sum up
the evidence already given and comment thereon ; but if answered
in the affirmative, he shall wait for his general reply;

(.5) when the party beginning has concluded his case, the other
part), shall be at liberty to address the Court, and to produce his
evidence and examine his witnesses in chief, and to sum up the
evidence already given and comment thereon;





(6) if no evidence is produced by the latter party, the party be-
ginning shall have no right to reply, urfless he has been prevented
from summing up his case by the statement of the other party of his
intention fo produce evidence;

(7) the case on both sides shall then be considered closed;

(8) if the party opposed to the party beginning produces evid-
ence, the party beginning shall be at liberty to reply generally on
the whole case, or lie may produce fresh evidence in reply to the
evidence given on the other side, on points material to the deter-
narration of the issues or any of theni, but not on collateral
iriatters
(9.) where evidence in reply is tendered and allowed lo be given,
the party against whom the same has been adduced shall be
at liberty to address the Court, and the party beginning shall be
entitled to the general reply ; and

(10) each witness after examination-in-clilef shall be subject to
cross-examination by the other party, and to re-examination
by the party calling him, and after re-exaniination may be ques-
tioned by the Court, and shall not be recalled or further questioned,
except by leave of the Court.

306. The Court shall take a note of the vird voce evidence, and
shall put down the terms of any particular question or answer, if
there appears to be any special reason for doing so.

307
The Court irray record on the notes of evidence such
as it thinks material respecting the deineanour of any wit-
ness while under examination.

308.-(1) Any party to a cause shall be entitled, on application

to the Recristrar and on payment of the prescribed fee, to have an

office copy of the notes of evidence taken in such cause or of any
portion thereof.

(2) On application by any other person and on reasonable cause
being shown for such application, the Court may order that such
person shall, on payment of the prescribed fee, have an office copy
of the notes of evidence taken in such cause or of any portion there-
of: Provided that, on granting any such application, the Court
may impose such terms as to publication or other use of the
said notes as the Court may think proper.







(3) An office copy of the notes of evidence taken in any cause
shall be admissible, saving all just exceptions, in the same or any
other cause as evidence that viva voce evidence was given before
the Court as therein appearing.

309.-(1) Any objection to evidence must be taken at the time
when the question objected to is put, or, in case of 'documentary
evidence when the same is about to be put in, and must be argued
and decided at the time.

(2) Where a question put to a witness is objected to, the Court,
unless the objection appears to be frivolous, shall take a note of the
question . and objection, if required by either party, and shall men-
tion on the notes whether the question was allowed to be put or not,
and the answer to it, if allowed.

310. Where any evidence is by affidavit or has been taken by coin-
mission or on depoiltion, the party adducing the same may read and
comment on it, either immediately after his opening or after the
,vivd voce evidenc on his part has been concluded.

311. Documentary endence must, be put in and read, or taken as
read by consent.

312. Every docurnent put In evidence shall be marked by the
officer of the Court at the tline, and sball be retained by the Court
during the trial, and returned to the party who put it in, or from
whose custody it came, immediately after the judgment, unless it is
impounded by order ol' the Court.

311-(1) Where the evidence, adduced at the trial varies sub-
stantially from the allegations of the respective partie's in the
pleadings, it shall be in the discretion oI the Court to allow the
pleadings to be amended, so as to make the pleadings correspond
with the evidence.

(2) The Court may allow such amendment on such terms as to
adjournment, costs, and other things as may seem just, so as to
avoid surprise and injury to any party.

314. In an action for libel or slander, in which the defendant does
not by his statement of defence assert the truth of the statement
complained of, the defendant shall not be entitled on the trial to give
evidence in chief,with a view to mitigation of damages, as to the





circumstances under which the libel or slander m-as published or as
to the charAter of the plaintiff, without the leave of the Court,
unless he has, 7 days at least before the trial, furnished particulars
to the plaintiff of the matters as to which he intends to give evidence.

Incidental Powers o f the Court.
315.-(1) The Court may at the trial, without the consent of
parties, direct a non-stilt or judgment for the plaintiff or defendant
to be entered, or it inay reserve any point of law, or direct judgment
to be entered subject to a special case to be stated for the opinion of
the Court.
(2) Every such point of law so reserved and every such special
case shall be heard before the Full Court.
(3) The Court may order any such point' of law so reserved to be
set down for argument without any previous application.
(4) The provisions of Chapter VIII shall, with the necessary
modifications, apply to every such special case.

Withdrawal from and Settlenwat of Action
316.-(1) If the plaintiff at any tline before final judgment,
satisfies the Court that there are sufficient grounds for permitting
him to withdrw from the action, with liberty to brilig, a fresh action
for the same cause of action, it shall be competent to the Court to,
grant such permission, on such terms as to costs or otherwise as may
seem just.
(2) In ally such fresh action the plaintiff shall be bound by the
rules for the limitation of actions in the saine manner as if the first
action had not been brought.
(3) If the plaintiff withdraws from the action without such per-
mission, he shall be precluded front bringing a fresh action for the
same cause of action.

317.-(1) If an action is settled by mutual agreement or com-

promise or if the defendant satisfies the plaintiff in respect of the
subject-matter of the action, the agreement, compromise, or satisfac-

tion shall be recorded, and the action shall be dispo3ed of in accord-
ance therewith.

(g) Notice of such agreement, compromise, or satisfaction shall
he given by the plaintiff, or, if a solicitor is employed, by his solicitor,





to the Registrar, together with such particulars as may be required
of him, within one week after the same has been inade, and, in
default thereof, the plaintiff or his solicitor, as the. case may be, shall
be deemed. guilty of a contempt of Court, and shall, be liable to be
proceeded against and punished accordingly.

CHAPTER XIII.

EVIDENCE.
Evidence iv General.
318. The existing rules of evidence shall continue in full force and
effect so far as they are not modified by any provisions of this Code.

Evidence de, bene esse.
319.-(1) Where the circumstances of the case -appear to the
Court so to require, the Court may take the evidence of any witness
or person at any time in the course of the proceedings in any cause
before the trial of the cause, or mav order that sneb evidence shall
be taken b the Rgistrar or by any other person, and at any place.

(2) The evidence shall be taken, as nearly as may be, in the same
way as evidence at the trial of an action, and then the note of the
evidence shall be.read over to the witness and tendered to him for
signature ; and if he refuses to sign it, the Court, or the Registrar,
or such other persbn, as the case may be, shall add a note of his
refusal, and the evidence may be used as if he had signed it.

320. If in any case the Court so orders, there shall be issued a
request fo.examine witnesses in lien of a commission as provided for
by any Ordinance relating to evidence.

321. Evidence may be taken in like manner, on the application of
any person before action brought, where it is shown upon oath, to
the satisfaction of the Court, that the person applying has good
reason to apprehend that an action will be brought against him in
the Court, and that some person, within the jurisdiction at the time
of the application, can give material evidence respecting the subject
of the apprehended action, but is about to leave the jurisdiction, or
that from some other cause the person applying will lose the benefit
of his evidence if it is not at once taken : Provided that the Court
may, on granting such application, impose any terms or conditions
As amended by No. 1 of 1912.





with respect to the examination of any such witness and the
admission of his evidence as to the Court may seem reasonable.

322. The Court may in any cause, at any stage of the proceedings,
order the attendance of any person for the purpose of producing any
document named in the order which the Court may think fit to be
produced : Provided that no person shall be compelled to produce
under any such order any document which he could not be compelled
to produce at the trial.

323 Every person who wilfully disobeys any order requiring his
attendance for the purpose of being examined or producing any
document shall be deemed guilty of contempt of Court, and shall be
liable to be proceeded against and punished accordingly.

324. Where any person is ordered to be examined before any-
officer of the Court or before any person appointed 'for the purpose,
the person taking the examination shall be furnished by the party
on whose application the order was made with a copy of the writ
and pleadings, if any, or with a copy of the documents necessary to
inform the person taking the examination of the questions at issue
between the parties.

325. Where the examination of any witness is taken under the
provisions hereinbefore contained, the deposition so takern shall be
returned to and kept in the Registry; and office copies of such de-
position may be given out to any person interested who may apply
for the same.

326. Where any such examination is taken by the Registrar or by
come other person, he iiiay, and, Iii need be, lie shall, make to the
Court a special report with regard to such exammination and the
absence or conduct of any witness or other person thereon or
relating thereto; and the Court may direct such proceedings and
make such order as upon the report it may think just.

326a-(1)Where under Part IV of the Evidence Ordinance,
1889, or section 24 of the Extradition. Act, 1870, any civil or com-
mercial matter, or any criminal matter, is pending before a Court
or Tribunal of a foreign country and it is made to appear to the
Court or a Judge by cominission rogatoire, or letter of request (both

which are in this section referred to as ---letter of request '), or

As arnended by No. 10 of 1909, No. 50 of 1911, No. 1 of 1912 and
No. 2 of 1912.





other evidence as hereinafter provided, that such Court or Tribunal
is desirous of obtainin- the testimony in relation to such matter of

Any witness within the jurisdiction, the Court or Judge may, on the
ex parte application of any person shown to be duly authorised to
make the application on behalf o'l such foreign Court or Tribunal,
and on production ol the letter of request, or of a certificate signed
in the manner, and certifying to the effect mentioned in section 40
of the Evidence Ordinance, 1889, or such other evidence as the Court
or Judge may require, make such order as may he necessary to.give
effect to the intention of the enactments above mentioned in con-
forinity with section 39 of the said Evidence, Ordinance, 1889.

(2) An order niade under this section shall be in form 49 in th
schedule, with such variations as circumstances rilay require.

(3) The examination may be ordered to be taken before any fit
and proper person nominatd by the person or such other
qualified person as to the Court or Judge may seenn fit.

(4) Unless otherwise provided in the order lor examination, the
person belore wbom the examination is taken shall, on its cornple-
tion, forward the same to the Registrar, who on receipt thereof,
shall append thereto a certificate, in form 50 in the schedule, with
such variations as circumstances may require, duly sealed with the
seal of the Court, and shall forward the depositions so certified, and
the letter of request, if any, to the Colonial Secretary for trans-
mission to the Court, or Tribunal requiring the sarne, or, where the
foreign Court or Tribunal so desires, for transinission to the consul
or other official of the forgen Government in the Colony.


(5) An order made under this section may, if the Court or
Judge shall think fit, direct the said examination to be taken in
such manner as may be requested by the letter of request, or there-
16 signified to be in accordance with the practice or requirernents
of the foreign Court or Tribunal, or which may, for the same
reason, be requested by the applicant for such order. But in the
absence of any such special directions the examination shall be
taken in accordance with the practice of the Court.
(6) Where a letter of request, as mentioned in this section, is
transmitted to the Court by the Governor with an intimation that
it is desirable that effect should be given to the same without
requiring an application to be made to the Court by the agents in
Hongkong of any of the parties to the action or matter in the





foreign country, the Registrar shall transmit the sameto the Crown
Solicitor who may thereupon make such applications and take such
steps as may be necessary to give effect to such letter of request, in
accordance with this section.

(7) The provisions of this section shall apply, mutatis Mutandis,
to applications under section 38 of the Evidence Ordinance, 1889,
for the purpose of giving effect to any letter of request from any
of His Majesty's Courts or Tribunals of competent jurisdiction out-
side the Colony.

327. Except where by this code otherwise providA or directed
by the Court, no deposition shall be given in evidence at the trial
of the cause without the consent of the party against whom the same
is offered unless the Court is satisfied that the deponent-

(1) is dead; or

(42) is beyond the jurisdiction of the Court; or

(3) is unable from sickness or other infirmity to attend the trial,
in anv of which cases the deposition, certified bs. the Court or under
the hand of the person taking the examination, as the case may be,
shall be admissible in evidence, saving all just exceptions, without
proof of the signature to such certificate.

Affidavits.

328.-(1) Every affidavit used in the Court shall be in the
English language.


(2) It shall bc drawn up in the first person, and shall be divided
into paragraphs numbered consecutively; and each paragraph shall,
as nearly as may be, be confined to a distinct portion of the subidet.

(3) It shall state the description and true place of abode of the
deponent.

(4) It shall contain, and contain only, a statement of facts and
circumstances to which the witness swears, either on his own
personal knowledge or from information which he believes to be
true.

(5) Where the belief in the truth of the matter of fact sworn to
arises from information received from another person, the name
of such person shall be stated.





329. Where there are any interlineations, alterations, or
erasures, so that the affidavit proposed to be sworn is illegible or
difficult to read, or is in the judgment of the officer before whom it
is proposed to be sworn, so written as to give any facility for being
added to or in any way fraudulently altered, the officer may refuse
to take the affidavit ' in its existing form, and may require it, to be
re-written in a clear, legible, and unobjectionable manner.

530. No affidavit having In the body or jurat thereof any inter-
lineation, alteration, or erasure shall, without leave of the Court
be read or made use of in any matter depending in the Court unless
the interlineation or alteration (other than by erasure) is authen-
ticated by the initials of the officer taking the affidavit, or, in the
case of an erasure, unless the words or figures appearing at. the
time of taking the affidavit to be written on the erasure are
re-written and signed or initialled in the margin of the affidavit by
the officer taking it.

331. Any affidavit sworn before any Judge, officer, or other
person in the United Kingdom or in any British possession
authorised to take affidavits, or before any commissioner duly
authorised by the Supreme Court to take affidavits in the United
Kingdorn or any British possession, may be used in tile Court in
all cases where affidavits are admissible.

332. Any affidavit sworn in any foreign parts out of His Majesty's
dominions before a Judge or Magistrate, being authenticated by
the official seal of the Court to which lie is attached or of such Ma-
gistrate, or before a notary public or a British consular officer, may
be used in the Court in all cases where affidavits are admissible.

333. The fact that an affidavit purports to have been sworn in
the manner prescribed by one of the last two sections shall be
pima facie evidence of the seal or signature, as the case may be,
of any such Court, Judge, Magistrate, commissioner, or other
officer orperson therein mentioned, appended, or subscribed to such
affidavit, and of the authority of such Court, Judge, magistrate,
commissioner, or other officer or person to administer oaths.

334. The Court may receive any affidavit sworn for the purpose
of being used in any cause, notwithstanding any defect by mis-

As amendell by No. 2 of 1912.
As ameDded by No. 50 of 1911.





description of parties or otherwise in the title or Pirat or any other
irregularity in the form thereof, and rnay direct a memorandum
be made on the document that it has been so received.

335. An Affidavit shall not be admitted by the Court which
is proved to have been sworn before the person on whose behalf the
same is offered, or before his solicitor, or before a partner or clerk
of his solicitor.

336. A defective or erroneous affidavit may be amended and
re-sworn, by leave of the Court, on such terms as to time, costs, or
otherwise as may seem reasonable.

337. Before an affidavit is used the original must be filed in the
Registry; and the original, or an office copy thereof, shall alone be
recognised for any purpose in the Court.

Evidence at Trial.
338. The Court may, in its discretion, allow the evidence in any
cause, or as to any particular inatter in a cause, to be taken
by affidavit or that affidavits of any witnesses be read at the trial :
Provided that every witness making an affidavit so received shall
be liable to cross-examination in open Court, unless the Court
directs the cross-examination to take place in any other manner.

339. The Coiirt may, in its discretion, if the interests of justice
appear absolutely so to require, admit an affidavit in evidence
although it is stlown that the party against whom the affidavit is
offered in evidence has had or will have no opportunity of cross-
examining the person who has made the affidavit.

340. No affidavit of any witness shall be read at the trial under
the provisions hereinbefre contained, except in pursuance of an
order of the Court obtained on s uninions before trial, unless the
Court thinks fit under the circumstances otherwise to direct, on
such terms as may seem just.

341-(1) If a witness is asked any question relating to a matter
not relevant to the cause, except in so far as it, affects the credit
of the witness by injuring his character, the Court shall decide
whether or not. the witness shall be compelled to answer it, and
may, if it thinks fit, warn the witness that he is not obliged
to answer it.

* As atne.rlded by No. 2 of 1912.





(2) No such question shall be asked unless the person asking it
has reasonable grounds for believing that the imputation which it
conveys is well founded.

(3) The Court may forbid any question or inquiry which it re-
gards as indecent or scandalous, although such question or inquiry
may have some bearing on the questions before the Court, unless
it relates to facts in issue or to matters necessary to be known in
order to deterinine whether or not the facts in issue existed.

(4) The Court shall forbid any question to a witness which
appears to it to be intended to insult or annoy, or which, though
proper in itself, appears to the Court to be needlessly ofiensive in
form.

342. Where any person who might give evidence in any cause
is dead, or insane, or unavoidably absent at the tline vlien
his evidence might be taken, or, for any reason considered sufficient
by the Court, camnot appear to give evidence in the cause. the
Court ma , if it thinks fit, receive proof of any evidence given by,

him in any former judicial proceeding: Provided that the subject-
matter of such former judicial proceeding was substantially the
same as that of the existing cause, and that the parties to
the existing cause were parties to it or bound by it, and in it had
cross-examined, or had an opportunity of cross-examining, the
witness of whose evidence proof is so to be given.

343. All evidence taken at the trial of any cause may be used
any subsequent proceedings in the same cause.

344. The provisions of Chapters XII and XIII shall, with the
necessary modifications, apply in respect of any petition or matter
and in respect of the hearing thereof.

CHAPTER XIV.

JUDGMENT.
345. When the cause is tried by the Court with a jury, the verdict
shall be recorded and Judgment shall be entered up by the Registrar
as the Court may direct.

346.-(1) When the cause is tried by the Court without a jury,
the judgment shall be pronounced in open Court, unless the Court,
otherwise directs, or it may be read by the Registrar, if so ordered.





(2) A Judge may pronounce a judgment written by his pre-
decessor or colleague but not pronounced.

347. If the judgment of the Court is reserved at the #rial
the Court shall, either then or on some subsequent day, cause the
parties to be informed of the day on which judgment will be
delivered.

348.-(1) All parties shall be deeined to have had notice of any
judgment if the same is pronounced at the trial or hearing of the
cause or matter.
(2) All parties duly informed of the day on which judgment will
be delivered shall be deemed to have had notice of the judgment
when pronounced.

349. A minute of every judgment or order, whether final or in-
terlocutory, shall be made by the Registrar or a clerk of the Court,
and every such minute shall have the same force and effect as a
judgment or order of the Court : Provided that the Court may, on
good cause shewn, in any-cause or matter, on the application of any
party. order a formal judgment or order to be drawn up.
350. Whenever the Court delivers a written judgment, the
original, or a. copy thereof signed by the Judge, shall be filed in the
action or other proceeding.

351. When the action is for a sum of money due to the plaintiff,
the Court may, in the judgment, order interest, at such rate as the
Court may think proper, to be paid on the principal sum adjudged
from the commencement of the action to the date of the judgment,
in addition to any interest adjudged on such principal sum for any
period prior to the commencement of the action; and further in-
terest, at such rate as may for the tline being be fixed by the Court,
shall be recoverable on the aggregate sum so adjudged, from the
date of the judgment to the date of payment.

352. In any judgment for the payment of money, the Court may,
for any sufficient reason, order that the amount shall be paid by
instalments, with or without interest thercon, and that, in default
of payment of any instalment as and when due, execution may issue
for the payment of the balance of the amount then remaining due.
As amended by No. 36 of 1911.
f As amended by 'No. 86 of 1911, No. 2 of 1912 and No. 43 of 1912
Supp. Sched.
The rate of interest fixed is 8,. per annum.





353. In any case in which the Court has juriRdiction to entertain
an application for an injunction against a breach of any covenant,
contract, or agreement, or against the commission or continuance
of Any wrongful act, or for the specific perfornianee of any covenant,
contract, or agreement, it shall be lawful for the Court, if it thinks
fit, to award damages to the party injured, either in addition to or
in. substitution for such in-lunction or specific perforniance, and such
damages may be assessed in sueffi manner as the Court may direct.

354-(1) In any action in -which it appears to the Court that the
amount of damages sought to be recovered by the plaintiff is sub-
stantially a matter of calculation, the Court may direet that the
amount lor which final Judgment is to be signed shall be ascertained
by the Registrar or by such other person as the Court inay appoint.

(2) Under any such direction, the attendance of witnesses and
the prodoction of doeninents before theor such other
person may be compelled by subpana.

(3) It shall be lawful for the Registrar or such othe person to
adjourn the inquiry as occasion may require.
,j

(4) The Registrar or such othe person sliall indorse on the rule
or order for referring the amowit of damages to him the amount
found by him, and shall deliver the rule or order, with such
indorsement, to the plaintiff ; and such and the like proceedings
may thereupon be had, as to taxation of costs, signing judgment,
and otherwise, as on the finding of a jury.

355. In any action where the plaintif recovers a sum of money
the amount to which he is entitled niay be awarded to him by the
J . udgment generally, without any distinction being therein made as
to whether such sum is recovered by way of a debt or of damages.

356.-(1) If the defendant has been allowed to set off any deniand
against the claim of the plaintiff, the judgment shall state what
amount is due to the plaintiff and what aniount, lil' any, is due to
the defendant, and shall be 'for the recovery of any sinn which shall
appear to be due to either party.

(2) Similar provisions shall apply in the case of a counterclaim.

(3) The judgment of the Court with respect to any sum awarded-
to the defendant shall have the same effect and be subject to the

* As amended by 1 NO. 60 of 1911.





same rules as if such sum had been claimed by the defendant in a
separate action against the plaintiff.

357. Every judgment, made in any cause or matter requiring any
person to do an act thereby ordered shall state the time, or the time
after service ol the judgment, within which the act is to be done,
and on the copy of the 'udgment which is served on the person
required to obey the same there shall be indorsed a memorandum
in the words or to the effect following :-
If you, the within-named C.D. neglect to obey this judg-
ment by the time therein limited, you will be liable to
process of execution for the purpose of compelling you
to obey the said judgment.---

Order of the Court.

358. Every order of the Court in any cause or niatter shall have
the same force and effect as a judgment of the Court, and may be
enforced by and against all persons affected or bound thereby,
subject to ;lie sarne rules and in the same manner as a judgment to
the same effect.

CHAPTFR XV.

COSTS.

359. The costs of every action, and of each particular proceeding
therein, and of every proceeding before the Court, including the
administration of an estate or trust, shall be in the discretion of the
Court .; and the Court shall have full power to award and apportion
costs in any manner it may deem proper : Provided that nothing
herein contained shall deprive any executor, administrator, trustee,
or mortgaeee who has not unreasonably instituted, or carried on, or
resisted any proceedings of any right to costs out of a particular
estate or Iffind to which he would be entitled according to the rules
acted upon in the equity jurisdiction of the Court previously to the
commencement of the Hongkong Code of Civil Procedure : Pro-
vided, also, that where any action, cause, matter, or issue is tried
with a jury, the costs shall follow the event, unless the Court for
good cause otherwise orders.

As amended by No. 43 of 1912 Supp. Sched.





360. Where issues in fact and in law are raised upon a clairn or
counterclalin, the costs of the several issues respectively, both in
fact and in law, shall, unless the Court otherwise orders, follow the
event.

361. Under the denomination of costs are included the whole of
the expenses reasonably incurred by either party on account of the

action or other proceeding, and in enforcing the judgment or order
made, therein, such as the expense of summoning the parties and

witnesses and of other process, and of proctiring copies f docu-
nients, fees and costs of counsel and solicitor, fees and costs oil
special juries, charges of witness-es, and expenses of commissioners,
either in taking evidence or in investigaing accunts.

362.-(1) So far as the, scale of Court fees and fees and costs of
coun.sel and solicitor for the time being irt use in the Court may be
ineoniplete, all questions relating to the amount and reasonableness
of such fees and costs shall be referred to the Eegistrar, wbo is
hereby empowered to deterniine the same on taxalion, either with
or without reference to the said scale, having regard to the skill,
labour, and responsibility involved, subject, Dievertbeless, to a review
of such determination by way of summary application to the Court
In Chambers.

(2) The payment of the costs allowed oit such taxation or review
may be enforced in the sanie manner as if the sarric had been fixed
by any general rule or order of the Court.

363.-(1) The Court may, if in any case it thinks fit, require aDy

party to an action or other proceeding, either at the comniencement
or at any time during the progress thereoi, to ,sive security for costs,
and, in the case of a plaintiff, may stay proceedings until such
security has been given.

(2) A plaintiff ordinarily resident put of the jurisdiction may be
required to give security for Costs, although lie may be temporarily
resident within the jurisdiction.

(3) The security shall be of such amount. and be given at such
times, and in such manner and form as the Court may direct.
(4) Where a bond is to be given as security, it shall, unless, the
Court otherwise directs, be given to the party or person in whose
favour the security is ordered to be given.





364.-(1) In the event of the plaintill who has been required to
give security for costs not giving it within the time fixed for that
purpose, the Court, may dismiss the action unless the plaintiff is
permitted to withdraw from the action or shows good cause why
such time should be extended, in which case the Court may extend
it.

(2) Where an action is dismissed under this section, the plaintiff
may apply to the Court to set the dismissal aside, and if it is proved,
to the satisfaction of the Court, that he was prevented by any suffi-
cient cause from giving the security within the time fixed for that
purpose, the Court may set aside the disinissal, on such terms, as to
security, costs, or otherwise as it may think fit.

(3) The dismissal shall not be set aside unless the plaintiff has
served the defendant with notice in writing of his application.

365. The Court may direct that the costs payable to one party by
another shall be set off against a Sum which is admitted or is found
in the action or other proceeding to be due from the former to the
latter.

366. Unless the Court otherwise orders, interest on costs, at such
rate as may for the time being be fixed by the Court, shall be re-
coverable as cwts from the. date of judgment to the date of payment.

367. The Court may in any eptse direct tbat costs, with or without
interest, shall be paid out of or charged upon the subject-matter of
the action or other proceeding.

368. In every case where. costs wotild be recoverable by or from
a private party, they shall be recoverable by or from the Crown.

CHAPTER XVI.
EXEGIMON.
investigation as to Property of Judgment Debtor.
369.-(1) Where a Judgment directing payment of money remains
wholly or in part unsatisfied, (whether a writ of execution has issued
or not), the judgment creditor may apply to the Court for a sum-

The rate of interest fixed is 801'o per annurn.
As ainended by No, 36 of 1911.





mons requiring the judgment debtor to appear before the Court and
be examined respecting his ability to make the payment directed
and the Court shall, unless it sees good reason to the contrary, issue
such summons.

(2) On the appearance of the judgment debtor, he may be
examined upon oath by or on behalf of the Judgment creditor, and
by the Court, with respect to his ability to make the payment direct-
ed, and for the discovery of property applicable to such payment,
and as to the disposal which he may have made of any property.

(3) The judgment debtor shall be bound to produce, upon oath or
otherwise as the Court may think fit, all books, papers, and doeu-
ments in his possession or power relating to property applicable Lo
such payment.

(4) Whether the Judgment debtor so appears or not, the judg-
ment creditor and all other witnesses whom the Court thinks
requisite may be examined upon oath or otherwise, as the Court
may think fit, respecting the matters aforesaid.

(5) The Court may, if it thinks fit, adjourn the hearing of the
summons fr6ni tinic to time, and require from the Judgment debtor
such security for his appearance at the adjourned bearing as may
seem proper, and, in default of his finding security, may, by war-
rant, commit him to prison, there to remain until the adjourned
hearing, unless sooner discharged.

(6) The Court may, on such investigation as aforesaid, make an
interim. order for the protection of any property applicable to the
payment directed as it may think expedient.

Modes of enforcing Judgment.

370. If the judgnient is for immovable property, the party who
has obtained the Judginclit shall be put in possession of the pro-
perty, if necessary, by the bailifl.

371. If the judgment is for money, it may be enforced by the
imprisonment of the party against whom it has been given, or by
the attachment and ,sale of his property, or by both imprisonment
and attachment and sale, if necessary; and if such party is other
than a defendant, the judgment may be enforced against him in the
same manner as a judgment may be enforced against a defendant.





372. If the judgment is against a party as the representative of
a deceased person, and such Judgmient is for inoney to be paid out
of the propetty of the deceased person, it may be executed by the
attachment and sale of any such property, or, if no such property
can be found and the defendant falls to satisfy the Court that be has
duly applied such property of the deceased person as may be proved
to have come into his possession, the Judgment may be executed
against the defendant to the extent of the property not duly applied
by him, in the same manner as if the judgment had been against
him personally.

373. If the judgment is for any specific iinovable or for the specific
pe 1 rformance of any contract or other particular act, it iriny be en-
forced by the seizure, if practicable, of the specific inovable and
the delivery thereof to the party to whom it has been adjudged, or
by linprisonryient of the party acyalnst whom the judgment has been
,liven, or by attaching his property and keeping the sairle under
attachment until the further order of the Court, or by both
imprisonment and attachment, if necessary , or, if alternative
damages have been awarded, by levying such damages in the mode
provided for the execution of a judgment for money.


374. If the judgment is for the execution of a deed or for
the indorsement of a negotiable instrument, and the party ordered
to execute or indorse such deed or instrument refuses or nealects
to do so, any party interested in having the same executed or
iridorsed may prepare a deed or indorsement of the instrment in
accordance with the terms of the judgnient and tender the saine to
the Court for executioii upon the proper starap, if any, required
by law, and the execution or indorsement thereof by the Registrar
shall have the same effect as the execution or indorsement thereof
by the party ordered to execute or indorse

375. Where a person has beconic liable as surety for the perform-
ance of a judgment or of any part thereof, the judginent may be
executed against him to the extent to which he has rendered him-
self liable, in the sanie nianner as a Judgment may be enforced
against a judgmed debtor.

376. Any person, not being a party to a cause or niatter, who
obtains any order, or in whose favour any order is made, shall be
entitled to enforce obedience to such order by the same process as if
be were a party to such cause or matter; and any person, iiot being





a party to a cause or matter, against whom obedience to any judg-
ment or order may be enforced shall be liable to the same process
for enforcing obedience to such judgment or order as if he were a
party to such cause or matter.

General Rules relating to Execution.
317. The following property is liable to attachment and sale in
execution of a judgment, namely, land, houses, goods, money, bank
notes, cheques, bills of exchange, promissory notes, government
securities, bonds, or other securities foi inoney, debts, shares in
the capital or joint stock of any public company or corporation, and
all other property whatsoever, whether movable or immovable,
belonging to the judgment debtor, and whether the same is held
in his own name or by another person in trust for him or on his
behalf.

378. All moneys payable under a judgment on which a Writ of
execution has been issued shall be paid into Court, unless the
Court otherwise directs.

379. As between the ori.ginal parties to a Judgment, execution
may issue at any time within 6 years from the recovery of
the judgment.

380. A writ of execution, if unexecuted, shall remain in force for
one year only from its issue, unless renewed in the manner here-
inafter provided ; but such writ may, at any tinie before its
expiration, by leave of the Court, be renewed by the party issuing
it for one year from the date of such renewal, and so on from time
to time during the continuance of the renewed writ, eitlier
by being marked by the Registrar with the seal of the Court and
with the date of the day, month, and year of such renewal or by
such party giving a written notice of renewal to the balliff, signed by

the party or his solicitor and marked in like nianner ; and writ of
execution so renewed shall have etfect, and be entitled to priority,
according to the tinie of the original issue thereof.

381. The, production of a writ' of execution, or of the notice
renewina the same, purporting to be marked as in the lst section
mentioned, showing the sanie to have been renewed, shall be
sufficient evidence of its having been so renewed.

* As amended by No. 50 of 1911.

b 1 d in the last section





382. Upon any judgment for the recovery or payment of a sum of
money and costs, there may be, at the election of the party entitled
thereto, either one writ or separate writs of execution for the
recovery of the sum and for the recovery of the costs, but a second
writ shall only be for costs.

383. If there are cross-judgments between the same parties for
the payment of money, execution shall be taken out by that party
onIy who has obtained a judgment for the larger sum and for so
much only as may remain after dedueting the smaller sum, and
satisfaction for the smaller sum shall be entered on the judgment
for the larger sum as well as satisfaction on the judgment for the
smaller sum, and, if both sunis are equal, satisfaction shall
be entered on both judgments.

384. In every case of execution the party entitled to execution
may levy the costs, fees, and expenses of execution over and above
the sum recovered.

385. All questions relating to the amount of any uiesne profits
which by the terms of the Judgment may bave been reserved for
adjustment in the execution of the judgment or of any mesne profits
or interest which may be payable in respeci of the subject-matter
of the action between the date of the institution of the action and
the execution ol the Judgment, as well as all questions relating to
sums alleged to have been paid in satisfaction of the Judgment or
the like, and all other questions arising between the parties to the
action in which the judgment was given, and relating to the exe-
cution of the judgment, shall be determined by order of the Court.

Immediate Executlioli.
386.-(1) The Court may, at the tline of giving Judginent, on the
verbal application of the party in w-hose favour the judgment is
given, order immediate execution thereof ivithout the issue of a writ
of execution, except as to so much as relates to the costs, and that
the judgment shall be executed as to the costs as soon as the
amount thereof has been ascertained by taxation.

(2) The order for immediate execution shall be in writing and
shall be sufficient authority to the bailiff to proceed at once to exe-
cution of the judgment by seizure of the person of the party against

As amended by No. 86 of 1911.





whom judgment is given; provided that the party oblaining the
order shall, as soon thereafter as practicable, comply with the
requirements of the following section : Provided further that
if the party against whom the order has been made satisfies the
Judge that he has sufficient means and intends to satisfy the
judgment, the Judge may discharge the order for immediate
execution.

Application for Execution in Ordinary Cases.
387.-(1) Subject to the provisions of the last section, when any
party who has obtained a judgment is desirous of enforcing the
sarne, lie shall file in the Court a preceipe for a writ of execution
(2) The prraipe shall contain the title of the action, the reference
to the record, the date of the judgment and of the order, if any
directing the execution to be issued, and the narnes of the parties
against whom, or of the firm against whose property, tbe execution
is to be issued; and shall be signed by or in the name of
the solicitor of the party issuing it or by the party issning, it, if he
does so in person.

388. The Registrar, on receiving any application for execution
containing the particulars, hereinbefore mentioned, shall make a
note of the application and of the date on which it is made.
Is. .389, rep. So. 36 of 191L1

Application for Leave to issue Execidlion.
390.-(1) In the following cases, namely,---
(a) where 6 years have elapsed since the jadgment, or any
change has taken place by death or otherwise in the parties entitled
or liable to execution ;
(b) where a husband is entitled or liable to execution upon
a judgment for or against his wife;
(c) where a party is entitled to execution upon a judgment of
assets in futuro ; and
(d) where a party is entitled to execution upon a against any of
the shareholders of a joint stock company upon a judgment recorded
against a public officer or other person representing such company,
the party alleging himself to be entitled to execution may apply to
the Court for leave to issue execution accordingly.

* As ainended by No. 50 of 1911.





(2) The Court shall thereupon issue a notice to the person against
whom execution is applied for, requiring him to show cause, within
a limited period to be fixed by the Court, why the judgment should
not be executed against him : Provided that no such notice shall be
necessary in consequence of an interval of more than 6 years having
elapsed since the judgment, if the application is made within one
year from the date of the last order obtained on any previous ap-
plication for execution : Provided, also, that no such notice shall
be necessary in consesequence of the application being against the
legal representative of an original party, if, on a previous application
for execution against the same person, the Court has ordered execu-
tion to issue against him.

(3) When such notice is issued, if the person to whom it is issued
does not appear, or does not sliovi sufficient cause, to the satisfaction
ol the Court, m-by the judgment should not be forthwith executed,
the Court may if it is satisfied that the party applying is entitled
to execution, order the the judgment to be executed accordingly. If
the person to whom the notice is issued appears and offers ally
objection to the execution of the judgment, the Court shall make
such order as in the circumstances of the case may seem just.

396-(1)If a, judgment has been given jointly in favour of more
persons tban one, any one or more of such persons, or his or their
representatives, may apply to the Court for leave to issue execution
on the whole judgment for the benefit of them all, or, where any of
them has died, for the benefit of the survivors and of the representa-
tive in interest of the deceased person.

(12) If the Court grants such leave, it shall make such order as it
may think fit for protecting the interests of the persons who have
not joined in the application.

Stay of Execution.
392. No proceeding by audita quereld shall hereafter be used; but
any judgment delStor may apply to the Court for a stay of execution
or other relief against such indunient, on the ground of facts which
have arisen too late to be pleaded; and the Court may give such
relief and on such terms as may be just.

393. Whenever an action is pending in the Court against a party,
who has obtained a previous judgment of the Court, by -the person
against whom the judgment was given, the Court may, if it appears





just and reasonable to do so, stay execution of the Judgment, either
absolutely or on such terms as may just, until judgment has
been given in the pending action.


Issue of Execution.
394.-(1) On the application of the person wbo has obtained any
judgment, the Registrar shall, subject to the provisions of this Code,
issue the proper writ for the execution of the judgment.

(2) Every writ of execution shall bear date of the day on which it
is issued.

395. All writs oi execution shall be issued in the order of applica-
tion for the same, unles the Court otherwise directs.

Execution of Judgnient for lininovable Property.
396.-(1) If, in the execution of a judgnient for immovable pro-
perty, the bailiff is resisted or obstructed by any person, the person
who has obtained the judgment may apply to the Court at any time
within one month from the time of such resistance or obstruction.

(2) The Court shall thereupon fix a day for investigating the com-
plaint, and shall summon the person against whom the complaint is
made to answer the same.

(3) If on the investigation it appears to the Court that the
resistance or obstruction was occasioned by the Judgment debtor or
by some person at his instigation, on the ground that the property
is not included in the judgment or on any other ground, the Court
shall inquire into the matter of the complaint, and shall make such
order as in the circumstances of the case may seem just.

(4) If on the investigation the Court is satisfierd that the re-
sistance or obstruction complained of was without any just cause,
and that the person who has obtained the judgmentt is still resisted
or obstructed in obtaining effectual possession of the property ad-
judged to him by the judgment, by the jundgment debtor or by some
person at his instigation, the Court may, at the instance of the
person who has obtained the judgment and witbout prejudice to any
proceedings to which the judgment debtor or such other person ma
be liable for such resistance or obstruction, commit the judgment
debtor or such other person to prison for such period, not exceeding
30 days. as may be necessary to prevent the continuance of such
resistance or obstruction.





(5) If on the investigation it appears to the Court that the
resistance or obstruction complained of was occasioned by any per-
son, other than the judgment debtor, claiming bond fide to be in
possession of the property on his own account or on account of some
person other than the judgment debtor, the claim shall be numbered
and registered as an action between the person who has obtained th,
judgment as plaintiff and the claimant as defendant; and the Court
shall, without prejudice to any proceedings to which the claimant
may be liable for such resistance or obstruction, prceed to investi-
gate the clairn in the saine manner and with the like powers as if
an action For the properh, had been brought by the person who has
obtained the judgirtent against the claimant, and shall make such
order for staying execution ol the judgment, or for executing the
saine, as in the circumstances of the case may seem fit.

397. If any person other than the judgment debtor is dis-
possessed of any immovable property in execution of a ludgment,
and such person disputes the right of the person who has obtained
the Judgment to dispossess him of such property under the judg-
ment on the ground that the property was bond. fide in his
possession on his own account or on account of soine person other
than the defendant, and that it, is not included in the judgment or,
if it is included in the judgment, that he was not a party to the
action in which the judgment was given, he may apply to the Court
within one month from the date of such dispossession.

(2) If, after such investigation of the facts of the case as it may
think proper, it appears to the Court that there is probable cause.
for making the application, the application shall be numbered and
registered as an action between the applicant as plaintiff and the
person who has obtained the judgment as defendant, and the Court
shall proceed to investigate the matter in dispute in the Gaine
manner and with the like powers as if an action for the property
had been brought by the applicant against the person who has ob-
tained the judgment.

398. The decision of the Court under the provisions contained in
either of the last two sections shall be given in a summary. manner
and shall be of the sarne force and effect as a. judgment in an
ordinary action; and no fresh action shall be entertained between
the same parties or persons claiming under theni in respect of -the
same cause of action.
* As amended by No. 50 of 1911.





Execution of Judgment for Money by Attachment
of Property other than Debts.
399. If the judgment is for money, and the amount thereof is to
be levied from the property of the judgment debtor, the Court shall
cause the property to be attached in the manner hereinafter pre-
scribed.

400.-(1) Where the property consists Of movable property in
the possession of the judgment. debtor, the attachment shall
be made by actual seizure, and the bailiff shall keep the same in
his custody and shall be responsible for the due custody thereof.

(2) Where the property consist of movable property to which
the judgment debtor is entitled subject to a lien or right of some
other person to the immediate possession thereof, the attachment
shall be made by a written order prohibiting the person in posses-
sion from giving over the property to the judgment debtor or to
any other person.

401. -Where the property consists of immovable property or any
interest therein, either at law or in equity, the affiteliment shall be
made by a written order prohibiting the judgment debtor from
alienating the property by sale, gift, or in any other way, and all
other persons from receiving the same by purchase, gift, or in any
other way.

492. Where the property consists of shares in any public com-
pany or corporation, the attachment shall be made by a written
order prohibiting the person in whose name the shares are standing
from making any transfer oI the shares or receiving payment of any
dividends thereon, and the manager, secretary, or other proper
officer of the company or corporation from permitting any such
transfer or making any such payment, until the further order of the
Court.

403. Where the property consists of a negotiable instrument, the
attachment shall be made by actual seizure, and the bailiff shall
bring the same into Court, and such instrument shall be held
subject to the further order of the Court.

404. Property in the custody or under the control of any public
officer in his official capacity shall be liable to attachment with the
consent in writing of the Attorney General, and in such case the
order of attachment shall be served on such public officer.





405. Property in custodid legis shall be liable to attachment by
leave of the Court, and in such case the order of attachment shall be
served on the Registrar.

406.-(1)In the case of niovable property not in the possession
of the judgment debtor, an office copy of the prohibitory order shall
be delivered to or served on the person in possession of the
property.
(2) In the case of immovable property or any interest therein,
an office copy of the prohibitory order shall be delivered to or
served on the defendant, and, if such property or interest is
registered in the Land Office, shall be registered in the Land Office
under the Land Registration Ordinance, 1844.
(3) In the case of shares in any public company or corporation,
an office copy of the prohibitory order shall, be delivered to or served
on the manager, secretary, or other proper officer of the company
or corporation.

407. After an attachment has been inade by actual seizure or by
prohibitory order as aforesaid, and, in the case of an attachment
by prohibitory order, after it has been duly intimated and inade
known in manner aforesaid, any alienation without leave of the
Court of the property attached, whether by sale, gift, or in any
other way, and any transfer or payment of the shares or dividends
to the judgment debtor or any other person, during the continu-
ance of.the attachment, shall be null and void.

408. In any case of attachment of property other than debts, the
Court may, at any time during the attachnient, direct that any part
of the property so attached which consists of money or bank notes,
or a sufficient part thereof, shall be paid over to the party applying
for execution of the judgment, and that any part of the property so
attached which does not consist of money or bank notes shall, so
far as may be necessary for the satisfaction of the Judgment, be
sold, and that the nioney which may bc realized by such sale, or
a sufficient part thereof, shall be paid to such party.

409.-(1) Where the property attached consists of immovable
property, the Court may appoint a manager of such property, with
power to collect the rents or other profits and receipts of such
property, and to execute such deeds or other instruments in writ-
ing as may be necessary for the purpose, and to pay and apply such





rents, profits, and receipts towards the payment of the aillount of
the judgment and costs.
(2) In any case in which a manager is appointed uilder this sec-
tion, such manager shall be bound to render from time to tinie due
and proper accounts of his receipts and disbursements, as the Court
may direct.

410.-(1) Where the property attached consists ol immovable
property, if the judgment. debtor satisfies the Court that there is
reasonable ground to believe that the amount of the judgment may
be raised by the mortgage of the property, or by letting it on lease,
or by disposing by private sale of a portion of it or of any
other property belonging to the judgment debtor, the Court ma
on the application of the judgment debtor, postpone the sale of the
property for such period as it may think fit, in order to enable the
judgment debtor to raise the amount.
(2) If the judgment debtor is absent from the Colony, and it
appears, to the satisfaction of the Court, that the sale of any of his
property which has been attached, consisting of immovable pro-
perty or any interest therein, is objectionable, and that satisfaction
of the Judgment may be made within a reasonable period by
a temporary alienation of such property, the Court may, of its own
motion, instead of proceeding to a sale of such property, order that
provision be made for the satisfaction of the judg ent by mortgage

of such property, and may authorise the Registrar, if necessary, to
execute the mortgage deed in lieu of the judginent debtor and any
other necessary parties, and may make such orders in relation to
such mortgage as may be requisite to carry out this provision ; and
the execution of such mortgage deed by the Registrar shall have
the same effect as the execution thereof by the judgment debtor and
any other necessary parties.

411. If in any case the amount of the Judgment, with all costs,
charges, and expenses m~urred by the attachment, is paid
into Court, or if satisfaction of the judgment is otherwise made,
the attachment shall be withdrawn ; and such steps shall be taken
as may be necessary for staying further proceedings in execution
of the judgment.

.Execution of Judgment for Money by Attachment of Debts.
412.-(1) The Court may, on the ex parte application of any per-
son who has obtained a judgment for money, either before or after





any oral examination of the judgment debtor, and upon an
affidavit by himself or his solicitor stating tfiat judgment has been
recovered, and that it is still unsatisfied, and to what amount, and
that a ny other person is indebted to the judgment debtor and is
within the jurisdiction, order that all debts due or accruing from
such third person (hereafter in this Chapter called the garnishee)
to the Judginent debtor shall be attached to answer the judgment.
(2) By a subsequent order it illay be, ordered that the garnishee
shall appear before the Court to show cause why he should not pay
to the person who has obtained the judginent the debt due or
accruing froni hini to the Judgment debtor or so much thereof as
may be sufficient to satisfy the Judgment.

413. Service of an order that debts due or accruing to a judgment
debtor shall be attached, or notice thereol to the garnishee, in such
manner as the Court may direct, shall bind such debts in the hands
of the garnishee.

414.-(1) On such service or notice, the garnishee may forth-
with pay into Court the aniount due from him to the judgment
debtor or an ainount equal to the judgment.
(2) On such paynient being made, the Court may make such
order as it may think proper for the disposal of the amoount paid
into Court.

415. If the garnishee does not forthwith pay into Court the
amount due from hini. to the Judgnient debtor, or an amount equal
to the judgment, and does not dispute the debt due-or claimed to be
due from him to such debtor, or if he does not appear upon sum-
inons, the Court may order execution to issue, and it may issue
accordingly, without any previous writ or process, to levy. the
aniount due froni the garnishee or so inuch thereof as may
be sufficient to satisfy the judgment.

416. If the garnisbee disputes Ins liability, the Court, instead of
maikina an order that execution shall issue, may order that any
issue or question necessary for deternilining his liability shall be
tried or determined in any manner in which any issue or question
in an action may be tried or determined.
417.-(1) Where, in any proceeding to obtain an attachment of
a debt, it is suggested by the garnishee that the debt sought to be
attached belongs to some third person, or that some third person
* As amended by No. 50 of 1911.





has a lien or charge upon it, the Court may order such third
person to appear and state the nature and particulaxs of his claim
upon such debt.
(2) After hearing the allegations of any third person under such
order, and of any other person whom, 'by the sanie or any sub-
sequent order, the Court may order to appear, or in case of such
third person not appearing when. ordered, the Court may order
execution to issue to levy the amount due from the garnishee or so
much thereof as may be stifficient to satisfy the judgment, or any
issue or question to be tried or determined according to the last
section, and may bar the claim of such third person or niake such
other order as the Court may think fit, on such terms, in all cases,
with respect to the lien or charge, if any, of stich third person, and
to costs, as the Court may think just.

418. Payment made by or excention levied upon the garnishee
under any such proceeding as aforesaid shall be a valid discharge to
him as against the Judgment debtor as to the amount paid or levied,
although such proceeding inay be set aside or the judgment reversed.

419. In any case of attachinent of debts the Com.t may direct that
the debts so attached shall, so far as may be necessary to satisfy the
judgment, be sold, and that the money which inav be realized by
such sale, or a sufficient part thereof, shall be paid to the judgment
creditor.

420.-(1)In any case of attachment of debts the Court may
appoint a manager of such debts, with power to sue for such debts
and to execute siich deeds or other instutinients in writing as may
be necessary for the purpose, and to pay and apply the proceeds of
such debts towards the payment of the ainotint of the judl-ment and
costs.
(2) In any case in which a manager is appointed under this
section, such manager shall be botind to render from time to time
due and proper accounts of his receipts and distairsements, as the
Court may direct.

421. There shall be kept by the Registrar a Debt Attachment
Book, and in such book entries shall be made of the attachment and
proceedings thereon, with nanies, dates, and statements of the
amount recovered, and otherwise; and copies of any entries made
therein may be taken by any person, on application to the Registrar
and on payment of the prescribed fee.





422. The costs of any application for an attachment of debts, and
of any proceedings arising from or incidental to such applicatior,
shall be in the discretion of the Court.

Claim Ao Attached Propedy.
421-(1) In the event of any claim being preferred to, or objec-
tion offered against the sale of, any movable or immovable property
which has been attached in execution of a judament or under any
order for attachment made before judgment, as not liable to be sold
in execution of the judgment, the Court sha.11, subject to the proviso
hereinafter contained, proceed to investigate the same, with the like
powers as if the clainialit had been originally made a defendant to
the action.

(2) If on the investigation it appears to the Court that the pro-
perty was not in the possession of the debtor or of some
person in trust for him, or in the occupancy of some person paying
rent, to him, at the tune when the property was attached, or that,
being in the ppssession of the judgment debtor at such tirne, it was
so in his possession not on his own account or as his own property,
but on account of or in trust for sonie other person, the Court shall
make an order for releasing the property from attachment.
(3) If on the investigation it appears to the Court that the pro-
perty was in the possession of the judgment debtor on his own
account or as his own property and not on account of or in trust
for any other person, or was in the possession of some person in
trust for hini, or in the occupancy of sonie perscn paying rent to
him, at the time wben the property was attached, the Court shall
disallow the claim. The party against whoin such order of dis-
allowance is made shall be at liberty to bring an action to establish
his right at any time within 3 months from the date of the order.

(4) Any such claim or objection shall be niade at the earliest
opportunity, by rintice in writing filed in the RegiAry and supported
by affidavit, and if the property to which the claim or objection
applies has been advertised for sale, the sale may (if it appears
necessary) be postponed for the purpose of making the investigation :
Provided that no such investigation shall be made if it appears that
the making of the claim or objection was designedly and unneces-
sarily delayed, with a view to obstruct the ends of justice, and in
such case the claimant shall be left to prosecute his claim, if he
thinks fit, by an action in the ordinary way.





424. Where movable property has been taken in execution under
the process of the Court, and any claimant alleges that he is entitled,
under a bill of sale or otherwise, to the property by way of security
for debt, the Court may order the sale of the whole or a part thereof,
and direct the application of the proceeds of the sale lit such manner
and upon such terms as may be just.

425.-(1) Where a claim is made to or in respect of any movable
property taken in execution tinder the Process of the Court it shall
be in writing, and on the receipt of the claim the bailiff shall forth-
with give notice thereof to the execution creditor, and tile, execution
creditor shall, within 4 days after receiving the notice, give notice to
the bailiff that he admits or disputes the claim.

(2) If the execution creditor admits the claim, and gives notice
as directed by this section, he shall only be liable to the bailiff for
any fees and expenses incurred prior to the receipt of the notice
admitting the claim.

426. When the execution creditor has given itotlice to the bailiff
that he admits the claim, the bailiff may thereupon withdraw
from possession of the property claimed, and for an order
protecting him from any action in respect of the seizure and pos-
session of the property, and the Court may make any such order
as may be just and reasonable in respect of the same : Provided
that the claimant shall receive notice of such intended application,
and, if he desires it, may attend the hearing of the same, and if lie
attends, the Court may, in and for the purposes of such application,
make all such orders as to costs as may be Just and reasonable.

Sale of Property in Execution of Judgnient.
427. Every sale in execution of a Judgment shall be made under
the direction of the Registrar, and shall be conducted according to
such orders, if any, as the Court may ntake on the application of
any party concerned, and shall be made by public auction : Pro-
vided that the Court may in any case authorise the. sale to be made
in such other manner as it may deem advisable.

428. At any time within 10 days from the date of sale of
any immovable property in execution of a udgment, application
may be made to the Court to set aside the sale on the ground of any
material irregularity in the conduct of the sale, but no such sale





shall be set aside on the ground of such irregularity unless the
applicant proves, to the satisfaction of the Court, that lie has
sustained substantial injury by reason of such irregularity,.

429.-(1) If no such application is made, the sale shall be
deemed absolute.
(2) If such application is made and the objection is disallowed, the
Court shall make an order confirming the sale.

(3) If such application is made and the objection is allowed, the
Court shall make an order setting aside the sale for irregularity.

430. Whenever a sale of immovable property is set aside for ir-
regularity, the Purchaser shall be entitled to receive back any
money deposited or paid by him on account of such sale, with or
without interest, to be paid by such parties and in such manner as
it may appear proper to the Court to direct.

431-(1) After a, sale of immovable property has become
absolute in rnanner aforesaid, the Court shall urant a certificate to
the person who has been declared the purchaser at such sale to
the effect that he has purchased the right, title, and interes of the
judgment debtor in the property sold.

(2) Such certificate shall be liable to the same stamp duty as
an assignment of the same property, and, when. duly stamped as
aforesaid, shall be taken and deemed to be a valid transfer of such
right, title, and interest, and may be registered in the Land Office
4. under the Land Registration Ordinance, 1844.

432.-(1) Where the property sold consists of immovable pro-
perty in the occupancy of the judgment debtor, or of some person
on his behalf, or of some person chinning under a title created by
the judgment debtor subsequently to the attachment of the pro-
perty, the Court shall, on the application of the purchaser, order
delivery oF the property to be made by putting the party to whom
the property has been sold, or any person whoin be may appoint to
receive delivery on his behalf, in possession thereof, and, if neces-
sary, by removing any person who may refuse to vacate the same.

(2) Where the property sold consists of immovable property in
the occupancy of any other person entitled to occupy the same, the
'Court shall, on the application of the purchaser, order delivery
thereof to be made by affixing a copy of the certificate of sale in
some conspicuous place on the property or at the Court House.





433.-(1) If the purchaser of any immovable property sold in
execution of a judgment is, notwithstanding the order of the Court,
resisted or obstructed in obtaining possession of the property, the
provisions of this Chapter relating to resistance or obstruction to the
execution of a judgment for immovable property shall be applicable
in the case of such resistance or obstruction.

(2) If it appears that the resistance or obstruction to the delivery
of possession was occasioned by any person other than the judgment
debtor claiming a right to the possession of the property sold as
proprietor, mortgagee, lessee, or undex any other title, Or it, in the
delivery of possession to the purchaser, any such person claiming as
aforesaid is dispossessed, the Court, on the complaint of the
purchaser or of such person clairning as aforesaid, if made within
one month from the date of such resistance or obstruction or of such
dispossession, as the case may be, shall inquire into the matter of
the complaint and make such order as may be proper in the
circumstances of the case.

(3) The person against whom any such order is ruade shall be at
liberty to bring an action to establIsh his right at any time within
3 months from the date of the order.

434.-(1) Where the property sold consists of movable property
in the possession of the judgment debtor, or to the immediate
possession of which the judgment debtor is entitled, and of which
actual seizure has been made, the property shall be delivered to the
purchaser.
(2) Where the property' sold consists of inovable property to
which the judgment debtor is entitled subject to a lien or right of
any person to the immediate possession thereol, the delivery to
the purchaser shall, as far as practicable, be made by the ballifl
giving notice to the person in possession prohibiting him from
delivering possession of the property to any person except the pur-
chaser.

435. Where the property sold consists of debts, not being
negotiable instruments, or of shares in any public company or
corporation, the Court shall, on the application of the purchaser,
make an order prohibiting the judgment debtor from receiving the
debts and his debtor from making payment thereof to any person
except the purchaser, or prohibiting the person in whose name the
sharesare standing from making any transfer of the shares to any





person except the purchaser, or receiving payment of any dividends
thereori, and the manarfer, secretary, or other proper officer. of the
company or corporation from permitting any such transfer or
making any such payment to any person except the purchaser.

436. Where the property sold consists of a negotiable instrument
of which actual seizure has been made, the same shall be delivered
to the purchaser.

437.-(1) If the execution of a transfer by any person in whose
name any share in a public conipany or corporation is standing, or
the indorsement by person of ativ negotiable instrument, or the
execution by any person of any deed or other instrument relating
to immovable property or any interest therein, is lawfully required
to give effect to any sale in exe cution of a judgment, the Registrar,
with the sanction of the Court, may-
(a) execute such transfer ; or
(b) indorse such negotiable instrument ; or
(c) execute such deed or other instrument.

(2) The execution of such transfier, the indorsement of such
negotiable instrument, Lmel the execution of such deed or other
instruniciA by the Exegistrar shall have the same effect as the exe-
cution and the indorsement by the person whose execucion or in-
dorsenient is so required as aforesaid.

(3) Until the execution of such transfer or the indorsement of
such negotiable instrument, the Court may, by order, appoint some
person to receive any dividend or interest due in respect of any such
share or negotiable instrument.

Execution of judgment for Money by Imprisonment.

438. No person shall be imprisoned in execution of a Judgment
for a longer period tban one year, or for a longer period than
6 nionths if the Judgment is for the payment of nioney not exceed-
ing 500 dollars, or for a longer period than 3 months if the judg-
nient is for the payinei-it of money not exceeding 100 dollars.

439. When a judgment debtor is committed to prison in execution

of the judgment, the Court shall fix whatever monthly allowance it
may think sufficient for his subsistence, not exceeding 25 cents

* As aniended by No. 2 of 1912.





per diem, which shall be paid by the person at Whose instance the
judgment has been executed to the Superintendent of the gaol by
monthly payments in advance, before the first day of each month,
the first payment made to be for such portion of the current month
as may remain unexpired before the judgment debtor is committed
to prison.

440-(1) In case of the serious illness of any person imprisoned
in execution of a judgment, it shall be lawful for the Court, on the
certificate of the surgeon of the gaol, in which he is confined or of
the chief medical officer of the Government, to make an order for
the removal of the judgment debtor to the Government Civil
Hospital, and for his treatment there under custody until further
order.

(2) In any such case the period of the judgnient debtor's stay in

hospital shall be counted as part of his term of imprisonment, and
his subsistence money shall be paid as if no such order had been
made.

441. Every person imprisoned in execution of a judgment shall
be released at any time on the judgment being fully satisfied, or at

the request of the person at whose instance the judgnient has been

executed, or on such person omitting to pay his subsistence money.

442. All suins paid by a plaintiff for the subsistence of a person
imprisoned in execution of a judgment shall be added to tlie costs of
the judgment, and shall be recoverable by the attachment and sale
of the property of the judgment debtor; but the judgment debtor
shall not be detained in custody or arrested ort account of any sum
so paid.

443.-(1) Any person imprisoned in execution of a judgment
may at any time make written application to the Court for his dis-
charge.
(2) The application shall contain a full account of all property of
whatever nature belonging to the applicant, whether in expectancy
or in possession, and whether held exclusively bY himself, or jointly
with others, or by others in trust for him (except the necessary
wearing apparel of himself and his family and the necessary im-
Plements of his trade), and of the places respectively where such
property is to be found; and the application shall be signed by the

* As timended by No. 38 of 1911.





applicant and verified by affidavit, and shall be forwarded by the
applicant's solicitor, or, if he have no solicitor, by the Superinten-
dent of the gaol, to the Registrar.
(3) On the application being received, the Registrar shall forth-
with bring it to the notice of the Court, and the Court shall cause
the judgment creditor to be furnished with a copy thereof,
and shall fix a reasonable period within which the judgment creditor
may cause the whole or any part of such property to be attached
and sold, or may signify his intention of appearing and opposing
the application and make proof that the judgment debtor's inability
to satisfy the Judgment is attributable to unjustifiable, extrava-
gance in living or that the Judgment debtor, for the purpose of
procuring his discharge without satisfying the judgment, has
wilfully concealed property or his right or interest therein, or
fraudulently transferred or removed property, or committed any
other act of bad faith.

Provided always that the judgment creditor shall not be allowed
to appear and oppose the application unless, within the period fixed
as aforesaid, he shall have signified in writing to the Registrar his
intention of so appearing and opposing the application.
(4) If, after such investigation as it may think proper on the
application, the Court is of opinion that the judgment debtor should
be set at liberty, or if the judgment creditor shall not have signified
his intention as aforesaid, it shall order the release of the judgment
debtor, but otherwise the Court shall retain the judgment debtor
in prison, unless he has already been in prison on account ol. the
judgment for the full term for which he is liable to imprisonment.

444. When any person imprisoned in execution of a judgment
has been once discharged he shall not again be imprisoned on

account of the same judgment, btit his property shall continue
liable, under the ordinary rules, to attachment and sale until the
judgment is fully satisfied.

Cominittal for disobedience to Judginent.
445.-(1) Where any person is guilty of wilful disobedience to a
judgment, the person who has obtained the judgment shall be
entitled to apply to the Court for an order directed to the person
who has disobeyed the judgment to show cause why he should not
be punished for the disobedience.





(2) The Court, unless it sees good reason to the contrary, shall,
on such application, make an order accordingly.
(3) The Court shall not grant,the order except on evidence upon
oath or by affidavit establishing such a case as, if uncontradicted
and unexplained, would justify the immediate committal of the
person disobeying the Judgment.

446. An office copy of the order and of the deposition or affidavit
upon which the order was granted shall be served on the person to
whom the order is directed.

447. On the return-day of the order, if the person to whom it is
directed does not attend and does not establish a sufficient excuse
for not attending, and if -the Coint is satisfied that the order has
been'duly served, or if' such person attends and does not show cause,
to the satisfaction of the Court, why he should not be punished
for the disobedience, the Court may issue a warrant for his com-
mittal to prison.

418. The Court may enlarge the time for the return to the order,
or may, on the return of it and under circurn stances which would
strictly justify the immediate commiltal of the person guilty of the
disobedience, direct that the warrant for his connitittal to prison
shall issue only after a certain time and in the event of his continued
disobedience at that time to the Judginent in respect of which lie
has been guilty of disobedience.

449. A person committed for disobedience to a judgment shall
be liable to be detained in custody until be has obeyed the judgment
in all things which are to be immediately performed, and given
such security as the Court may think fit to obey the other parts of
the judgn-ient, if any, at the future tlines therebly appointed, or, in
case of his no longer havin- the power to obey the judgment, then
until he has been imprisoned for such tinte or until he has paid such
fine as the Court may direct.

450. If a mandainus, granted in an action or otherwise, or
a mandatory order, injunction, or Judgment foi, Ifle specific perform-
ance of any contract is not complied with, the Court, besides or
instead of proceedings against the disobedient party for contempt,
may direct that the act required to be done may be done, so far as
practicable, by the party by whom the mandamus, order, injunction,
or judgment has been obtained, or by soine other person appointed





by the Court, at the cost oi the disobedient party, and, upon the act
being done, the expenses. incurred may be ascertained in such man-
ner as the Court may direct, and execution may issue for the
amount so ascertained, and costs.

451. Any judgment against a corporation which is wilfully dis-
obeyed may, by leave ef the Court, be enforced by sequestration
against the corporate property, or by committal ol' the directors cr
other officers thereof, or by writ o' sequestration analnst their
property.

PART II.

SPECIAL ACTIONS AND PROCEEDINGS.
CHAPTER XVIT.
FORFIGN ATTACH-MENT.
452. Proceedings by foreign attachment inay be taken in the
manner hereinafter prescribed in any action, provided that the cause
of action arose within the hirisdiction.

453.--(1) On the filing in Court by the plaintiff in any such action
of an affidavit to the following effect
(a) that the cause of action arose within the jurisdiction;
(b) that the plaintiff has taken out a writ of summonsagainst the
defendant, but that the defendant is absent from the Colony or that
there is probable cause to believe that the. defendant is concealing
himself to evade proceedings; and
(c) that the defendant is beneficiaily entitled to movable property
within the jurisdiction in the custody or under the control of any
other person within the Jurisdiction, or that such other person
(hereafter in this Chapter called the garnishee) is indebted to the
defendant, or that the defendant is beneficially entitled to immovable
property, or to any interest thereffl, within the lurisdiction,
and on-the giving of the bond hereinafter mentioned, the Registrar
mav issue a -writ of general attachruent against all the property,
movable and immovable, of the defendant within the jurisdiction.
(2) The writ shall be called a writ of foreign attachment, and

shall be made returnable not less than 14 days after the date thereof,
except by special leave of the Count.

+ As, amended by _No. 50 of 1911.





454. Absence from the Colony shall, for the purpose of proceedings
by foreign attachment, be taken to be absence for the time being,
,whether the defendant has ever been within the Colony or not.

455.-(1) Before the writ shall issue the plaintiff or some person
on his behalf shall enter into a bond, with one or more sufficient
sureties to be approved by the Registrar, in a penal sum equal to
twice the amount of the claini or in any less slim by special leave of
the Court, the condition of which said bond shal 1. be that in case the
defendant shall, at any time within the period hereinafter limited ill
ffiat behalf, cause the writ to be set aside, or any judgment which
may be given in the action to be reversed or varied, the plain-
till will pay to the defendant all such sums, ol money, damages,
costs, and charges as the Court may order and award on account of
or in relation to the action and the attachment, or either of them
Provided that the Court shall not award a larger amount of damages
than it is competent to award in an action for dan-lages, and such
award shall bar any action for damages in respect of the action and
attachment.
(2) The bond shall be in such form and given to such persoll as
the Court may, from tinie to time or in any particular case, approve
and direct, and shall be entered into before the Registrar and de-
posited in the Registry.
456.-(1) If in any case it is made to appear to the satisfaction
of the Court, by affidavit or otherwise, that tinder the circumstances
it is expedient that the writ should issue forthwith and before the.
bond has been entered into, the Court may order the writ to ISS11k,
accordingly, on such terms as it may think fit, and by the same
order shall limit the time, not exceeding 7 days from the date of the
issue of the writ, within which the bond must be entered into and
deposited as aforesaid.
(2) If default is made 'n complying with the requiremnets of the
order within the time thereby limited, the Court may dissolve the
writ, and thereupon may award damages and costs to the defendant
in the manner hereinbefore provided in the case of a writ being set
aside or a judgment in the action being reversed or varied.
457. Every writ against movable property shall be executed by
the bailiff.
458.-(1) Where two or more writs issue at the suit of different
plaintiffs, they shall take priority respectively according to the date
and time at which they reach the hands of the bailiff for execution.





(2) No such writ shall take priority over a writ of execution in an.
action pending at the dtte of such writ of foreign attachment.

(3) The bailiff shall indorse on every such writ the date, and thne
of the same coming to his hands for execution.

459. Property in the custody or under the control of ally public
officer in his official capacity sliall be liable to attachment with the
consent in writing of theand in Such case the
writ shall be served on such onficer.

460. Property in custodia shall be filable to attachment by
leave of the Court, and in sucli case the wril shall be served on the
Registrar.

461. From the tinic of the service on tbe garnishee of the writ, all
property whatsoever within the jurisdicaton, other than immovable
property or any interesttherein, to which the defendand mentioned
in the writ is then beneficially entitled, whether solely or jointly
with others, and which is in the custody or under the control of
the garnishee, and all debts then due or accruing from the garnishee
to the defendant, shall, to the extent of the defendant's interest
therein, and subject o Crown debts, and to any bona fide prior title
thereto or lien or charge thereon, and to the rights and powers of
prior incumbrancers, be attachedin th hands of the garnishee to
stisfy the claim of the plantiff.

462.-(1) Where the defendant is beneficially entitled to immov-
able property or to any interest therein. a rnei-norial containing a
copy of the writ shall be registered in the Land Office under the
Land Registration Ordinance, 1844.

(2) In case the writ is dissolved or the judl-inent in the- action is
satisfied, a certificate to that elYeet, under the band of the Registrar
and the seal of the Court, inay he registered in the Land.Office, and
thereupon the memorial shall be. deemed to have been cancelled.

[silb-sec. 3, rep.No36 of 1902]

463. From the tline of the rregistrationin the Land office of
the memorial of the writ, all Immovable pnoperly within the
jurisdiction, or any interest therein, to wiiJch the deferndant men-
tioned in the writ is then beneficially entitled, whether solely or
jointly with others, shall, to the extent of his interest therein, and
subject to Grown debts, and to any bond fide prior title thereto or





lien or charge thereon, and to the rights and powers of prior incum-
brancers, be attached to satisfy the claim of the plaintiff.

464. The Court may, at any time before judgment, on such
grounds as it may deein sufficient, order any property, other than
immovable property or any interest therein, attached under the writ U
to be sold in such inanner as it may direct and the net proceeds to
be paid into Court.

1 465. Any garnishee who the leave or order of the Court,
at any tline after the service of the writ and before'the writ is dis-
solved,-

(1) knowingly and wilfully parts with the custody or control of
any property attached m his hands; or
(2) removes the same out of tlile Jurisdiction of the Court; or

(3) sells or otherwise disposes of the same ; or

(4) pays over any debt due by hirn to the defendant, excepting
only to or to the use of the plaintiff,
shall pay such da-inages to the plaintill as the Court inay award, and

shall further be deen ied guity of a contenipt of Coint and shall be
liable to be proceeded against and punixhed accordingly; Provided
that the Court shall not award a larger amount of dainages than it
is competent to award in an action for dainages, and such award
shall bar any action for daniages in respect of the act done by the
garnishee.

466. In any case where it is made to appear to the satisfaction of
the Registrar, by affidavit or otherwise, that there reasonable
cause to belleve that any property attached i's ia danger of being
renioved out of the jurlsdiction. or of being sold or otherwise
disposed of, the Registrar may, by an order in writing, direct the
baililly to seize such property and detain the same subject to the
order of the Court : arld the 'Dailitl shall thereupon seize and detain
such property accordingly.

467. Notice of the issue of the writ shall be inserted twice in the

Gazefte and twice in some localunless Ilic Court shall,
by reason of the dJendant having entered an appearance or on any
other ground, dispense with the publication of such notice.

468. In any case where the place of residence of the defendant
out of the jurisdiction is known, the Court may, if it, thinks fit, on





the application of the garnishee or of any friend or agent of the
defendant or of its own motion, and on such terms as it may deem
reasonable, order that notice of the writ be served on the defendant
out of the Jurisdiction, and that further proceedings be stayed until
the further order of the Court, but without prejudice to the attach-
inent under the writ.

469. After the, issue of the writ, (but subject to the provisions of
the last section), the plaintiff may forthwith file his statement of
claim, and, upon such day after the return of the writ as the Court
may appoint, may proceed to establish his clairli as in an ordinary
action in which there has been due service of the writ of summons
and leave has been obtained to proceed ex parte.

470.-(1) On the trial of the action, the Court shall proceed to
inquire and determine whether in fact the plaintiff's case is within
the provisions of this Chapter and whether the plaintiff has
established his claim, and shall pronounce judgment accordingly;
and if the plaintiff obtains judgment, the Court may, at the same
or any subsequent sitting, examine or permit the plaintiff to
examine the garnishee or any other person, and determine what
property, movable or inimovable, is liable to attachment under the
writ.

(2) If the garnishee, either on such examination or by notice
in writing filed in the Registry at any tline after the attachment,
disputes the liability of the property to attachment, the Court may
order that any issue or question necessary for determining such
liability shall be tried and determined in any manner in which any
issue or question in an action may be tried and determined. On
such examination and.at such trial or determination, the garnishee
may be represented by counsel and solicitor.

(3) The Court may, at the instance of any person interested in
the inquiry or of its own motion, summon a ny person whom it may
think necessary and examine hin-i in relation to such property as
aforesaid, and may require the garnishee, as well as any person
summoned as aforesaid, to produce all deeds and documents in his
possession or power relating to such property.

(4) If the plaintiff obtains Judgment, the Court may, at the time

of pronouncing Judgment in favour of the piaintifY or at any sub-
sequent sitting, order that execution shall issue against all or any

* As amended by No. 50 of 1911.





part of the property attached which the Court may have declared to
be liable to satisfy the plaintiff's claim; and all the provisions of
this Code relating to execution of judgment in an ordinary action
shall apply to the execution so ordered.

(5) If the plaintiff fails to obtain Judgment, the Court shall there-
upon dissolve the writ.



471. Where there are two or more claimants to any goods laden
on board of any ship, and the ship is attached in an action against
the shipowner for the non-dellvery of the goods, the Court may stay
the proceedings on such terms as the Court may think proper, and
order the goods to be landed and warehoused in custoditi legis, with-
out prejudice to the inaster's lien thereon, and inay dissolve the
attachment against the ship and make such orders as may be
necessary for the determination ol the rights of the claimants, on
such terms as to security and other matters as may seem just.

472. Where there are two or more claimants to any property
attached under a writ, or to any interest therein, the Court may, in
its discretion, summon before it all the claimants, and may make
such orders for the ascertaining of their respective rights and for
the custody of the property in the meanwhile as it may think fit,
either under this Chapter or under the provisions of this Code
relating to claims to attached property or to interpleader proceedings.

473. The Court may stay proceedings in any action commenced
against a garnishee -under the provisions of this Chapter in respect
of property attached in his hands, on Such terms as may seem just.

474. The Court, at any time before judgment, on being satisfied
by affidavit or otherwise, that the defendant has a substantial
ground of defence, either wholly or in part, to the action on the
merits, may give leave to the defendant to defend the action, with-
out prejudice to the attachment under the writ.

475. The defendant may, at any time before any property attach-
ed in the action has been sold in satisfaction o' the plaintifUs claim,
apply to the Court, upon notice of motion, for an order to dissolve
the writ as to the whole or any part of the property attached, on
security being given to answer the plaintiff's claim, and the Court
may make such order, either absolutely or on such terms as may
seem just, and in the meanwhile may stay or postpone any sale.





476. The defendant may, at any time within 12 months from the

date of the udgment, notwithstanding that the property attached,
or any part thereof, inay have been sold in satisfaction of the plain-
tiff's claim, apply to the Court, upon notice ol motion, for an order
to set aside the judgment and for the re-trial of the action and for
leave to defend the same ; and if it appears to the Court that the
defendant had no notice or knowledge of the action and could not
reasonably have made an earlier application to the Court, and that
he had, at the time of the obtaining of the action ent, and still has,

a substantial ground of defence, either wholly or in part, to the
action on the merits, it shall be laawful for the Court to grant such

order on such terms as may seem just.

477. The dissolving of any writ, or the reverSal or setting aside of
any judgment given under this Chapter or of any subsequent pro-

ceedings, sliall not affect the title of any bond fide purebaser for
valuable consideration of any property sold in satisfaction of the
plaintiff's claim.

CHAPTER XVIII.
ACTION ACAl-~ST THE
4178. Any claim against the government of the same nature as
claims within the provisions of the Petlitions of Rlight Act, 1860,

may be prelerred in the Court in an action i-nstituted by the claimant
as plaintiff against the Attorney Geeneral as ddfendant.

479. In any such case it shall not be necessary for the plaintiff to
issue a writ of summon, but the action shall be conimenced by the
filines ol a stateinent. of claim and the service of a scaled copy thereof
on the Crown Solicitor.

480.-(1) On the ap -dication of the Crown Solicitor, the Registrar
shall deliver to him the original state-lnent oi claini for submission
to the Governor, whose consent shall be necessary to the con-
tinuance ol tile action. Such consent may be withheld upon such
grounds as would Justify the Attorney General of England in re-
fusing his fiat.
(2) If the Gmernor grants his consent as aloresaid, such consent
shall be indorsed on the statement of claini, which shall then be
returned by the Crown Solicitor to the Registrar.

As amended by No. 36 of 1911 and No. 1 of 1912. For procedure
in actions by the Governnient see No. 5 of 1910.
As amended by No. 36 of 1911.





(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 servid on the
defendant shall be'served on the Crown Solicitor.

482. Whenever in any such action judgment is give against the

Government, no exectition shall isstie tereon, but a copy of the
judgment, under the seal of the Court, shall be transmitted by the
Court to the Governor.

CHAPTER XIX.
ACTION BY OR AGAINST FIRM ETC.
483-(1) Any two or more persons claimming or being liable as
co-partners and carrying on businessthe jurisdiction may sue
or be stied in the narne of the respective firms,if any, of which such
perzons were co-partners at the tinie of the of the cause of
action.

(2) Any party to an action may in such case apply by summons to
the Coiirt for a statement of the names and addresses of the persons
who were, at the time of theof the catise of action, co-
partners in any such firm, to be furnished in such nianner, and
verified upon oath or otherwise, as the Court may direct.

484.-(1) Where a, writ is sued out by partners the name of
their firm, the plaintiffs or their solicitors sliall, on demand in writ-
ing by or on behalf of the defendant, frthwith declare in Writiner
the names and addresses ol all the persons constituting the firm on
whose behalf the action is brought.

(2) If the plaintliTs or their solicitors fall to comply with such
demand, all proceedings in the action i-nay, on an application for
that purpose, be stayed, on siich terms as the Cwirt ijlay direct.

(3) When the names of the partners are so declared, the action
shall proceed in the same rrivoiner, and the same consequences in
all respects shall follow, as if they had been nained as 'the plaintiffs
in the writ ; but all the proceedings shall rievertheless continue in-
the name of the firm.





485.-(1) Where persons are sued as partners in the name of
their firm, the writ shall be served either on any one or more of the
partners or at the principal place within the jurisdiction of the
business of the partnership on any person having at the time of
service the control or management of the partnership business there.

(2) Subject to the provisions of this Chapter, such service shall be
deemed good service on the firm so sued, whether any of the mem-
hers thereof are out of the jurisdiction or not, and no leave to issue
a writ against thein shall be necessary : Provided that, ill the case
of a co-partnership which has been dissolved to the knowledge of the
plaintiff, before the commencement of the action, the writ shall be
served on every person within the jurisdiction sought to be made
liable.

486.-(1) Where a writ is issued against a firm, and is served as,
directed by the last section, every person on whom It is served may
be informed by notice in writing,given at the titne of such service,
whether he is served as a partner, or as a person having the control
or management of the partnership, business, or in both characters.


(2) In default of such notice, the person served shall be deemed
to be served as a partner.

487. Where persons are, sued as partners in the name of theii
firm, they shall appear individually in their own names; but all
subsequent proceedinIgs shall nevertheless continue in the name of
the firm.

488. Where a writ is issued aga.inst a firm and I's served on 1
person having the cont-rol or inanagement of the partnership busi-
ness, no appearance by him shall be necessary, unless he is a
member of the firm sued.

489. Any person served as a partner may enter an appearance.
under protest, denying that he is a partner, but such appearance
shall not preclude the plaintiff from otherwise serving the firm, and
obtaining judgment against the firm in default of appearance, if no

partner has entered an appearance in the ordinary form.

490.-M Where judgment is given against a firm execution may
issue-

* As amended by No. 50 of 1911.





(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 affindged

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 adjudged

(2) If the party who has obtained jAginent to bc 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 disputer, or, if the
liability is disputed~ may order tbat the llabilit), ol such person be
tried and determined in any manner in which any isue or question
in an action may be tried and detemined.

(3) Excert as a-ainst any property of partnership, a judgment
against a firm shall not render liable, release, or otherwise affeel any
meniber thereof who was out fo the jurisdiction when the wruit was
issued, and who has not appeared to the writ, unless the weit has
been served on bim. out of the Jurisdiction with the Of the Court
or he has been served within the jurisdiction afte the writ was
issued.

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

(2) An pearance by any memberto in order shall be
a sufficient appearance by the firm.

492. The provisions of this Chapter shall apply to action be-
tween a firm and one or more of its member and to actions

between firms having one or more meinhers in common, Provided
such firm or firms carry on business within the jurisdictin, but
no execution shall be issued in any such action without the leave
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.





493. Any person carrying on business within the jurisdiction in
a name or style other than his own name may be sued in such
name or style as if it wore a firm name; and, so far as the nature
as the case will permit,all the provisions of this Chapter relating
to proceedings against firms shall apply.

CHAPTFR XX.
ACTION 13Y OR AGAINST PAUPER.
494.-(1) Any poor person, before commencing or defending
any action or other proceeding- in the Court in his own right or
becoming poor during the progress thereof, may apply to the
Court. by petition for leave to sue or defend as a pauper.

(2) The petition shall be supported by an affidavit of the
petitioner and two householders living in his neighbourhood or
other responsible persons that lie is not possessed of property to the
amount of 50 dollars in value, his wearing apparel and the subject-
matter of the action or proceeding only excepted.

495- The Court shall thereupon assign a counsel and
solicitor to consider the petitioner's case.

(2) The petitioner shall lay a case before counsel for his opinion
whether or not he has grounds for suing or defending.

496.-(1) No person shall be admitted to sue or defend as
a pauper unless the case laid before counsel for his opinion and his
opinion thereon, with an affidavit of the party, or his solicitor, that
the case contains a full and true statenient of all the material facts
to the best of his knowledge and belief, and with a certificate,
signed by counsel, that he has considered the case and believes the
petitioner to have a good cause of action or defence, as the case
may be, is produced before the Court.

(2) If these conditions are complied with, the Court may order
that the petitioner shall be admitted to sue or defend, as the case
may be, as a pauper.

497. Where a person is admitted to sue or defend as a pauper,
the Court may, if necessary, assign a counsel or solicitor, or both,
to assist him.





498.-(1) No fee shall be payable by a pauper to his counsel or
solicitor.

(2) A person admitted to sue or defend as a pauper shall not be
liable to any Court fee: Provided that if such person succeeds
and costs are adjudged to be paid by his opponent, then his counsel
and solicitor shall be entitled to and shall receive all such fees s
the Registrar may allow to theni on taxation, and such Court fees
as would in other cases be chargeable shall be charged and
recovered.

499. A counsel or solicitor assigned under this Chapter shall not
be at liberty to refuse his assistance unless he satisfies the Court
that he has some good reason for refusing.

500.-(1) While a person sues or defends as a pauper, no per-
son shall take, or agree to take, or seek to obtain from him any
fee, profit, or reward for the conduct of his business in the Court.
(2) Every person who takes, or agrees to take, or seeks to obtain

any such fee, profit, or reward shall be deemed guilty of a contempt
of Court, and shall be liable to be proceeded against and punished
accordingly.

501. If any person admitted to sue or defend as a pauper-
(1) Grives, or agrees to give, any such fee, profit, or reward ; or

(2) becomes of ability during the progress of the action or pro-
ceeding ; or
(3) misbehaves himself therein by any vexatious or improper
conduct or proceeding; or
(4) wilfully delays the action or proceeding,
lie shall be forthwith dispaupered, and shall not be afterwards ad-
mitted again in the same action or proceeding to sue or defend as a
pauper.

502..-0) No, motion-paper or notice of motion shall be filed or
summons issued, and no petition sliall be presented, on behalf of
any person admitted to sue or defend as a pauper, except for the
discharge of his solicitor, unless it is signed by his solicitor, if any.
(2) It shall be the duty of the solicitor assigned to a per-

son admitted to sue or defend as a pauper to take care that
no notice is seryed, or summons issued, or petition presented, with-
out good cause.





CHAPTER XXI.



ACTION F011 R1COVERY OF IMMOVABLE PROBERTY.

503. In an action for the recovery of immovable property, ser-
vice of the writ of summons may, in case of vacant possession,
when it cannot otherwise be effected, be made by posting a copy
oL' the writ upon the door oi the dwelling house or other conspl.
cuous part of the property.

504. The Attorney General ulay lawfully institute and prosecute
in his own name an action for recoverling unto the Grown
any immovable property claimed by the Crown and whereof the
Grown is not.in actual possession.

505. Any person not narned as a defendant in a writ of summons
for the recovery of immovable property inay, by leave of the
Court, appear and defend, on filing an affidavit showing that he is
in possession of the property either by himself or by his tenant.

506. Any person appearing to defend an action for the recovery
of lininiovable property as iandlord, in respect of property whereof
lie is in possession only by his tenant, shall state in his appearance
that he appears as landlord.

507. Where a person not named as defendant in a writ of
summons for the recovery of immovable property has obtained
leave of the Court to appear and defend, 'he shall enter an appear-
ance, according to the provisions of Chapter I, entitled in the ac-
tion against the party named in the writ as defendant, and shall
forthwith give notice of such appearance to the plaintiff's solicitor
or to the plaintiff if he sues in person, and shall in all subsequent
proceedings be named as a party defendant to the action.

508.-(1) Any person appearing to a writ of suinmops for the
recovery of immovable property shall be at liberty to limit his de-
fence to a part only of the property mentioned in the writ, describ-
ing that part with reasonable certainty in his memorandum
of appearance, or in a notice entitled in the action and signed by
him or his solicitor.

.(2) Such notice shall bc served within 4 days after appearance;
and an appearance where the defence is not so limited shall
be deemed an appearance to defend for the whole property.





509. No defendant in an action for the recovery of immovable
property who is in possession by himself or by his tenant need
plead his title, unless his defence depends on an equitable estale or
rio,bt or he claims relief on any equitable ground against any right
or title asserted by the plaintiff. But, except in the cases herein-
before mentioned, it shall be sufficient to state by way of defence
that he is so in possession, and it shall be taken to be implied in
such statement that he denies, or does not admit, the allegations
of fact contained in the plaintiff's statement of claim. He may,
nevertheless, rely on any ground of defence which he can prove,
except as hereinbefore mentioned.

Action of Ejectment.
510. Every tenant to whom any writ in ejectnient is delivered,
or to whose knowledge it comes, shall forthwith give notice
thereof to his landlord or his agent, under penanlty of forfeiting the
value of 3 years improved or rack rent of the premises deinised or
held in the possession of such tenant to the person of whom he
holds, to be recovered by action in any Court baving jurisdiction
for the amount.

511-(1) In all cases between landlord and tenant, as often as
it happens that one half-year's rent is in arrear, and the landlord
or lessor to whom the same is due has nght bv law to re-enter for
the non-paynient thereof, the landlord or lessor may, without any
fornial demand or re-entry, serve a writ in ejectnient for the re-
covery of the deniised premises; or In case the same cannot be
legally served, or no tenant is in actual possession of the pren-lises,
-then the landlord or lessor may affix a copy thereof upon the door
.of.any demised messuage, which service shall stand in the place
and stead of a demand and re-entry ; and if it is made to appear to
t.he Court at the trial that half a year's rent was due before the
writ was served, and that no sufficient distress was to be found on
the demised premises, countervailing the arrears then due, and
that the landlord or lessor had power to re-enter, then the landlord
or lessor shall recover judgment and execution in the same manner
as if the rent in arrear bad been legally demarided and a re-entry
made.

(2) In case---the lessee or his assignee, or other person claiming
or derivinu under the lease, permits and suffers judgment to be
had and recovered on such trial in ejectnient, and execution to be





executed thereon, without paying the rent and arrears, together
with full costs, and without proceeding for relief on equitable
grounds within 6 months after such execution executed, then the
lessee, his assignee, and all other persons claiming and deriving
under the lease shall be barred and foreclosed from. all relief or
remedy in law or equity, other than by bringing an appeal against
such judgment; and the landlord or lessor shall from thenceforth
hold the demised premises discharged from such lease : Provided
that nothing herein contained shall extend to bar the right of any
mortgagee of the lease, or any part thereof, who is not in possession,
if such mortgagee within 6 months after such Judgment obtained and
execution executed, pays all rent in arrear and all costs and damages
sustained by the lessor or person entitled to the remainder or re-
version as al'oresald, and performs all the covenants and agreements
which, on the part and behalf of the first lessee, are and ought to be
performed.

511-(1) In case the lessee or his assignee, or other person claim-
ing any right, title, or interest in law or equity of, in, or to the lease,
within the time aforesaid, applies to the Court for relief on equitable
grounds, such person shall not be entitled to a stay of the proceed-
ings on such ejectmen, unless, within 40 days next after a full and
perfect answer to such application has been made by the claimant
in such ejectment, he pays into Court such sum of money as the
landlord or lessor in his answer swears to be due and in arrear over
and above all Just allowances, and also the costs taxed in the said
action, there to remain until the trial of the cause, or to be paid out
to the landlord or lessor on good security, subject to the judgment of
the Court.

(2) In case such application for relief on equitable grounds is
made within the time aforesaid and after execution is executed, the
landlord or lessor shall be accountable only for so much and no more
as he may really and bonr fide, without lraud, deceit, or wilful
neglect, make of the demised preinises from the tinie of his enter-
ing into the actual possession thereof ; and if what is so made by the
landlord or lessor happens to be less thail the rent reserved on the
lease, then the lessee or his assignee, belore he shall be restored to
his possession, shall pay ' to the landlord or lessor the amount by
which the money so made by him fell short of the reserved rent for
the time the landlord or lessor held the demised premises.





513. If the lessee or his assignee, at any time before the trial in
such ejectment, pays or tenders to the landlord or lessor, his execu-
tors or administrators, or his or their solicitor in the cause, or pays
into Court, all the rent and arrears, together with the costs, then
411 further proceedings on the ejectment shall cease and be dis-
continued; and if the lessee, his executors, administrators, or
assians, on such application as aforesaid, is or are relieved on equit-
able grounds, he and they shall have, hold and enjoy the demised
premises according to the lease thereof made, without any new lease.

514.-(1) Where the term or interest of any tenant holding under
a lease or agreement in writing any immovable property for any
term or.number of years certain, or from year to year, has expired
or been determined, either by the landlord or tenant, by regular
notice to quit, and the tenant, or any person holding or claiming by
or under him, refuses to deliver tip possession accordingly, after
lawful demand in writing made and signed by the landlord or his
agent and served personally on or left at the dwelling house or uslial
place of abode of such tenant or person, and the landlord thereupon
proceeds by action of ejectment for the recovery of possessin, it
shall be lawful for him, at the foot of the writ in ejectrnent, to
address a notice to such tenant or person requiring bini to find such
bail, if ordered by the Ceurt, and for such purposes as are herein-
after next specified.

(2) On the appearance of the party or, in case of non-appei ranee,
on an affidavit of service of the writ and notice, it shall be lawful for
the landlord, on his producing the lease or agreement or some
counterpart or duplicate thereof, and proving the execution of the
same by affidavit, and upon affidavit that the premises have been
actually enjoyed under such lease or agreement, and that the
interest of the tenant has expired or been determined by regular
notice to quit, as the case may be, and that possession has been
lawfully demanded in manner aforesaid, to apply to the Court, by
motion or summons, for such tenant or person to show cause, within
a time to be fixed by the Court on a consideration of the situation
of the premises, why such tenant or person should not enter into a
recognizance by himself and two sufficient sureties in a reasonable
sum conditioned to pay the darn ages and costs which may be recover-
ed by the claimant in the action; and it shall be lawful for the Court,
upon cause shown or upon affidavit of the service of the motion or
sunimons in case no cause is shown, to order such tenant or person,





within a tiine to be fixed on a consideration of ail the circumstances,
to find such bail, with such conditions and in such manner as may
be specified in the order.
(3) If such tenant or person refuses or neglects to comply with
the order and lays no ground to induce the Court to enlarge the time
for obeying the same, then the landlord, on filiDg an affidavit that
the order has been made and served and not complied with, shall be
at liberty to sign judgment for recovery of possession and costs.

515. Where it appears, on the trial of any ejectment at the suit of
a. landlord against a tenant, that the tenaint or his attornev has been
served with due notice of trial, the Court shall, whether the de
fendant appears at the trial or not, perinit the claimant on the trial,
after proof of his right to recover possession oi the whole or any part
of the premises mentioned in the writ in ejectinent, to go into
evidence of Gie mesne profits thereof which have or might have
accrued from the day of the expiration or determination of the
tenant's interest in the same down to the tinic oi the judgment given
in the cause or to 2omeday to be specially mentioned
therein ; and tlie Court or jury on the trial for the claimant
shall in such ease give its judgment or then. verdict upon the whole
matter, both as to the recovery ol the whole or any part of the
premises and also as to the amount of dainages to be paid for such
mesne profits ; and in such case the huidlord shall have judgment
with the firne hercinbefore provided, not only for the recovery of
possession and costs, but also for the mesne profits found by the
Court or Jurv : Provided that nothiny hereinbefore contained shall
be construed to bar anv such landlord from judgment or action for

the mesne profits which may accrue from the Judgment or verdict,

or the clay so weeified therein, to the day of the delivery of
possession of the premises recovered in the ejectnient.

516. Nothing in this Chapter shall be construed to prejudice
or affect any other right of action or remedy which a, landlord
may possess in any of the cases hereinbefore provided for, otherwice
than -as hereinbefore expressly enacted.

CHAPTEM X=.
MANDAMUS.
Action of Mandamus.
517. The plaintifE in any action may indorse on the writ of
summons a notice that the plaintill intends to clailn a writ





of mandamus, and the plaintill may thereupon claim in the state-
ment of claim, either together with any other demand which may
be enforced in such action or separately, a writ of rnandamits Com-
manding the defendant to fulfil any duty in the fulfilment of which
the plaintiff is personally interested.

518. The statement of claim in any such action shall set forth
sufficient grounds on which the claim is founded, and shall
set forth that the plaintiff is personally interested therein, and that
he sustains, or may sustain, damage by the non-perforniance of
such duty, and that performance thereof has been demanded by
him and refused or omitted.

519. The proceedings in any such action shall be the same in all
respects, as nearly as may be, as in an ordinary action for
the recovery of damages.

520.-(1) In case judgment is given for the plaintiff that a
mandamus do issue, the Court may, if it thinks fit, issue a per-
emptory writ of mandamus to the defendant, commanding him
forthwith, or within such tline as the Court may direct, to perform
the duty to be enforced, and such writ, may, in case of disobedience,
be enforced by committal.

(2) The Court may, on sufficient cause shown, extend the time
for the pe riormance of the duty.

521. The writ of inandannis need'not contain any recitals, but
shall siniply command the, perforniance of the duty, and in other
respects shall be in the form of an ordinary writ of execution, except
that it shall be directed to the party and not to the bailiff and be
returnable forthwith ; and no return thereto, except that of com-
pliance, shall be allowed, but time to return it may, on sufficient
groLinds, be allowed by the Court, either on or without terms, as to
the Court may seem just.

Prerogative Writ of Mandamus.

522. Nothing In this Chapter shall affect the jurisdiction of the
Court to grant prerogative writs of mandamms; nor shall any writ of
mandamus issued out of the Court be invalid by reason of the right
of the prosecutor to proceed by action of mandamus under this
Chapter,





523. On application by motion for a prerogative writ of man-
dainus, the rule, may M all cases be absolute in the first instance,
if the Court thinks fit ; and the writ may bear teste on the day of
its issuing, and may be made returnable forthwith, but time to re-
turn it may, on sufficient grounds, be allowed by the Court, either
on or without terms, as to the Court may seem just.

524. The provisions of this Code, so far as they are applicable,
shall apply to the pleadings and proceedings on a prerogative writ of
mandamus issued by the Court.

CHAPTER XXIII.
INTERPLEADER.
525. Relief by way of interpleader may be granted,-

(1) where the person seeking relief (in this Chapter called the
applicant) is under liability for any debt or movable property for or
in respect of which lie is, or expects to be, sued by two or more
parties (in this Chapter called the claimants) making adverse claims
thereto ; and

(2)) where the applicant is the bailliff and claim is made to any
movable property taken or intended to be taken in execution under
any process, or to the proceeds or value of any such movable pro-
perty, by any person other than the person against whonn the process
issued.

526. The applicant must satisfy the Court, by affidavit or other-
wise,-

(1) that the applicant claims no interest in the subject-iiiatter in
dispute, other than for charges or costs ; and

(2) that the applicant does not collude with any of the claimants
and

(3) that the applicant, except where he is the bailiff and has seized
movable property and has withdrawn from possession in consequence
OIL' the execution creditor admitting the claim of the claimant, is will-
ing to pay or transfer the. subject-matter into Court or to dispose of
it as the Court may direct.

527. The applicant shall not be disentitled to relief by reason only
that the titles of the claimants have not a common origin, but are
adverse to and independent of one another.





528. Where the applicant is a defendant, application for relief
may be made at any time after service of the writ of summons.

529. The applicant may take out a summons calling on the claim
ants to appear and state the nature and particulars of their claims
and either to maintain or relinquish them.

530. If the application is made by the defendant in an action, the
Court may stay all further pro ceedilligs in the action.

531. If the claimants appear in pursuance of the summons, the
Court may order either that any claimant be made a defendant in
any action already commenced in respect of the subJect-matter in
dispute in lieu of or in addition to the applicant or that an issue
between the claimants be stated and tried, and in the latter case may
direct which of the claimants is to be plaintiff and which defendant.

532. The Court may, with the consentof both claimants or on
the request of any claimant, if, having regard to the value of the
subject-inatter in dispute, it seems desirable to do so, dispose of the
merits of their claims and decide the same in a surninary manner
and on such terms as rnay be just.

533. Where the question raised by the claims is a question of law
and the facts are not in dispute, the Court may either decide the
question without directing the trial of an issue or order that a special
case be stated for the opinion of the Court.

534. If a claimant, having been duly served with a summons call-
ing on him to appear and maintain or relinquish his claim, does not
appear in pursuance of the summons or, having appeared, refuses
or neglects to comply with any order inade after his appearance the
Court may niake an order declaring him and all persons claiming
under blin for ever barred against the applicant and persons claiming
under hiirL, but the order shall not affect the rights of the claimants
as between themselves.

535. Except where any enactment otherwise provides, the judg-
ment in any action or on any issue ordered to be tried or stated in
an interpleader proceeding, and the decision of the Court in a sum-
mary way, under section 532, shall be final and conclusive against
the claimants, and all persons claiming under them, except by
special leave of the Court or of the Full Court.

As amended by No, 2 of 1912,





536. Chapters VI and XII shall, with the necessary modifications,
apply to an interpleader issue; and the Court may finally dispose of
the whole matter of the interpleader proceedings, including all costs
not otherwise provided for.

537. The Court may, in or for the'purposes of any interpleader
proceedings, make all such orders as to costs and all other matters
as may be just and reasonable.

CHAPTER XXIV.

REFERENCE To ARBITRATION.
538. In this Chapter, unless the context otherwise requires,
submission--- means a written a-reement to submit present or

future differences to arbitration, whether an arbitrator is named
therein or not.

Reference by Consent out of Court.
539. A submission, unless a contrary intention is expressed there-
in, shall be irrevocable, except by leave of the Court, and shall have
the same effect in all respects as if it had been made an order of
Court.

540. A submission, unless a contrary intention is expressed
therein, shall be deented to include the provisions hereinafter set
forth, so far as they are applicable to the reference tinder the sub-
mission; that is to say,-

(1) if no other mode of reference is provided, the reference shall
be to a single arbitrator;

(2) if the reference is to two arbitrators, the two arbitrators may
appoint an umpire at any time within the period during which they
have power to make. an award;

(3) the arbitrators shall inake their award in writing within 3
months after entering on the reference, or after having been called
on to act by notice in writing from any party to the submission, or
on or before any later day to which the arbitrators, by any writing
signed by them, may frorn time to time enlarge the time for making
the award;

(4) if the arbitrators have allowed their time or extended time
to expire without making an award, or have delivered to any party

As amended by No. 2 of 1912.





to the submission or to the umpire a notice in writing stating that
they cannot agree, the umpire way forthwith enter on the reference
in lieu of the arbitrators;
(5) the umpire shall make his award within 3 months after the
original or extended time appointed for making the award of the
arbitrators has expired, or on or before any later day to which the
umpire, by any writing signed by him, may from time to time en-
large the time for making the award;
(6) the parties to the reference, and all persons claiming through
or under thern respectively, shall, subject to any legal objection,
submit to be exatnined by the arbitrators or umpire, Llpon oath, in
relation to the matters in dispute, and shall, subject ' as aforesaid,
produce before the arbitrat - ors or umpire all books, deeds, papers,
accounts, writings, and documents in their possession or power
respectively which may be required or called for, and do all other
things which, during the proceedings on the reference, the arbitra-
tors or umpire may require
(7) the witnesses on the reference shall, if the arbitrators or
umpire think fit, be examined upon oath;
(8) the award to be made by the arbitrators or umpire shall be
final and binding on the parties and the persons claiming throught or
under them respectively; and
(9) the costs of the reference and award shall be in the discretion
of the arbitrators or umpire, who way direct to and by whom and in
what manner those costs or any part thereof shall be paid, and may
award costs to be paid as between solicitor and client, and such costs
shall be taxed by the Registrar.

541. If any party to a submission, or any person claiming through
or under him, commences any legal proceedings in the Court against
any other party to the submission, or any person claiming through
or under him., in respect of any matter agreed to be referred, any
party to such legal proceedings may, at any tinie after appearance
and before filing any pleading or taking any other step in the pro-
ceedings, apply to the Court to stay the proceedings, and the Court,
if it is satisfied that there is not sufficient reason why the matter
should not be referred in accordance with the submission, and that
the applicant was, at the time when the Proceedings were com-
menced, and still remains, ready and willing to do all things neces-
sary to the proper conduct of the arbitration, may make an order
staying the proceedings accordingly.





542.-(1) In any of the following cases,-
(a) where a submission provides that the reference shall be to a
single arbitrator, and all the parties do not, after differences have
arisen, concur in the appointment of an arbitrator;
(b) if an appointed arbitrator refuses to act, or is incapable of
acting, or dies, and the submission does not show that it was intend-
ed that the vacancy should not be supplied, and the parties do not
supply the vacancy;
(c) where the parties or two arbitrators are at liberty to appoint
an umpire or third arbitrator and do not appoint him; and
(d) where an appointed umpire or third arbitrator refuses to act,
or is incapable of actingel, or dies, and the submission does not show
that it was intended that the vacancy should not be supplied, and
the parties or arbitrators do not supply the vacancy,
any party may serve the other parties or the arbitrators, as the case
may be, with a written notice to appoint an arbitrator, umpire, or
third arbitrator.

(2) If the appointment, is not made within 7 clear days after the
service of the notice, the Court inay, on application by the party who
gave the notice, appoint an arbitrator, umpire, or third arbitrator,
who shall have the like powers to act in the reference and make an
award as if he had been appointed by consent of all parties.

543. Where a submission provides that the reference shall be to
two arbitrators, one to be appointed by each party, then, unless the
subinission expresses a contrary intention,-

(1) if either of the appointed arbitrators refuses to act, or is in-
capable of acting, or dies, the party who appointed him may appoint
a new arbitrator in his place; and

(2) if, on such a reference, one party falls to appoint an arbitrator
either originally or by way oll substitution as aforesaid, for 7 clear
days after the other party, having appointed his arbitrator, has
served the party making default with notice to make the appoint-
ment, the party who has appointed an arbitrator may appoint that
arbitrator to act as sole arbitrator in the reference, and his award
shali be binding on both parties' as if he had been appointed by
consent:

Provided that the Court may set aside any appointnient made in
pursuance of this section,





544.-(1) The arbitrators or umpire acting under a submission
shall. unless the submission expresses a contrary intention, have
power-
(a) to administer oaths to the parties and witnesses appearing;
and

(b) to state an award as to the whole or part thereof in the form of
a special case for the opinion of the Court; and

(c) to correct in an award any clerical inistake or error arising
from any accidental slip or omission.

(2) The arbitrators or umpire acting under a subinission shall also
have such authority, and shall conduct the reference in such manner,
as is hereinafter mentioned; that is to say,-

(a) they may hold the proceedings on the reference at or adjourn
them to any place which they may deem most convenient, and have
any inspection or view which they may deem expedient for the
better disposal of the controversy before thein ;
(b) evidence shall be taken on the reference, and the attendance
of witnesses may be enforced by subpoena, and the proceedings on
the reference shall be conducted in the sarne manner, as nearly as
circumstances will admit, as trials are conducted before the Court;

(c) they shall have the same authority with respect to discovery
and production of documents, and in the conduct of the reference,
as the Court.

(3) Nothing in this section shall authorise thein to commit any
person to prison or to enforce any order by cominittal or otherwise.

(4) When. they make an award, thely shall lminediately thereafter
cause notice thereof to be given in writing to all the parties to the
reference before them.

545. Any party to a submission may sue out a writ of subpoena ad
testificandum, or a writ of subpaiza duces tecum but no person shall
be compelled under any such writ to produce any document which
he could not be compelled to produce on the trial of an action.

546. The time for making an award may from time to time be
enlarged by order of the Court' whether the time for making the
award has expired or not.

* As amended by No. 2 of 1912 and No. 43 of 1912 Supp. Sched.





547.-(1) In all cases of reference to arbitration, the Court may
from time to tirrie remit the matters referred, or any of them, to the
reconsideration of the arbitrators or umpire.

(2) Where an award is remitted, the arbitrators or umpire shall,
unless the order otherwise directs, make their award within 3
months after the date of the order.

548.-(1) Where an arbitrator or umpire, has.misconducted him-
self, the Court may remove hirn.
(2) Where an arbitrator or umpire has inisconducted himself, or
an arbitration or awward has been improperly procured, the Court
may set aside the a-ward.

549. An application to set aside an award may be made within one
month after such award has been made and published to the parties.

550.-W An award may, by leave of thee Court, be enforced in
the same manner as a judgment or order of the Court to the same
effect.
(.2) An award niay, by, leave of the Coiirt and on such terms as
may be just be enforced at any time, though the time for applying
to set it aside has riot elapsed.

Reference under Order of Court.
551.-(1) Stibject to the provisions of this Code and to any right
to have particular cases tried by a jury, the Court may refer any
question arising. in any caiise or matter (other than a criminal pro-
ceedin. by the Crown.) for inquiry and report to a special referee.

(2) The report of a special referee may be adopted wholly or
partially by the Court, and, if so adopted, may be enforced in the
same manner as a, judgment or order of the Court to the same effect.

552. In any cause or matter (other than a criminal proceeding by
the Crown),-
(a) if all the parties interested who are not under disability con-
sent ; or
(b) if the cause or matter requires any prolonged examination of
documents or any scientific or local investigation which cannot, in
the opinion of the Court, conveniently be made before a dry or
conducted by the Court through its other ordinary officers; or

* As amended by No. 43 of 1912 Supp. Sched.





(c) if the question in dispute consists wholly or in part of matters
of account,
the Court may at any time order the whole cause or matter, or any
question or issue of fact arising therein, to be tried before a special
referee or arbitrator respectively agreed on by the parties or before
an officer of the Court.

553. In every case of reference to a special referee or arbitrator or
to an officer of the Court under au order of the Court in any cause or
matter, the special referce or arbitrator shall be deemed to be an
officer of the Court, and such special referee, arbitrator, or officer
shall have such authority, and shall conduct the reference in such
manner, as is hereinafter rticutioned :-

(1) he inay, subject to the order of the Court, hold the trial at or
adjourn it to any place which lie ruay decin most, convenient, and
have any inspectioi i or view which he may deem expedient for the
better disposal of the controversy before bini. If he is appointed by
an order of the Court, he unless otherwise directed by the
Court, proceed with the trial de die i)i diem, in a similar manner as
in an action tried with a jury;

(2) suMect to any order to be, niade by the Court, evidence shall
be taken at the trial, and the attendance of witnesses may be e-n-
forced by subpoena and the trial shall be conducted in the same
manner, as nearly as cicumstances will admit, as trials are con-
ducted before the Court ,
(3) subject to any such order as last aforesaid, he shall have the
same authority respect to discoverY and production of docu-
ments and in the conduct of the trial or reference, and the same
power to direct that 'udgment be entered for any or either party, as
the Court;

(4) nothing in this section shall authorise him to commit any
person to prison or to enforce any order by committal or otherwise.,

(.5) he may, before the conclusion of the trial before him, or by
his report or award under the reference made to him, submit any
question arising therein for the decision of the Court, or state any
facts specially, with power to the Court to draw inferences there-
frorn, and in any such case the order to be made on such submission
or statement shall beentered as the Court may direct; and the Court
shall have power to require any explanation or reasons from him and

As amdnded by N7o. 50 of 1911.





to remit the cause or matter, or any part thereof, for re-trial or
further consideration to hirn or to any other special referee, arbitra-
tor, or officer of the Court; or the Court may decide the question
referred to him on the evidence taken before hini, either with or
without additional. evidence as the Court may direct;

(6) when he makes a report or award, he shall immediately there-
after cause notice thereof to be given in writing to all the parties to
the trial or reference before bilD :

(7) where a report or award has been made in a cause or matter,
the further consideration of which has been adjourned, it shall be
lawful for any party, on the hearimr of such further consideration,
without notice of motion or summons to apply to the Court to adopt
the report or award, or without leave of the Court to give not less
than 4 days' notice oil motion, to codie on with the lurther considera-
tion, to vary the report or to remit the cause or matter or any part
thereof for re-trial or further consideration to the same or any other
s pecial referee, arbitrator, or officer of the. Court

(8) where a report or award has been made in a cause. or matter,
the further consideration of which has not been adjourned, it shall
be lawful for any party, by an an 8 day's notice of motion, to apply to
the Court to adopt and carry into eflect the report or award, or to
vary the report or award, or to remit the cause or matter or any part
thereof for re-trial or further consideration to the same or any other
special referee, arbitrator, or officer of the Court ; and

(9) be may, subject to any directions in the order of reference,
exercise the same discretion as to costs as the Court could have
exercised.

554. Where at the trial a special referee,- arbitrator, or officer
of the Court abstains from directing any judgment to be entered,
the plaintiff may set down a motion for Judgment. If he does not
set down such a motion and give notice thereof to the other parties
within 10 days after the trial, anv defendant may set down a n-iotion
for judgment, and give notice thereof to the. other parties.

555. Where at the trial a tpecial referee, arbitrator, or officer of
the Court directs that any judgment be entered, any party may move
to set aside such judgment, and to enter any other judgment, on the
ground that, upon the finding as entered, the judgment so directed
is wrong.





556. The report or award of any special referee, arbitrator, or
officer of the Court on any such reference shall, unless set aside by
the Courf, be equivalent to the verdict of a jury.

557. The remuneration to be paid to any special referee, arbitra-
tor, or officer of the Court to whom any matter is referred under an
order of the Court shall be determined by the Court.

558. The Court shall, a., to any reference under an order of the
Court, have all the powers which are by this Chapter conferred on
the Court as to a reference by consent out of Court.

General Provisions.
559.-M The Court may order that a writ of subpaiza ad
testificandum or of subpwiia duces tecuni shall issue to compel the
attendance before a special referee, or before any arbitrator, umpire,
or officer of the Court, of a witness wherever he may be within the
Colony.
(2) The Court may also order that a writ of habeas corpus ad
testificandum shall issue to bring up a prisoner for examination be-
fore a special referee or before any arbitrator, umpire, or officer of
the Court.

560. Any special referee, arbitrator, or umpire or officer of the
Court niav, at any stRge of the proceedings under a reference,
and shall, if so directed by the Court, state in the form of a special
case for the opinion of the Court any question of law arising in the
course of the, reference.

561. Any order made under this Chapter may be made on such
terms as to costs, or otherwise, as the authority making the order
thinks just.

562. Every person who wilfully and corruptly gives false evidence
before any special referee, arbitrator, or unipire or officer of the
Cotirt shall be guilty of perjury, as if the evidence had been given
in open Court, and may be dealt with, prosecuted, and punished
accordingly.

563. This Chapter shall, except as in this Chapter rxpressly men-
tioned, apply to any arbitration to which His Majesty the King is
a party; but nothing in this Chapter shall empower the Court to
order any proceedings to which His Majesty is a party, or any ques-





tion or issue in any such proceedings, to be tried before any special
referee, arbitrator, or officer without the consent of His Majesty, or
shall affect the law as to costs payable by the Grown.

564. This Chapter shall apply to every arbitration under any
Ordinance passed before or after the commencement of this Code
as if the arbitration were pursuant to a submission, except in so far
as this Chapter is inconsistent with the Ordinance regulating the
arbitration or with any rules or procedure authorised or recognized
by that Ordinance.
[s. 565, rel). No. 36 of 1911.]

PART III.
PROVISIONAL REMEDIES.
C11APTER XXY
ARREST AXD ATTACHMENT BEFORE JUDGMENT.
Arrest -of Absconding Defendant.
566. If in any action, not being an action for the recovery of
immovable property, the defendant is about to leave the jurisdiction
ol the Court, or has disposed of or removed frorn the jurisdiction of
the Court.his property or any part thereof, the plaintiff may, either
at the institution of the action or at any tinie thereafter until final
judgment apply to the Court to call upon the defendant to furnish
sufficient security for his appearance to answer any judgment that
may be given against him in the action.

567. If the Court, after making such investigation as it may con-
sider necessary, is of the opinion that there is probable cause for
belevin that the defendant is about to leave the Jurisdiction or that
he hsve disposed of or removed front the Jurisdiction his property or
any part thereof, and that in either case, by reason thereof, the
exe,cution of any Judgment that may be given against him in the
action is likely to be obstructed or delayed, it shall be lawful for
the Court to issue a warrant to the bailiff enjoining him to bring
the defendant before the Court that he may show cause why he
should not give security jor his appearance to answer any judgment
that may be given against hini In the action.

568.-(1) If the defendant shows such cause, the warrant shall be
discharged and the defendant be released.





(2) If the defendant falls to show such cause, the Court shall
order him to give sufficient bail for his appearance at any time
when called upon while the action is pending and until the execu-
tion of any Judgment that may be given against him in the action.

(3) The surety or sureties giving such bail shall undertake, in
default of such appearance, to pay any sum of money that may be
adjudged against the, defendant in the action, with costs.

(4) If the defendant offers, in llen of giving ball, to deposit in
Court a sum of money or other valuable property sufficient to
answer any sum of inoney that may be adjudged against him in the
action, with costs, the Court may accept such deposit in lieu of
bail.

569.-(1) If the defendant complies with the order of the Court,
the warrant shall be discharged and the defendant be released.

(2) If the defendant does riot comply with the order of the Court,
he way be conarititted to prison until the decision of the action, or,
if 'udgment is given against him, until the execution of the judg-
ment, or until the further order of the Court.

(3) When a defendant is colninitted to prison under sub-section
C2) the Court shall fix whatever niouthly allowance it may think
sufficient for his subsistence, not execellig 25 cents per diem
which shall be paid by the plaintiff to the Superintendent of the
Gaol by niontlAy payments in advance before the first day in each
month, the first payment made to be for such portion of the
current month as may remain unexpired before the defendant is
committed to prison.

(4) Every defendant imprisoned under sub-section (2) shall be
released at any tirne oil the plaintill omitting to pay his subsistence
money.

570.-(1) A defendant who has given ball for his appearance, or
who has been committed to prison for default in giving such bail,
may at any time apply to the Court for the discharge of his bail
or for his release froin prison, as tine case may be, on the ground
that the plaintiff has not used dire diligence in the prosecution of
the action, and, on the hearing of the application, the Court may
make such order as seem just.

As amended by No. 10 of 1909.
As atriended by No. 36 of 1911.





(2) The surety or sureties for the appearance of the defendant or
either or any of thein may at any tline apply to a Judge to be dis-
charged from his or their obligation.

On such application being inade the Judge shall summon
the defendant to appear; or, if necessary, he may issue a warrant
for his arrest in the first instance.

On the appearance of the defendant pursuant to the summons or
warrant, or on his voluntary surrender, the Court shall direct the
surety or sureties making application under this sectioa to be dis-
.barged frorn his or their obligation, and shall call upon the
defendant to find security, whereupon the provisions of section 569
(2) shall again apply.

571.-(1) If it appears to the Court that the arrest of the
defendant was applied for on insufficient grounds, or if the action
is dismissed or judgment, is given against the plaintiff by default
or otherwise, and it appears to the Court that there was no
probable ground for instituting Lhe action, the Court may, on the
application of the defendant, made either before or at the time of
the pronouncing of the judgment, award against the plaintiff such
amount, riot exceeding 1,000 dollars, as it may deein a reasonable
compensation to the defendant for any injury or loss which he may
have sustained by reason of the arrest : Provided that the Court
shall not award a larger surri by way of compensation under this
section thali it is competent to the Court to award in an action for
damages.

(2) An award of compensation under this section shall bar any
action for damages in respect of the arrest.

Interim Attachnient of Property-of Defendant.

572.-(1) If in any action the defendant, with intent to obstruct
or delay the execution of any judgment that may be given against
hini in the action, is about to dispose of his propeity or any part
thereof, or to remove any such property from the Jurisdiction of the
Court, the plaintilf may, either at the institution of the action or
at any tinie thereafter until fiDal Judgment, apply to the Court to
call upon the defendant to furnish sufficient security to produce and
place at the disposal of the Court, when required, Ins property, or
the value of the same, or such portion thereof as may be sufficient
to answer any judgment that may be given against him in





the action, and, in the event of his failing to furnish such security,
to direct that any property, movable or immovable, belonging to
the defendant shall be attached until the further order of the Court.
(2) The application shall contain a specification of the property
required to be attached, and the estimated value thereof, so far as
the plaintiff can reasonably ascertain the same.
(3) There shall be filed with the application an affidavit to the
effect that the defendant is about to dispose of or remove his pro-
perty or some part thereof, with such intent as aforesald.

571-(1)If the Court, after making such invesi lgation as
it may consider necessary, is of opinion that there iss probable cause
for believing that the defendant is about to dispose of or remove
his property or some part thereof, with such intent as aforesaid, it
sliall be lawful for the Court to issue a. warrant to the bailiff com-
manding him to call upon the defendant, within a time to be fixed
by the Court., either to furnish security, in such sum as may be
specified in the order, to produce and place at the disposal of the
Court, when required, the said property, or the value of the Fame,
or such portion thereof as may be sufficient to answer arty judg-
inent that may be given against hini in the action, or 'to appear
before the Court and show cause, why lie shoffid not furnish such
security.
(2) The Court may also in the warrant direct the attachment
until further order of the whole or any portion of the property of
the defendant within the Colony.
(3) The attachment shall be made, according to the nature of
the property to be attached, in the manner prescribed in Chapter
XVI for the attachment of property in execution of a judgment for
money.

574.-(1) If the defendant shows such cause or furnishes the
required security within the tilne fixed by the Couit, and the pro-
perty specified in the application, or any portion thereof, has heen
attached, the Court shall order the attachinent to be withdrawn.
(2) If the defendant falls to show such cause or to furnish the
required security, with in the tin-ie fixed by the Court, the Court
may direct that the property specified in the applicatioil, if
not alread attached, or such portion thereof as may be sufficient
to answer any judgment that may be given against the defendant
in the action, shall be attached until the further order of the Court.





(3) The attachment shall be made, according to the nature of
the property to be attached, in the manner prescribed in Chapter
M for the attachment of property in execution of a judgment for
money.

575. The attachment shall not affect the rights of any persons
not being parties to the action, and in the event of any claim being
preferred to the property attached before judgment, such claim
shall be investigated in the manner preseribed in Chapter XVI for
the investiganion of claims to property attached lin execution of

576. In any case of attachment before judgment the Court shall
at any tinie remove the same on the defendant furnishing the re-
quired security, together with security for lbe costs of the attach-
ment.

577.-(1) Tf it appears. to the Court that the attachment was
applied for on insufficient grounds, or if the action is dismissed or
Judgment is givert against the plaintill by defeault of otherwise, and
it appears to the, Court that there was no problem ground for
instituting the action, the Court may, on the application of the
defendant, made either before or at the tinie of the pronouncing of
the judgment, award against the plaintiff such amount, not ex
ceeding 1,000 dollars, as it may deen, a reeasonable cempensation
to the defendant for any injury or loss whic111 lie may have sastain-ed
by reason of the attachment :Provided that the Court shall not
a larfer suin by way of compensation under this section than
it is coinpetent to the Court to award in an action for damages.

(2) An award of compensation under this section sball bar any
action for damages in respect of the attachi-nent.

Arrest and Detention of Shuip.

578. Where the extrerne urgency or other pectfliar circumstances
of the case appear to the Court so to require, it shall be lawful for
the Court, on the application of the. plaintiff in any action or of its
own motion, by warrant under the seal of the Court, to stop the
clearance or to order the arrest and detention by the bailiff of any
ghip about to leave the Colony (other than a ship enioving immunity
from civil proeess), and such clearance shall be stopped or the ship
arrested and detained accordingly : Provided that no such war-





rant shall be issued at the instance of any plaintilf unless the
application for the issue thereof is supported by an affidavit of the
facts.

579. The Court may at any time release a ship detained unde
the last section, on such terms as it may think just.

580.-(1) If it appears to the Court that the warrant was applied
for,on insufficient grounds, or if the action is dismissed oi judgment
is given against the plaintiff by default or otherwise, and it appears
to the Court that there was no probable ground for instiluting the
action, the Court may, either before or at the tinie of the
pronouncing of the Judgineut, award against the plaintiff such
amount, not exceeding 1,000 dollars, as it may deeni a reasonable
compensation for any injury or loss occasioned by the issue of the
warrant, and such compensation shall be paid to such parties as the
Court may direct : Provided that the Court shall not award a
larger sum by way of compensation under this section than it is
competent to the Court to award in an action 'for daniages.

(2) An award. of compensation under this seefiort shall bar any
action for damages in respect of the arrest and detention of the
ship.

CHAPTER XXVI.
TEMPORARY INJUNCTION.
581-(1) In any action in which it is shown, to the satisfaction
of the Court, that any property in dispute in the action is in danger
of being wasted, damaged, or alienated by any party to the action,
it shall be lawful for the Court to issue an injunction to such party,
commanding him to refrain from doing the particular act complained
of, or to give such other order for the purpose of staying and pre-
venting him from wasting, damaging, or alienating the property as
to the Court may seem fit.

(2) In case of disobedience, the injunction may be enforced by the
committal to prison of the person disobeying it.

582.-(1) In any action for restraining the defendant from the
commission of any breach of contract or other injury, and whether
the same is accompanied by any clairn for damages or not, it shall

As arnerided by No. 50 of 1911.





be lawful for the plaintifl, at any time after the commencement of
the action and whether before or after judgment, to apply to the
Court for an injunction to restrain the defendant front the repetition
or continuance of the breach of contract or injury complained of, or
the commission of any breach of contract or injury of a like kind
arising out of the same contract or relating to the same property o r
right.

(2) The in'unction may begranted by the Court on such terms
as to the duration of the in injunction, keeping an account giving
security, or otherwise, as may seem just.
(3) In case of disobedience, the injunction may be en~orced by the
committal to prison of the person disobeying it.

583. The Court shall in all cases tinder this Chapter, except where
it appears that the object of granting an injunction wotild be defeat-
ed by the delay, before gran.il'ii,o, all injunction, direct notice of the
application for the same to be given to the opposite party.

584. An injunction directed to a. public company or corporation
shall be binding, not only on the company or corporation itself but
also on all members and officers of the conipany or corporation whose
personal action it seeks to restrain.

585. Any order for an injunction niade tinder this Chapter may,
on applicition made for that purpose by any party affected by the
order, be discharged or varied, or set aside by the Court, on such
terms as may seem just.

586.-(1) if it appears to the Court that the injunction was
applied for oil insufficient grounds, or if the action is dismissed or
judgment is given against the plainfire by default or otherwise, and
it -appears to the Court that there was no probable ground for in-
stituting the action, the Court may, oil the application of the
defendant, inade either before or at the time of the pronouncing of
the judgment, award against the plaintiff such amount, not exceed-
ing 1,000 dollars, as it may deem a reasonable compensation to the
defendant for any injury or loss which he may have sustained by
the issue of the injunction : Provided that the Court shall not award
a larger sum by way of compensation tinder this section than it is
competent to the Court to award in an action for damages.

(2) An award of compensation tinder this section shall bar any
action for damages in respect of the issue of the injunction.





CHAPTER XXVII.
'RECEIVER.
587. Whenever it appears to the Court to be necessary for -the
realization, preservation, or better custody or management of any
property, the subject of an action Or other proceeding or under
attachment. the Court may appoint a receiver of such property, and,
if necessary, order all or any of the following thin.,

(1) the removal of the person in whose Possession or custody the
property may be from the possession or custody thereof;

(2) the commitment of such property to the custody Or manage-
ment of such receiver; and

(3) the granting to such Yecelver of all such powers as to bringing
and defending actions and other proceedinl-s, and for the realization,
management, protection, preservation, and improvement of the
property, for the collection of the rents and profits thereof, for the
application and disposal of such rents and profits, and for the execu-
tion of instruments in writing as the owner himself has, or such of
those powers as the Court thinks fit.

588. In every case in which an application is made for the
appointment of a receiver by way of equitable execution, the
Court in deterinining whether is just and convenient that such
appointment should be made, shall have regard to the amount of
the debt claimed by the applicant, to the aniount wbich may prob-
ably be obtained by the receiver, and to the probable costs of his
appointment, and may, if it thinks fit, direct any inquiries on these
or other matters before making the appointment.

589. Where an order is made directing a receiver to be appointed,
the person to be appointed shall, unless otherwise ordered, first give
security, to be allowed by the Court and taken beEore the Registrar,
duly to account for what he shall receive as such receiver and to pay
the same as the Court may direct; and the person so to be appointed
shall, unless otherwise ordered, be allowed a proper salary or allow-
ance by way of fees or commissions or otherwise, as the Court may
think fit.

590. Where any judgment or order is pronounced or niade in
Court appointing a person therein named to be receiver, the Court

As amended by No. 43 of 10-12 Supp. Selled.
As amended by No. 50 of 1911,





may adjourn to Chambers the cause or matter then pending, in order
that the person nained as receiver may give security as in the last
section mentioned, and may thereupon direct such judgment or
order to be drawn up.

591.-(1) When a receiver is appointed with a direction that he
shall pass accounts, the Court shall fix the days upon which he shall
(annually or at longer or shorter periods) leave and pass such
accounts, and also the days upon which he shall pay the balances
appearflig due on the accounts so left, or such part thereof as may
be certified as proper to be paid by him: Provided that the Court
may, on good cause shown, enlarge any such period.

(2) If any such receiver neglects to leave and pass his accounts
and pay the balances thereof at the times so fixed or enlarged for
that purpose as aforesald, the Court may from time to time, when
his subsequent accounts are produced to be examined and passed,
isallow the salary or allowance therein claimed by such receiver,
and may also, if it thinks fit, charge him with interest at the rate
for the time being fixed by the Court upon the balances so neglected
to be paid by him during the tirne the. saine may appear to have
remained in his hands.
592.-(1) Every such receiver shall leave with the Registrar his
together with an affidavit verifying the same.

(2) An appointment shall thereupon be obtained by the plaintiff
or the person having the conduct of the cause or matter for the
purpose of passing such account.

593. In case of any such receiver failing to leave such account or
affidavit, or to pass such account, or to make any payment or other-
wise, the receiver or the parties, or any of theril, may be required
to attend at Chambers to show cause why such account or affidavit
has not been left, or such account passed, or such payment made,
or any other proper proceeding taken, and thereupon such directions
as may be proper may be given at Chambers or by adjournment into
Court, including the discharge of any receiver and the appointment
of another and payment of costs.

The rate of interest fixed is 8% per annurn.





PART IV.
APPEALS.
CHAPTER XXVIII.
APPEAL TO TRE FULL COUNT

594. The right of appeal from decisions Of the Judges is regulated
by section 23 of the Supreme Court Ordinance, 1873.

595. Every motion for a new trial, or to set aside a verdict, find-
ing, or judgment, in any cause or matter in wching there has been a
trial thereof or any issue therein with a jury shall bo heard and
determined by the Full Court.

596. The Full Court may in any cause or matter, on such terms
as may seem just, order a new trial, with or withoirt a stay of pro-
ceedings.

597.-(1) Any application for a new trial shall be made on notice
of motion filed not later than 14 days alter the date of the verdict ;
and no rule nisi, order to show cause, or formal proceeding other
than such notice of motion shall be made or taken.

(2) The notice shall state the grounds of the application and
whether all or part only of the judgment or verdict is complained of.

(3) The notice shall not of itself operate as a stay of proceedings
but any money in Court in the cause or matter shall be retained to
abide the result of the motion or the further order of the Full Court.

(4) After the expiration of such 14 days, an appileation for such
new trial shall not be admitted, except by special leave of the Full
Court, on such ternis as may seem just.

598-(1) A new trial may be granted on the CY1,01111d of the dis-
covery of new matter or evidence which was nto within the
knowledge of the applicant, or could not have been adduced by him,
at the trial.

(2) A new trial shall riot be granted on the gromid of misdirection
or of the improper admission or rejection of evidence, or because the
verdict of the jury was iiot taken upon a question which the Court
at the trial was not asked to leave to them, unless in the opinion of
the Full Court some substantial wrong or miscarriage has been

As amended by No. 1 of 1912.
. As amended by No. 86 of 1911, -No. 50 Of 1911 and No. 1 of 1912,

1





thereby occasioned in the trial ; and if it appears to the Court that
such wrong or inisearriacre affects part only of the matter in con-
troversy, or some or one only of the parties, the Full Court may give
final judgment as to part thereof or as to some or one only of the
parties, and direct a new trial as to the other part only or as to the
other party or parties.
(3) A new trial shall not be granted by reason of the ruling of the
Court that the stanip upon any document is sufficient or that the
document does not require a stanip.

599. A new trial inay be ordered on any question, whatever may
be the grounds 11or the new tria, without interfering with the finding
or decision on any other question.


600. On am motion for a new trial, the Full Court shall have
power to order a nonsullit or verdict to be entered, although no leave
has been reserved at the trial.

601. In every order tor a new trial or to enter a nonsult or verdict,
the grounds on which the order has been made shall be shortly stated

therein.

602. when a new trial is granted on the ground that the verdict
was against evidence, the costs of the first trial shall abide the event,
unless the Full Court otherwise orders.

603.On an order for a new trial, either party may, if he
is entitled thereto under the provisions of Chapter XI, demand a
jury for the second trial, though the first was without a jury.
(2) The Full Court may, if it thinks fit, make it a condition of
granting a new trial, tbat the trial shall be with a jury.

604.When an application for a new trial is granted, a note
thereof shall be niade in thle CauEe Book, and the Full Court shall
give such order in regard thereto as it may deem proper in the.
circumstances of the case.

605. No order made by the Court by the consent of parties or
as to costs only, which by law are left to the discretion of the CourtP
shall be subject to any appeal, except by leave of the Court.

606.-(1) No appeal to the Full Court from any decision of the
Court shall, except by special leave of the Full Court, be brought
after the expiration of 6 mouths.





(2) The period of 6 months shall be calculated from the time
when the decision was pronounced.

(3) Such deposit or other security for the costs to be oc-
casioned by an appeal shall be inade or given as may be directed
under special circumstances by the Full Court.

607.-(1) Every appeal to the Full Court from a decision of the
Court shall be by way of re-hearing and shall be. brought by notice
of motion in a summary way, and no petition, case, or other formal
proceeding, other than such notice of motion, shall be necessary.

(2) The appellant may by the notice of motion apppI froni the
whole or any part of any decision, and the notice of motion shall
state whether the whole or part only of such decision is complained
of, and in the latter case shall specify such part.

608.-(1) The. notice of motion shall be served on all parties
directly affected by the appeal, and it shall not Ibe necessary
to serve parties not so atrected ; but the Full Court may direct the
notice of motion to be served on all or any parties to the action or
other proceeding, or on any person not a pi.rty, and in the mean-
time may postpone or adjourn the hearing of the appeal on such
terms as may be just, and may give such judgment and make such
order as might have been given. or nnade II the persons served with
such notice had been originally parties.

(2) The notice of motion may be amended at any time as the
Full Court may think fit.

609. The notice of motion shall be a 14 day's notice.

610.-(1) The Full Court shall have all the powers and duties as
to Pmendment and in all other respects of the Court, together with
full discretionary power to receive further evidence upon questions
of fact, such evidence to be either by oral examination in Court,
by affidavit, or by deposition taken before the Begistrar or a coni-
inissioner.
(2) Such further evidence may be given without, special leave on
any Interlocutory application, or in any case as to matters which
have occurred after the date of the decision frorn which the appeal
is brought.
(3) On any appeal from a judgment after the trial or hearing of
any cause or matter on the inerits, such further evidence (save as






to inatters subsequent as aforesaid) shall be admitted on special
grounds only, and riot without special leave of the Full Court.

(4) The Full Court shall have power to draw inferences of fact,
and to give any judgment and make any order which ought to have
been made, and to make such further or other order as the case
may require.
(5) The powers aforesaid may be exercised by the Full Court.
notwithstanding that the notice of motion may be that part only
of the decision may be reversed or varied, and suell powers may
also be exercised in favour of all or an any of the respondents or
parties, although such respondents or partlies may not have
appealed from or complained of the decision.

611. If, on the hearing of an appeal, it appears to the Full Court
that a new trial ought to be had, it shall be lawful for the
Full Court, if it think fit, to order that the verdict and Judgment,
or the judgment, as the case mav be, shall be set aside, and that a
new trial shall be had.

612. The Full Cotirt shall have power tosuch order as t
the whole or any part of the costs of the appeal as may be lust.

613.-(1) It shall not, under any circunistances, be necessary for
a respondent to give notice of motion by way of cross appeal, but
if a, respondent intends, on the bearing of 61e appeal, to contend
that the decision of the Court snould be varied, lie shall, within the
tilne specified in the next section or such time as may be prescribed
by special order, give notice of such intention to anY parties who
may be affected by such contention.

(2) The ornission to give. such notice sliall not diminish the
powers of the Full Court, lont may, in the discretion of the Full
Court, be ground for an adjournment of the appeal or for a special
order as to costs.

614. Subject to any special order which may be made by the
Full Court, notice by a respondent under the last section shall be
an 8 da~ys' notice.

615. The party appealing from a judgn ait or order shall leave
with the Registrar a copy of the notice or motion to be filed, and
the Registrar shall thereupon set down the appeal by entering the

As arnended by No. 50 of 1911.





same in the proper list of appeals, and it shall come on to be heard
according to its order in such list, unless the Full Court otherwise
directs, but so as not to come into the paper for hearing before the
day named in the notice. of motion.

616. When any question of fact is involved in an appeal, the
evidence taken in the Court bearing on such question shall, subject
to any special order, be brought before the Full Court as follows :-

(1) as to any evidence taken by affidavit, by the production of
the affidavits; and

(2) as to any evidence given orally, by the production of
the Judge's notes, or sneh other materials as the Full Court illay
deem expedient.

617. Not less than 5 days before the day fixed for the hearing of
the appeal the appellant shall deliver to each of the Judges a com-
plete transcript of the proceedings in the case.

618. If, on the hearing of an appeal, any question arises as to the
ruling or direction of the Judge to a jury or questions put to
assessors, the Full Court, shall have recard to verified notes or other
evidence and to stich other iriaterials as the Full Court inay deem
expedient.

619. No interlocutory order or rule from which there has been no
appeal shall operate so as to bar or prejudice the Full Court from
giving such decision upon the appeal as inaly be just.

620. An appeal sball not operate as a stay of executi on or of pro-
ceedings under the decision appealed from, except so far as the
Court or the Full Court may order; and no intermediate act
or proceeding shall be invalidated, except so far as the Court or the
Full Court may direct.

621. Every application to the Full Court incidental to an appeal
shall be by motion, and the provisions of Chapter X relating to
motions shall apply thereto.

622. On any appeal from a decision of the, Court interest at the
rate for the time being fixed by the Court for such time as exe-
cution has been delayed by the appeal shall be allowed, unless the

As amended by No. 2 of 1912.
The rate of interest, fixed is 8% per annum.





Full Court otherwise orders, and the Registrar may compute such
interest without any order for that purpose.

[Chap. XXIX-s. 623, rep. No. 36 of 1911.]

PART V.
MISCELLANEOUS MATTERS.
CHAPTER -'~XIX.

BUSINESS IN CHAMBEBS.
General Provisions.
624. In any proceeding in Chambers any party may, if he so
desires, be represented by counsel: Provided that he shall not be
allowed his costs In respect of counsel's fees, unless the Judge
certifies that the case is fit for counsel.

625.-(1) The course of proceeding in Chambers shall ordinarily
be the same as the course of proceeding in Court upon motions.

(2) Copies, abstracts, or extracts of or from accounts, deeds, or
other documents and pedigrees and concise statements shall, if
directed, be supplied for the use of the Court, and, wliere so
directed, copies shall be delivered to the other parties.

(3) No copies shall be made of any deed or other docunient
where the. original can be brought in, unless the Court otherwise
directs.

626. At the tinie when any smmons is, obtained, an entry
thereof shall be niade in Summons Book, stating the date on whicil
the summons is issued, the name of the cause or matter, and by
what party, and shortly for what purpose such summons is
obtained, and at what time such sumnions is returnable.

Administrations and Trusts.
627. The executors or administrators of a deceased person or any
of them, and the trustees under any deed or instrument or any of
them, and any person claiming to be interested in the relief sought
as creditor, devisee, legatee, next of kin, or heir-at-law of a
deceased person, or as cestui que trust under the trust of any deed
or instrument, or as claiming by assignment or otherwise under any

The Chapter hs renumbered by No. 36 of 1911,
As arxiended by No. 36 of 1911.





such creditor or other person as aforesaid, may take out, as of
course, an originatincr summons returnable in Chambers for such
relief of the nature or kind following as may by the summons be
specified and as the circumstances of the case may require; that
is to say, the determination, without an administration of the
estate or trust, of any of the following questions or matters:-
(1) any question affecting the rights or interests of the person
claiming to be creditor, devisee, legatee, next, of kin, heir-at-low or
cestui que trust;
(2) the ascertainment of any class of creditors, devisees, legatees,
next of kin, or others;
(3) the furnishing of any particular accounts by the executors
or administrators or trustees, and the vouching, when necessary,
of such accounts;

(4) the payment into Court of any money in the hands of the
executors or administrators or trustees;

(5) a direction to the executors or administrators or trustees to
do or abstain from doing any particular act in their character as
such executors or administrators or trustees ;

(6) the approval of any sale, purchase, Compromise, or other
transaction; and

(7) any clisestion arising in the administration of the estate
trust.

628. Any of the persons mentioned in the last section may in llike-
manner apply for and obtain an order for the administration of-
(a) the personal estate of the deceased person;
(b) the real estate of the deceased person ; and
(c) the trust.

629. The persons to be served with the suninions under the last
two sections shall, In the first. instance, be the following :-
(1) Where the stiminons is taken out by an executor, adminis,
trator or trustee for the determination of any queEition-
(a) under sub-section (1), (.5), (.6), or (7) of section 627, the
persons, or one of the persons, whose rights or interests are sought
to be affected

* M anlen.ded by l~o. W of 1911 and ~Zo. 2 of 1912,





(b) under sub-section (2) of section 627, any member or alleged
member of the class
(c) under sub-section (3) of section 627, any person interested
in taking such accounts;
(d) under sub-section (4) of section 627, any person interested
in such money;

(2) Where the suninions is taken out by an executor, adminis-
trator or trustee for relief-
(a) under paragraph (a.) of section 6.28, the residuary legatees, or
next of kin, or some of them;
(b) under paragraph (b) of section 6.228, the residuary devisees,
or heirs, or some of thein ;
(c) under paragraph (c) of section 628, the cestuis que trustent,
or some of them.

(3) If there are more than one executor or administrator or
trustee, and they do not all concur in takiner out the sum-
nions, those who do not concur shall also be served.

(4) Where the summons is taken out by any person other than
the executors or administrators or trustees, the said executors or
administrators or trustees.

630. The Court may direct such other persons to be served with
the sumitions as it may think fit.

631. The application shall be supportd by such evidence as the
Court may require, and such directions may be given as the Court
may think proper for the trial of any questions arising thercout.

632. It shall be lawful for the Court upon such sunimons to
pronounce such judgment as the nature of the case may require.

633. The Court may give any special directions relating to the
carriage or execution of the judgment, or the service thereof on
persons not parties, as it may think just.

634. It shall not be obligatory on the Court to pronounce or nialke
a judgment or order, whether on summons or otherwise, for the
administration of the estate of any deceased person or of any trust,
if the questions between the parties can be properly determined
without.such judgment or order.





635. On an application for administration or execution of trusts
by a creditor or beneficiary under a will, intestacy, or deed of trust
where no accounts or insufficient accounts have been rendered, the
Court may, in addition to any other powers vested in it,-

(1) order that the applicatin shall stand over for a certain
time, and that the executors or adininistrators or trustees shall
render to the applicant a proper statement of their accounts, with
an Intimation that, if that is not done, they nialy be inade to pay
the costs of the proceedings ; or,

(2) when necessary, to prevent proceedings by other cred'
by persons beneficially interested, make the usual judgment or
order for administration, with a proviso that no proceedings are to be
taken under such judgment or order without the special leave of
the Court.

636. The issue of a summons under section 627 shall not inter-
fere with or control any power or discretion vested in any executor
or administrator or trustee, except so far as such interference or
control may necessarily be involved in the particular relief sought.

637. Any of the following applications under the Trustee
Ordinance, 1901, may be inade by suinnions :-

(1) for the appointment of a new trustee, with or without
a vestinor or other consequential order;


(2) for a vesting or other order consequential on the appointment
of a new trustee; and

(3) for a vesting or other consequential order in any case where
a judgment or order has been given or made for the sale, convey-
ance, or transfer of any land or stock. or for the suing for or
recovering any chose in action.

Charitable Trusts.

638.-(1) Where the appointment or removal of any trustee, or
any other relief, order, or direction relating to any charity of which
the gross annual income for the time being exceeds 300 dollars, is
deemed desirable, it sliall be lawful for any person inentioned in
the next section to make application by summons (without any

As ainendEd by No. 1 of 1912.
As amended by No. 50 of 1911.
1





information, action, or petition) to the Court in Chambers for
such relief, order, or direction as the nature of the case may
require.

(2) The Court may proceed upon and dispose of such application
in Chambers, unless it thinks fit otherwise to direct, and shall and
may have and exercise thereupon all such jurisdiction, power, and
authority, and make such orders and give such directions relating
to the inatter of such application, as night now be exercised, made,
or given by the Court in an action regularly instituted, or upon
petition, as the case may require : Provided that it shall be lawful
for the Court, where under the circumstances of any such
application it may seem fit, to direct that, for obtaining the relief,
order, or direction sought for by such application, an informa-
tion, action, or petition, as the case may require, shall be brought or
presented and prosecuted, and to abstain from further proceeding
on such application.

639 An application under the last section may be made by the
Attorneyor by all or any one or more of the trustees or
persons adininistering or claiming to administer, or interested in,
the charity which is the subject of the application, or by two or
niore nhabitants of any city, town, village, or place within wb h
the charity is administered or applicable.

640. It shall be lawful for the Attorney General, acting ex officio,
to make application by petition to the Court with respect to any
charity tinder the. provislions of the Act of Parliament 52 George III,
chapter 101.

Salc, Foreclosurc, and Redeviption.
641.-(1) Any person entitled to redeem mortgaged property
may have a judgment or order for sale instead of for redemption in
an action or other proceeding brought by hini either for redemption
alone, or for sale alone, or for redemption or sale in tile alternative.

(2) In any action or other proceeding, whether for foreclosure,
or for redeiription, or for sale, or for the raising and payment in any
manner of mortgage nioney, the Court, on the request of the
mortgagee or of any person interested either in the moitgage money
or in the right of redemption, and notwithstanding the dissent of

As aniended by No. 50 of 1911.
As aniended by No. 1 of 1912.





any other person; and notwithstanding that the mortgagee or any
person so interested does not appear in the action or proceeding,
and without allowing any time for redemption or for pajment of
any mortgage money, may direct a sale of the mortgaged property,
on such terms as it thinks just, inelludLing the deposit in Court of
a reasonable sum, fixed by the Court, to meet the expenses of sale
and to secure performance of the terms.

(3) But, in any action or other proceeding brought by a person
interested in the right of redemption and seeking a sale, the Court
may, on the application of any defendant, direct the plaintiff to
give such security for costs as the Court thinks fit, and may give
the conduct of the sale to any defendant, and may give such ditec-
tions as it thinks fit respecting the costs of the defendants or any
of theni.

(4) In any sale under this section the Court may, if it thinks
fit, direct a sale without previously determining the priorities of
incumbrancers.

642. If, in any cause or matter relating to iminovable property,
it appears necessary or expedient that the propert or ally Part
thereof should be sold, the Court may order the same to be sold,
and any party bound by the order and in possession of the property
or in receipt of the rents and profits thereof, shall. be compelled to
deliver up such possession or recelpt to the intrehaser or such other
person as may be directed by the order.

643. Where an action of ejectnient is brought by any mortgagee,
his heirs, executors, administrators, or assigns, for the recovery ol
the possession of any mortlgagedand no action
is then depending in the Court for or touching the foreclosing or
redeeming of the mortgaged property, if the person having right
to redeem the mortgaged property, and who appears and becornes
defendant in the action, at any time pending the action, pays to
the rnortgagee, or in case of his refusal, pays into Court, all the
principal money and interest due on the mortgage, and also all such
costs as have been expended in any action upon the mortgage,
(such money for principal interest, and costs to be ascertain
ed and computed by the Registrar), the money so paid to the
mortgages or into Court shall be deemed and taken to be in full
satisfaction and discharge of the mortgage; and the Court shall
discharge such mortgagor or defendant of and from the same ac-





cordingly, and shall, by order, compel the mortgagee, at the costs
and charges ol the mortgagor, to assign, surrender, or re-convey the
mortgaged property and such estate and interest as the mortgagee
has therein, and deliver up all deeds, evidences, and writings in his
custody relating to the title of the mortgaged property to the
mortgagor who has paid such money, his heirs, executors, or
administrators, or to such person or persons as he or they may for
that purpose nominate or appoint.

644. Nothing in the last section shall extend to any case where
the person against whom the redemption is prayed, by writing
under his hand or the hand of his agent or solicitor, to be delivered,
befttre the money is paid into Court, to the solicitor for the other
side, insists either that the party payina redemption has not a
right to redeem or that the premises are charyeable with other or
different principal sums than what appear on the face of the
mortgage or are admitted on the, other sede; or to any case where
the right of redemption to the mortgaged property in question in
any action is controverted or questioned by or between different
defendants in the same action ; or shall be prejudice to any
subsequent mortgage or incumbrance.


6.1.5. Any mortgagee or mortgagor. whether lecral or equitable or
any person entitled to or having property subject to a legal
or equitable charge, or any person havin'er the right to foreclose or
redeem any mortgage, whether legal or equitable, may take out as
of course an originating summons, returnable in Chambers, for
such relief of the nature or kind following as may the summons
be, specified and as the. circumstances of the case may require; that
is to say, foreclosure, delivery of possession by the mortgagor,
redemption, re-convevance, or delivery of possesion by the inort-
gagee.

646. The persons to be served with the iinder the last
section shall be such person as would be the proper defendants to
an action for the like relief as that specified by the srininions.

Assistance of ExPerts.
647-(1) A Judge in Chambers may, in such way as he thinks
fit, and, with the consent of all parties, in any action and at any
time before judgment, obtain the assistance of any accountant,

As amended by No. 5( of 1911 and No. 43 of 1912 SUPP. Sched.
As amended by No. 50 of 1911,





merchant, engineer, actuary, Or other scientific person, the better
to enable any matter at once to be determined, and he may act
upon the certificate of any sich person.

(2) The allowances in respect of fees to such person shall be re
gulated by the Registrar, slibJect to an appeal to the judge, whose
decision shall be final.

Proceedings relating to Infants, etc.

648. On any application for the appointment of a gauardian of an
infant and for an allowance for the mainteiiance of ,infant the
evidence shall show-
(a) the acre of the infant;

(b) the nature and amount of the infant's fortune and income
and

(c) what relations the infant has.

649. At any time during the proceedings in Chambers mider any
judgment or order, the Judge may, if he thinks fit, require a
guardian adto be appointed for any infant or person of
unsound mind, not so found by inquisition, who has been served
with notice of such or order.


Attendances.

650.-(1) Where, at any tline during the prosecution of a Judg,-
inent or order, it appears to the Court, with respect to the whole or
any portion of the proceeduigs, that the interests of the parties can
be classified, the Court may require the parties constituting each
any class to be represented by the same solicitor, and may direct
what parties may attend all or any part of the proceedings.

(2) Where the parties constituting any class cannot agree upon
the solicitor to represent them, the Court may nominate such
solicitor for the purpose of the proceedings before it.

(3) Where any one of the parties constituting such class declines
to authorise the solicitor so noininated to act for him, and insists
upon being represented by a different solicitor, such party shall per-
sonally pay the costs of his own solicitor of and relating to
the proceedings before the Court, with respect to which the
nomination has been made, and all such further costs as may be

As arnelided by No. 2 of 1912.
1





occasioned to any of the parties by his being represented by a
different solicitor froirt the solicitor so nominated.

651. Whenever in any proceeding in Chambers the same solicitor
is employed for two or more parties, the Court may, in its discre-
tion, requIre that any of the said parties sliall be represented before
it by a separate solicitor, and adjourn such proceedings until such
party is so represented.

652. Any of' the parlies other than those who have been directed
to attend may attend at their own expelisc, and on paying the
costs, if any, occasioned by such attendance, or, if they think fit,
they my summons for liberty to attend at the expense of
the. estate or to have the condtict of the actIon, eitheu in addition
to or in substitution for anY of the partles, who have been directed
to attend.

653. An orcler sliall be drawn up, on a suinnions to be faken out
y the plaintiff or the. parlYthe Condoct of the
slatIng the wbo have been directedto aitend and such of
them, if any as, have Clecled to altend at their own expense, and
such order shall be recited in eh Registrr's certificat


Adcertisementsfor Claimants and Creditors.
654. Where a judgment or order is given or made, whether in
Court or in Chainbers, directin in account of debts, claims, or
liabilities, or an inquiry for heirs, next of kin, or oilier unascertain-
ed persons, unless otherwise ordered, all persons who do not come
in and prove their clainis within the tline which may be fixed for
that purpose by advertisement shall be excluded froin the benefit
of the judgment or order.

055. where an advertisement is required for the purpose of any
proceeding in Chambers, a perci-tiptory advertisement, and onlY
one, shall be issued, unless for any special reason it inaly be thought
necessary to issue a second advertisement or further advertise-
ments and any advertisement sliall be repeated as niany times and
in such. papers as may be directed.

656. The advertiselment for claimants shall be prepared by the
party prosecuting the judgment or order and submitted to the Re-

* As anielided by No. 2 of 1912.





gistrar for approval, and, when approved, shall be signed by him,
and such advertisement shall be published in the Gazette.

657. The advertisement for creditors shall be prepared and signed
by the solicitor of the party prosecuting the judgment or order, and
such advertisement shall be published in the Gazette.

658.-(1) An advertisement for claimants or creditors shall fix a
time within which each claimant, not being a creditor, is to come
in and prove his claim, and within which each creditor is to send to
the executor or administrator of the deceased person, or to such
other party as the Court may direct, or to his solicitor, tole named
and described in the advertisement, the name and address of such
creditor, and the full particulars of his claim, and a statement of
his account and the nature of the security, if any, held by him.
(2) At the time of directing such advertisement, a tirne shall be
fixed for adjudicating on the claims.

659. No creditor need make any affidavit or attend in support of
his claim (except to produce his security), unless lie is served with
a notice requiring him to do so as hereinafter provided.

660. Every creditor shall produce the security, if any, held by him
before the Court at such tmic as may be specified in the advertise-
inent for that purpose, being the tinie appointed for adjudicating on
the claims, and every creditor shall, if required, by notice in writ-
ing to be given by the executor or administrator of the deceased
person or by such other party as the Court may direct, produce all
other deeds and documents necessary to substantiate his claim be-
fore the Court at such time as may be specified in such notice.

661. In case any creditor refuses or neglects to comply witli-the
requirements of the last section, he shall not be allowed any costs
of proving his claim, unless the Court otherwise directs.

662. The executor or administrator of the deceased person, or
such other party as the Court inay direct, shall examine the
claims of creditors sent in pursuant to the, advertisement, and shall
ascertain, so far as he is able, to which of such claims the estate
of the deceased person is justly liable; and he shall, at least 7 days
prior to the time appointed for adjudication, file an affidavit, to

As atnended by No. 60 of 1911.
1





be made by the executor or administrator, or one of the executors
or administrators, or such other party, either alone or jointly with
his solicitor or other competent person, or otherwise, as the Court
may direct, verifying a list of the claims, particulars of which have-
been sent in pursuant to the advertisement, aid stating to which
of such claims, or parts thereof respectively, the estate of the
deceased person is, in the opinion of the deponent, justly liable, and
his belief that such claims, or parts thereof respectively, are Justly'
due and proper to be allowed, and the reasons for such belief.

663. In case the Court, thinks fit so to direct, the making of the
affidavit referred to in the last section sliall be postponed till after
flic day appointed for adjudication, and shall then be subject to
such directions as the Court nlay give.


664. Where, on the. day appointed for adjudication, any of the
claims reinain undisposed of, an adjourninent day for hearing such
claims sha[l be fixed, and where further evidence is to be adduced,
a tline niav be nained within which the evidence on both sides is
to be closed, and directions niav be given as to the mode in which
such evidence is to be adduced.

665. At the tline appointed foror at any adjudication, or at any adjoun-
ment thereof, the Court may, in its discretion, allow any of the
claims, or ans part thereof respectively, without proof by the
credlilors, wid direct such investigation of all or any of the claims
not allowed, and require such further particulars, information, or
evidence relating thereto as it may think fit, and may require any
creditor to attewl and prove his claim or any thereof ; and the
adjudication on stich claims as are not then allowed shall be
adjourned to a time to be then fixed.

666.-(1) Notice sliall be given bythe executor or administrator,
or such other party as the Court may direct, to every creditor whose
claim, or any part thereof, has been allowed without proof by the
creditor, of such allowance, and to every such creditor as the Court
rnay direct to attend and prove lils claini or such part thereof as. is
not allowed by a tinic to be rianied in stich notice, not being less
than 7 days-after such nolice, and to attend at a time to be therein
named, being the time to which the adjudication thereon has been
adjourned.

As amended by No. 60 of 1911.
As amended by No. 1 of 1912.





(2) In case any creditor does not comply with such notice, his
claim, or such part thereof as aforesaid, shall be disallowed.

667. After the time fixed by the advertisement, no claims shall
be received (except as hercinbefore provided in case of ,in adjourn-
ment) , unless the Court thinks fit to give specialleave, on
application made by summons, and then on such terms and con-
ditions as to costs and otherwise as the Court may think fit.

668. A creditor who has come in and established his debt in
Chambers under any judgment or order shall be entitled to the
costs of so establishing his debt, and the stun to be allowed for such
costs shall be fixed by the Court, unless it tbinks fit to direct the
taxation thereof ; and the amount of such costs, or the sum allowed
in respect thereof, shall be added to the debt so established.

669. A list of all clairns allowed shall, when required by
the Court, be made out and left in the Registry by the person who
examines the claims.

670. Every notice by this Chapter required to be given to
claimants or creditors shall, unless the Court otherwise directs, be
served on the claimant or creditor at the address given in the claim
sent in by him pursuant to the advertisement, or, in case such
claimant or creditor has employed a solicitor, on such solicitor at
the address given by him.

Interest
671. Where judgnient or order is given or made directing an
account of the debts of a deceased person, unless other-wise ordered,
interest shall be computed on such debts as to such of them as
carry interest after the rate they respectively carry, and as to all
others at the rate for the time being fixed by the Court, from the
date of the judgment or order.

672. A creditor whose debt does not carry interest, who comes
in and establishes the same in Chambers under a judgment or
order, shall be entitled to interest on his debt, at the rate for the
time being fixed by the Court, from the date of the judgment or
order, out of any assets which may remain after satisfying
the costs of the cause or matter, the debts established, and
the interest of such debts as by law carry interest.

* The rate of,interest fixed is 8% per anuurn.





673. Where a judgment or order is given or made directing an
account of legacies, interest shall be computed on such legacies,
after the rate for the time being fixed by the Court, from the end of
one year after the testator's death, unless otherwise ordered, or
unless any other tinie of payment or rate of interest is directed by
the will, and in that case according to the will.

Certificate of the Registrar.
674. The direction to be given for or relating to any pro-
ceedings before the Registrar shall require Do particular form, but
the result of such proceedings shall be stated in the shape of
a concise certificate to the Judge.

(2) It shall not be necessary for the Judge to sign the certificate,
and, unless an order to discharge or vary the same is made, the
certificate shall be deemed to be approved and adopted by the
Judge.

675. The certificate of the Registrar shall not, unless the cir-
cumstances of the case ren - der it necessary, set out the judgment or
order or an` documents or evidence or reasons, but shall refer to
the Judgnient or order, docunients, and evidence, or particular
paxaiggraphs thereof, so that it inay appear upon wha the result
stated in the certificate is founded.

676.-(1) Where an account is directed, the certificate shall
state the result of such account, and not set the same out by way
of schedule, but shall refer to the account verified by the affidavit
filed, and shll specify by the numbers attached to the items in the
account which if any, of such items have been disallowed or
varied, and shall state what additions, if any, have been made by
way of surcharge or otherwise, and where the account verified by
the affidavit has been so altered that 'it is necessary to have a fair
transcript of the account as altered, such transcript may be required
to be made by the party prosecuting the judgment or order, and
shall then be referred to by the certificate.

(2) The account and the transcript, if any, referred to by the
certificate shall be filed therewith.

(3) No copy of any such account shall be required to be taken by
any party.

* The rate of iuterest fixed is 8% per annum.





677. Any party may, before the proceedings before the Registrar
are concluded, take the opinion of the Court upon any matter
arising in the course of the'proceedings without any fresh summons
for the purpose.

678. Every certificate, with the account, if any, to be filed there-
with, shall be filed in the Registry, and shall thereupon be binding
on all -parties to the proceedings, Unless discharged or varied on
application by summons.

679. Any application to discharge or vary a certificate shall be
made before the expiration of 21 days after the filing thereof.

680. The Court may, if ihe special circumstances of the case
require it, on application by motion or summons for the purpose,
direct a certificate to be discharged or varied at an), time after the
same has become binding on the parties.

Further Consideration.
681.-(1) Where aily matter originating in Chambers has, at the
original or any subsequent bearing, b6en adjourned for further
consideration. in Chambers, such matter may be brought on for
further consideration by a summons to be taken out by the party
having the conduct of the matter, after the expiration of 14 days
and within 21 days from the filinl- ol the Registrar's certificate, and
after the expiration of such 21 days by a summons to be takei~ out
by any other party.
(2) Such summons shall be in the following form
That this matter, the further consideration whereof was adjourn
ed by the order of the day of , 19 , may
be further considered, and shall be served 10 days before the
return.

(3) This section shall not apply to any inatter the further con-
sideration whereof has, at the original or any subsequent hearing,
been adjourned into Court.

Registering and Drawing up of Orders
682. Notes shall be kept of all proceedings in Chambers, with
proper dates, so that all such proceedings in each cause or matter
may appear consecutively and in chronological order, with a short
statement of the questions or points decided or ruled at every hear-
ing.





683. -Every order made in Chambers shall, unless the Court
otherwise directs, be drawn up or settled and signed by the
Registrar ; and all orders so drawn up sh all be filed in the Registry.

684. An order signed by the Registrar, or a note or memorandum
indorsed on the summons upon which any such order was made and
signed or initialled by the Judge, shall be sufficient evidence of the
order having been made.

685. The Court may in any case, if it thinks fit, direct that any
of the powers and duties conferred and imposed on the Court by the
preceding provisions of this Chapter shall be exercised and
performed by the Registrar, but sulAect to the right of the parties
to bring any particular point before the Court.

CHAPTER XXX.
VARIOUS PROVISIONS.
Sittings of the Court.
686. The Court may, in its discretimn, appoint any day for the
trial and hearing of causes and matters, as circumstances may
require.

687.The sittings of the Court for the trial and hearing of causes
and matters shall ordinarily be public ; but the Court may try or
hear any particular cause or matter in the presence only of the
parties and their counsel and solicitors and the officers of the
Court.

688. Subiect to any special arrangements for any particular day,
the business of the day at any sitting of the Court shall be taken, as
nearly as circumstances permit, in the following order:-

(1) at the commencement of the sitting, judgments shall
be delivered in causes or matters standing over for that purpose
and appearing for judgment in the trial paper;

(2) ex parte motions or motions by consent shall then be taken
in the order in which the motion papers have been filed;

(3) opposed motions on notice, and orders to show cause return-
able on that day, shall then be taken, in the order in which these
matters respectively stand in the trial paper -, and

The Chapter as ren--bered by No. 36 of 1911.
As amended by No. 1 of 1912.





(4) the causes in the trial paper shall then be called on, in their
order, unless the Court sees fit to vary that order.

Seal of tile Court.
689. Every writ, summons, warrant, Judgment, rule, order, no-
tice, and other document issuing from the Court shall be, sealed
with the seal of the Court, and be returned for the
of being filed in the Registry.

Cause Book.
690.(1) The Eegistrar sliall keep a book called the
Book, which shall coiflain a register of the proceedings in all
actions brought in the court.
(2) Every actloii or other proceeding, however instituted, undel.
the provisions of this Code, shall be numbered in each Year accord-
ing to the order in which the same is con-inienced.

Certoin genera poucers of the Court.
691. The Court may, if it lhinks it expedient for the interests
ject of postpolle or adjourn the trial or hearing of any cause,
matter, proceeding, or applicationfor such tme and on such terms,
if any, as it may think just.

692. Where any lininovable, or movable property forms the sub-
ject of any proceedings in the Court, and the Court is satisfied chat
the same will be inore than sufficient to answer all the clainis
thereon which ought to be provided for in such proccedings, the
Court may, at anY fline after the conirtiencement of the proceed-
ings, alloW to the provided interested thercin, or to any one or more
of tbeni, the whole or a part of the annual income of the
immovable properts, or a part of the movable property, or the
whole or a part of the inconie thereof, up to such tinie as the Court
may direct.
[s. 693, rep. No.36 of 1911]

Swnnary application in certain casc

694. All proceedings in cases within section 504 of the Mechant
Shipping Act, 1894, shall be by surnmary application to the Court
and by way of motion supported by affidavit; and the Court shall,

* As anienJed by ~~o. 1 of 1912.





if it thinks fit, by rule or order, give such relief as by the said sec-
tion any such competent Court as is, mentioned in the Act has
power to give.

Irregidarity in Proceedings.

695. Non-compliance with any of the provisions of this Code,
or with any rule of practice for the time being in force, shall not
render any proceeding void unless the Court so directs, but such
proceeding may be. set aside either wboll.y or in part as irregular,
or amended, or otherwise dealt with in sneli inanner and on such
terms as the Court may think fit.

696. No application to set aside any proceeding for irregularity
shall be allowed unless inade within a reasonable time, nor if the
party applying has taken any fresh slep after knowledge of the
irregularity.

697. Where an application is inade to set aside any proceeding
for irregularity, the several objections to be insisted upon shall be
stated in the summons or notice of motioll.

698. When a sumnions is taken out to set aside any process or
proceeding for irregularity with costs, and the surnnions is dis-
missed generally without any special direction as to costs, it is to
be understood as dismissed with costs.

Provisions reffitIng to Tinw.

699.-(1) Nothing in this Code shall affect the power of the
Court to enlarge or abridge the tinie appointed or allowed for the
doing of any act or the taking of any proceeding on such terms as
justice may require.

(2) Where the Court is by this Code or otberwise authorised to
appoint the time for the doing of any act or the taking of any
proceeding, or to enlarge the time appointed or allowed for that
purpose by this Code or otherwise, the Court may further enlarge
any time so appointed or enlarged by it, on such terms.as may
seem just, whether the application for further enlargement is made
before or after the expiration of the time already allowed : Provided
that no such further enlargement shall be made unless it appears
to the Court to be required for the purposes of justice, and not
sought merely for delay.





700. The time for filing or amending any pleading, answer, or
other document may be enlarged by consent in writing, without
application to the Court.

701.-(1) Where, by this Cotle, or by any special order, or by
the course of the Court, any limited tline, from or after any date or
event is appointed or allowed for the doing of any aet or the taking
of any proceeding, and such time is riot limited by hours, the
computation of such linilted tinie shall not include the day of such
date or of the happening of such event, 1)iit shall commence at the
beginning of the next following day, arid the act or proceed-
ino, must be done or taken at latest on the last day of such Ilinited
time, according to such computation.

(2) Where the limited time so appointed or allowed is less than
6 days, public holidays and general holidays, as defined by Ordi
nance No.5 of 1912, shall not be reckoned in the computation of
such time.

(3) Where the limited tline so appointed or allowed is less than
one of the days last mentioned, the act or proceeding sliall be coil-
idered as done or taken in dire tline if done or taken on the next

day afterwards that is not one of the last-inentioned days.

(4) The day on which an order that a plaintiff shall give
security for costs is served, and the tinie until and
including the day on which such security is given, shall not
be reckoned in the computation of the tinic allowed to the
defendant for filing his statement of defence.

(5) Nothing ill this section shall allect the provisions of
the Supreme Court (Vacations) Ordinance, 1898.

Commissioners for Oaths.
702-(1) The Chief Justice may, by a commission signed bY
him, appoint fit and proper persolis to be commissioners to
administer oaths and take declarations, affirinations, and attesta-
tions of honour in the Court, and may revoke any such appointment.

(2) Every person so appointed shall be styled a Commissioner for
Oaths, and shall have all the powers and discharge all the duties
which now belong to the office of a commissioner to administer
oaths.

As amended by No. 2 of 1912 and No. 43 of 1912 Supp. Sched.
As amended by No. 50 of 1911,





703. Every person who, being an officer of or performing duties
in relafion to the Court, is for the time being so authorised by the
Court or by or ill pursuance of any rules or orders regulating the
procedure of the Court, and every person who is directed to take
an examination ill any cause or matter in the Court, shall bay(,
authority to administer any oath or take any aflidavit required for
any purpose connected with his duties.

704. No writ of attachment shall be issued without the leave of
the Court, to be applied for on notice to the party against whom
the attachnient is to be issued.

705. A writ of attachment shal have teh same effect as a writ
of attachmemnt issued out of the Court in its equity jurisdiction
formerly had.

706. No Jadge, Magistrate, or ofber Judicial officer shall be liable
to arrest under civil process while going o, presiding in, or return-

Sacing.
707. Nothing in this Code shall alfect the provisions of the Aet
8 & 9 Williain III chapter II, as to the assigninent or suggestion
of breaclies or as to judginent for a penalty as a security for
dainages in respect of further breaches.

Publication of
708. In any case in which the publication of any notice is re-
quired the provisions of the Code, the sanle niav be made by
advertisement in the Gazette, unless otherwise.provided by this
Code or otherwise ordered by the Court.

Forms.
709-(1) The fornis contained ill the schedule may be used in
the cases to which they respectively have reference witil suell
variations and additions as the circumstances of the particular case.
may require, and shall, as regards the forin thereof, be valid and
sufficient.

As amended by No. 1 of 1912.
As amended by No. 50 of 1911, No. 2 of 1912 and No. 43 of 1912
Supp. Sched.





(2) The Chief Justice may alter any of the said forms or
substitute other forms therefor; and every such altered or substi-
tuted form shall be published in the Gazette.

(3) So far as the said forms may be incomplete, all forms
at present in use in the Court, with such variations and additions
as the circumstances of the particular case rnay require, may be
used for the purpose of carrying out the provisions of this Code,
and shall, as regards the form thereof, be valid and sufficient.
[s. 710, rel). No. 1 of 1912.]



SCHEDULE.

TABLE OF FORMS.

Is. 7 09. ]

1. Writ of Summons.
2. Specially Indorsed Writ of Summons.
3. Originating Summons Inter PaTtes.
4. Originating Summons not Inter Partes.
5. Ex Parte Originating Summons.
6. Notice of Appointment to hear Originating Suminons.
7. Writ for Service out of the Jurisdiction, or wliere notice in lieu of
service is to be given out of the JurisIdiction.
8. Specially Indorsed Writ of Summons for Service out of the
Jurisdiction.
Su. Notice of Writ in lieu of Service to be given out of the Jurisdic-
tion.
8b. Letter forwarding request for service abroad,
8c. Request for service of notice abroad.
8d. Letter forwarding request for substituted service.
Se. Order givihg liberty to bespeak request for service abroad.
8f. Certificate of service of foreign process.
9. Memorandum of Appearance.
10. Affidavit for Entry of Appearance as Guardian.
11. Memorandum of Notice of Judgment [or Order].
12. Third Party Notice.
13. Summons for Third Party Directions.
14. Order for Third Party Directions.
15. Statement of Claim.
16. Statement of Defence.
17. Counterclaim.
18. Reply.
19. Statement of Defence, including an Objection in Point of Law.
20. Interro-atories.
21. Answer to Interrogatories.
22. Affidavit of Documents.
23. Entry of Special Case.
24. -Notice of Motion.
25. Summons Inter Paries.

41 As amend7ed by No. 2 of 1912.





26. Ex Parte Summons.
27. Order.28. Prevcipe for Writ of Execution of Judgment for Immovable
Property.
29. Writ of Execution of Judgment for Immovable Property.30. Writ of Execution of Judgment for Money by Attachment of
Property.31. Prohibitory Order for Attachment of Movable Property in Execu-
tion.32. Prohibitory Order for Attachment of Immovable Property in
Execution.
33. Affidavit in Support of Garnishee Order.
34. Garnishee Order attaching Debt.
35. Garnishee Order Absolute.36. Notice to Judgment Creditor of Application bY Prisoner for Debt
to be discharged.
37. Order for Discharge of Prisoner for Debt from Prison.
38.Writ of Foreign Attachment.
39.Bond in case of foreign Attachment.
40.affidavit on Interpleader.
41.Order for issue of Warrant fro Arrest off Absconding Defendant.
42.Warrant for giving of Bail by Absconding Defendant.
43.Order for givign of Bail by Absconding Defenan.
44.Bail-ond of Asconding Defendant.
45.warrant for Bailiff to call upon Defendant to give Security to
produce property.
46. Advertisement for Claimants not being Creditors.
47. Advertisement for Creditors.
48. Cause Book.
49. Order for taking evidence for Foreign Tribunal.
50. Certificate of Registrar forwarding depositions.

FORMS.

FoRm No. 1.

writ of Summons.

IN THE SUPREME CoUnT OF HongKong
ORIGINAL JURISDICTION. Between C.D. Defendant


George the Fifth, by the Grace of God, &-c.

To O.D., of

O.D., Defendant.

[S. 7.]

Action No. of 19

We conimand you that isithin eight days after the service of tbis writ on you, in
clusive of the day of such service, you causke an to be entered for you in
an action at the suit of A.B.; and take nolice that, in default of your so doing, the
Court may give leave to the plaintiff to proceed ex parle.

Witness the Honourable , Chief Justice of Our said
Court, the day of 19 '

* As amended by No. 1 of 1912 and No, 43 of 1912 Supp. Sched.





Memorandum to be subscribed on the Writ.
NOTE-This writ is to be served within twelve calendar rriontlis from the date
the~cof, or, if renewed, within six calendar months from the date of the last renewal,
including the day of such date, and not afterwards.

The defendant may appear hereto by entering an appearance, either personally or by
solicitor, at the Registry of the Supreme Courjin Victoria, Hongliong.

Indorsements to be made on the Writ before he issue therof.
The plaintiff's claim is (1).

This writ was issued by the plaintifT, who at (2)
This writ was issued by k.F., solicitor for the plaintiff, wbo resides, at (2) .1

Indorsement to be, inade on the TUrit after se
This writ was served by me at
on day, the day of

Indorsed the day of

1

' 19 .

' 19

(Signed.)

(Address.)

FORM No. 2.

Specially Indorsed lf'vjt of

IN THE SUPREME COURT OF LIONGKONG,
ORIGINAL JURISDICTIOBetween A.B., Plaintiff,
and
C.D., Defendant.

on the defendant C.D.

[8. 19.1

Action Xo. of 19

Goorge the Fifth, by the Grace of God, &-c.
To C.D., of

We command you that within eight daYs after the service of this writ on you,
inclusive of the day of such service, you cause an appearance to be entered for you I'll
an action at, the suit of A.B.; and take notice that, in default of -oui. so doing, the
plaintiff may proceed therein, and judgment may be given in your ~bsence.

Witness the Honourable , Chief Justice of Our said
Court, the day of 19 .

Memorandum to be subscribed on the Writ
NOTE-This writ is to be served within twelve calendar inonths from the date
thereof or, if renewed, within six calendar nionths from the date of the last renewal,
including the day of such date, and not afterwards.

The defendant may appear hereto by entering an appearance, either personally or by
solicitor, at the Registry of the Supreme. Court in Victoria, Hongkong.







* As amend,~d by No. 43 of 1912 Supp. Sched.





Indorsements to be made on the Writ bvlore the issue thereot.

The plaintiff's claim is (1).

Statement of Claim.

Particulars.

(Signed.)

And the sum of $ for costs. If tile amount claimed is paid to the plaintiff or
h solicitor or agent within four days from the service hereof, further proceedings
will be stayed.

This writ was issued by the plaintiff, who resides at (2)
issued bY E.F., solie;tor for the plaintiff, wbo resides at (2)

to be made on the Writ a.fler service therro.f

This writ was served by me at
daY, the day of

Indorsed the day of

' 19 .

' 19

(Signed.)

(Address.)

Fowsi No. 3.

Originating Summons Inter Partes.

IN THE SUPERME COURT OF HONGKONG,

ORIGINAL JURISDICTION.
and
C.D., Defendant, (1).

Let This writ wa,,

on the defendant C.D. of

[s. 26.1

Action No. of 19

Let C.D., of 1 within eight days a fter the service of this summons oil
him, inclusive of the day of such service, cause all appearance to be entered for him to
this summons, which is issued on the application of ' of , ~Aho claims to
be (2) , lor the determinaion of the following questions (3) :-

Dated the day of

This summons was taken out by
named

' 19

' of







, solicitor for the above-

The defendant may appear hereto by enlering an appearance, either personally or by
solicitor, at the Registry of the Supreme Court in Victoria, Hongkong '

Note-If the defendant does not enter an appearance within the time and at the
place above mentioned, such order will be made and proceedings taken as the Court
may think just and expedient.





FoRm No. 4.
Originating Summons not Inter Partes.
Acti
IN THE SUPREME COURT OR HONGKONO,

ORIGINAL JURISDICTION.
In the Matter of the Trusts of the Will of A.B.

And in the Matter of the Trustee Ordinance, 1901.
[or as the case may be].

To 1 of

[s. 26 1

Let ' of , within eight days after the service this sullinions
on bina inclusive of the. day of such service, cause an appearance. to be for him
to this surrimons, which is issued on the application of of for all
order that (1).

Dated the day of

' 19 .

This summons was taken out by of solicitor for the above-
named



The respondent may appear apear by entering an appearance, either personally or by
solicitor, at the Registry of the Supreme Court in Victoria, Hongkong.

NOTE-If the respondent does not enter an appearance within the time and at the
place above mentioned such order will be made and proceedings taken as the Court
may think just and expedient.

In the Matter of A.B., an Infant.

To

Let all parties concerned attend at the Charnbers of the Honourable at
the Supreme Court, at, o'clock in. the day of
, 19 , on the hearing of an application on the. part of the above-
named A.13---an infant, by C.D., his next friend, that (1).

Dated the day of

This summons was taken out by of

1 Of

Fopm No. 5.
Ex Parte Originating Summons.

IN THE SUPREME COURT OF HONGKONG,

ORIGINAL JURISDICTION.

[s. 26.1,

Action No. of 19

' 19







FoRm No. 6.
Notire of Ippointr~ient to hear Originating Summons.
[Title as is Form No. 3 or No. 4.]

To (1) 1 Of

Take notice that you are required to attend at the Chambers of the Ijonourable
, at the Supreme Court, ato*clock m. on
day, the day of , 19 , for the hearing of the originating

, solicitor for the applicant.

[s. 29.]





summons issued herein oil the day of , 19 , and that if yo
do not attend, either in person or by solicitor., at tile place and Gule, mentioned, such,
order will be made and proceedings taken as the Court may think just and expedient.

Dated the day of

' 19

(Signed.)

Solicitor fir the plaintiff [or applicant].

Form No 7.

[s. 42.]

Writ for Service oat of the Jurisdiction, or where Notice in licu of Service
is to be given oat of tile Jurisdiction

(Title, dic.) (a)

George tile Fifth, by the Grace of God, &c.

To C.D., of

We command you, C.D., that within
fhere insert the naktiber of days directed by the Court or Judge ordering the service or
notice] after the service of this writ LOT no tice of this Icrit, as tile Cuse amy beil 011
you, inclusive of the day of such services, you (to cause an appearance to be, entdred
for you in the Jurisdiction of the Supreme Court of Hongkong ill all
action at the suit of A.B. ; and take notice, that in default of your so doing the plaill-
tiff inay proceed therein, and judginent maY be given in your abseuce. Witaiess, &e.

Memoranda, to be subscribed on writ.

N.B.-This writ is to be served uitbin twelve calendar nionths froin the date hereof,
or, if renewed, within 6 calendar nionths from the (late of the last reneival, including
the day of such date, and riot afterwards.

The defendant (or defendants) may appear hereto by entering an appearance (or
appearances) either personally or by a solicitor, at the Regi,tn of the Suprenie. Court
Hongkong.

Indorsenients to be niade on the Writ before. issu
The plaintiff'- claim is for, &c.

This writ was issued by the plaintiff who resides at or, this writ
was issued by E.F., ofwhose address for service. is solicitor for
the said plaintiff, who resides at , or this writ was issued by G.H. of
whose address for service is agent for of
solicitor for the said plaintiff, wbo resides at (knenlion lite city, lount, or village,
and also the name of the street and n2gniber of the house of the plaintiff's residence, if
any).

N.B-This writ is to be used where, the defendant or all the defendants or one or
more defendant or defendants is or are out of the jurisdiction.

When the defendant to be served is not a British subject, and is not in British
dominions, notice of the writ, and not the writ itself, is to be served upon him.

1 1 *As amended by G. N. 99 of 1912.





Indorsements to be made off the writ (b) after service thereof.
This writ was served by me at
on the day of

Indorsed the day of

' 19

(Signed.)
(Address.)

' 19 .

Notes.-(a) If the actionis for administration the writ must be headed 'In the
matter of the Estate of deceased -. 11 it is a debenture action
tile writ must be headed.' Ill the matter of Company
(b) Within three days.

[Note-The above indorsement - N.B.- must be, oil any coneurrent skrit for service
out of tile jurisdiction, or of isiliell notice is to be served (lit of the jurisdicition. The
indorsement - N.B.- need not bp, made oil a kkrib against defendants domiciled abroad
but whom it is intended to serve within the jurisdiction.,'

Foitx No. 8.
Spccially lndorecd Writ for Service out of the if,
(Title.)
George theFifth, by the 6race of God. &c., to
of

[s. 42.1

. of ' ill the

We command you that within* days fter service of this writ on you,
inclusive of the day of such service, You Cause all appearance to' be entered for you in
all action at the suit of

And take notiec, that ill default of yokiu so, doing the plaintilf way proceed therein,
and judgment be given in your absence.

Witness, &c.

N.B-This writ is to be used,.&-c. ras ill Form No. 7,

Appearance is to be entered at the Registry of the Suprene court, Hongkong
Statment of Claim:
Tile plaintill's claim is

Place of trial

And $

Statement of Claim :

Particulars - -

(Signed.)
[or such sum as may be alioxsed on taxation] for cost. If the
amount claimed is paid to the plaintiff or 11 ,~olicitor or
agent within* davs from servicel hereof further proceedings will be stayed.
This writ was issued, &c. Fsee Form No. 7 supra.,
This writ [or notice of this writ] was served, &c.
N.B.-This writ is to be used, [as in Form No. 7 supra.]







As artlended`by G. N. 99 of 1912.




FoRm No.8a.
Notice of Writ in lieu of Service, to be yiven out of the Jurisdiction.
(Title, &C.)

To G.H.' of
Take notice, that A.B., of, has commenced an action against you, G.H.,
in the Jurisdiction of the Supreme Court of Hongkong by writ of that Court,
dated hhe day of , A.D. 19 ; which isrit is indorsed as follows.
[copy in full the indorsemcnts], and you are required within days after the receipt
of this notice, inclusive of the day of such receipt, to defend the said action, by causing
ain appearance to be entered for you in the said Court Go the said action; and in default

of you so doing the said A.13. may proceed therein. and judgment may be given in
al)
You may appear to the said N)rit by entering an appearance personally or by you,
solicitor at theRegistry of the Supreme Cort, Hongkong.
(Signed.)

A.B. of &c.
or Z.Y. of &c.
Solicitor for A.B.

N.13-This notice is to be used ishere the person to be served is not a British
subject and is not in British dominions.

FOLim No. 8b.

Is. 42 (8).]

Letter fonvarding Request for Service Abroad.
The Chic]* Justice of the Supreme Court of Hongkong presents his compliments to the
Colonial Secretary and beg., to enclose a notice of a writ of summons issued in an
action of versus pursuant to order
out of the Supreme Court of llongkong in order that necessary steps may be taken to
ensure its transmission to the proper authorities in [name of country] with the request
that the same may be served personally upon [name of defendant to be served] against
~kbom proceedings have been taken in the said Supreme Court, and with the further
request that such evidence of the service of the same upon the said defendant may be
officially certified to the said Supreme Court, or declared upon oath or Otherwise in such
inanner as is consistent with the usage or practice of the Courts of the Enaule of coun-
iry] in proving service of legal process.

The Chief Justice begs further to request that in the event of efforts to effect
personal service of the said notice of writ proving ineffectual the Government or Court,
of the said country be requested to certify the same to the said Supreme Court.

Fopm No. So.
Request for Serrice of Notice Abroad.

(Title, &c.)
I (or we) hereby request that a notice Of writ of summons in this action be. trans-
mitted through the proper channel to [name of country] for service [or substituted
service] on the defendant[namein him] at [address of defendant] or elsewhere in
[name of country].

[s. 42 (8).]

And 1 (or we) hereby personaliv undertake to be responsible for all expenses incurred
by the Colonial Secretary in respect of the service hereby requested, and cm receiving






due. notification of the amount of such expenses I (or we) undertake to pay the same

As amended by No. 36 of 1911.
As amended by G. N. 99 of 1912.





to the Chief Gerk at the Secretary's Office, and to produce the receipt for
such payment to the proper officer of the Supreme Court.

Dated, &-c.

(Signature of Solicitor.)

FoRm No. 8d.
Letter jowarding Request for Subslituled Service.

[s. 42 (8).]

(Title, dc.)
The Chief Justice of the Supreine Court presents his complaiments to the Colonial
Secretary and begs to ellc?ose a Itotice of a writ of sullillions ill the case of
versus in which the piaintiff has obtained all order of the Supreme court
(which is dso enclosed) giving letA-e to bespeak a request that the said notice, of writ
may be served by substituted service on the defendant
at in the [name of country]

The Chief Justice requests that tile said notice of writ and order Ulay be forwarded
to the proper authority in [na7ne of country] with the request that the same may be
transmitted by post addressed to the defendant at (the
last known place of abode or the place of business) of the said. defendant, or there
delivered ill such nialiner as may be consistent with the usage or practice of the Courts
of [name of coutry] for service of legal process where personal service canilot be
effected; and with the further request that the same may be officially certified to the
Suprenke Court of llongkong or declared upon oath, or otherivise, in such manner as is
consistent with the practice of the Courts of the Inain6 of country] in proving service
of legal process.


Oreler giving liberly to bespealc Request jor Substituted Sercice Abroad.
(Title, &c)
Upon reading the [certificate, declaration, or, as the cuse may be, describing the
same.]

It is ordexed that the plaintiff be at liberty to bespeak a request for substituted
service of notice of the writ of summmons herein on the defendant at
or elsewhere in the lizaine of country] and that the said
days after such substituted service within which to

defendant have
enter appearance.

Dated this day of

1 Registrar of the Supreme Court of Hongkong
hereby eertif.s that, the docuillents annexed hereto are as follows
(1) The original letterof request for service of process recehed from the Court for
Tribunal] at in the

' 19 '

Form No, 8f.
Ceffificalc of Service of Foreign 1'iuecss.

[s. 42a.]

and :

of

(2) The process received with suell letter of request, and
(3) The evidence of service upon






request, together with the verifiration of a Notary Public.

As amended by G. N. 99 of 1912.
As aniendord by G. N. 274 of 1911.

in the matter of

tile person named in such letter of







And I certify that suell Service so proved, and flie proof thereof, are such as are
required by the laiv and practice of the Supreme Court oi Hongkong regulating the
service of legal process in llongkonff and Gie proof thereof.
And 1 certify that. the cost of effecting such service, as duly certified by the Taxing
Officer of tile Supreme Court of Hongkong, amounts to the sum of

Dated this day of ' 19 .

(Signed.) Registrar

FORM No. 9.

Memorandum of Appearance.

IS THE SUPLEME COUCT OF HONGKONG,

ORIGINAL JURISDICTION
and
C.D., Defendant.

Enter an appearance for the defendant C.D. in this action.

Dated the day of

1, ' of

Registrar.

[s. 46.1

Action No. of 19

' 19

(Signed.) C.D.' of
[or E.F.,
Solicitor for the defetidairt C.D.]

Form No. 10. [s. 70.]



Affidavit for Entry of mak oath and say as follow:-
Action No.of 19
IN TUE SUPREME COURT OF HOINGEONG,
ORIGINAL JUIASDICTION.
Between A.B., Plaintiff,
and
C.D., Defendant.

I make oath and say as follows :-

E.F.' of to the best of best of my knowledge, informatin, and belief, is a fit.and
proper person to act as guardian ad litcin of the above-lianied infant. defendant, and
has no interest ill the matters in question in this action [or matter' adverse to that
of tbe. said infalit, and the consent of the said E.F. to act as such guardian is hereto
annexed.

Sworn, &c.

[To this aflidavit niast be annexed the docunient signcd by the guardian in testimony
of his consent to act.]







FoRx No. 11.

[S. 81.1

Menloranduni of Notice of Judgment [or Order.]
Take notice that, from the time of the service of this notice, you [or, as the case nza
be, the infant or the person of unsound mind] will be bound by the proceedings in the





above cause in the same manner as if you [or the said infant or the said person of
unsound miDd] had been originally made a Party, and that you [or lbe said infant or
the said person of unsound mind] May, oil entering all allpearance at the Registry of
the Supreme Court in Victoria, Hongkong, attend the proceeding under the within-
mentioned judgment [or order], and that You for the said infant or the said Person of
unsound mind] may, within one month after the geevice of this notice, apply to the
Court to add to the said judgment [or order]

FROM No. 12.
Third Party Notier.

IN THE SUPREME COURT OF
ORWIXAT,Between A.B., Plaintiff,
and
C.D., Defendant.

To E.F., of
Take notice that this action has been brught by the plaintiff against the defendant
(as surety for M.N.) uon a bond conditioned for payment of $2,000 an interest to
the plaintiff.


[S. 85.1

Action No. of 19

Notice filed ' 19

The defendant claims to be enitled to contribution from you to the extent of one-
half of any sum which the plaintiff may recover gaint him, on the ground that you
are [his co-surey under he said bond; or also surety for the sail M.N., in respect of
the said matter, under another bond made by you in favour of the said plaintiff, date
the day of ,19 ]



Or [as acceptor of a bill of exchauge for $5,000, dated the day of
19. , drawn liv vou upon and accepted by the defendant, and
payable three month, after date.

The defendant claiins to be indernnified by you againt under flie said bill,
-on the ground that it was accepted for your accomodation]-

Or [to recover dantages for a breach of a contract for the sale and delivery to tile
plaintiff of 1,000 tons of coal.

The defendant claims to be indemnified by you against liability in respect of the
said contract, or any breach thereof, oil the gi.ound that it inade by him on yonr
behalf and as your agent.]

And take notice tliat, if veil to dispute tile Plaintiff's claim in this action as
against the defendant C.D. or your liability to tile defendant C.D., You must cause an
appearance to be entered for you within eight days alter the servico of this notice on
you, inclusive of the dav of slich service.

In default of your so appearing, you will be deemed to adinit the validity of ally
judgment obtained by the plainfiff against the defendant C.D.. and Your own liability
to contribute or indemnify to the exteiit herein claimed, which may be summarily
enforced against YOU Pursuant to Chapter 11 of the Code of Civil Procedure

Dated the day of







' 19 .

(Signed.) C.D., of
[or G.H.,
Solicitor for the defendant C.D.1

NOTE-Appearance-is to be entered at the Registry of the Supreme Court in Victoria,
Hongkong.









FoRm No. 18.

Summons for Third Party Directions.

IN THE SUPREME COURT OF HONGKONC
ORIGINAL JURISDICTION.

and
C.D., Defendant.

[8. So.]

Action No. of 19

Let all parties concerned attend at the Chambers of the Honourable ' at
the Supreme Court, at o'clock m. on day, the day of
, 19 , on the hearing of an application oil Ge part of
for an order for third party directions as follows :-that the defendant file a statement
of his cluitn against the third party within days from this date, who shall plead
thereto withindays; and that the said third party be at liberty 1LO appear at the
trial of this action, and take such part as the Court shall direct, an5 be bound by tha
result of the trial; and that the question of the liability of the said third party to
indemnify the defendant be tried at the trial of this action, but subsequent thereto.

Dated the day of

' 19 .

This surnmons was taken out by solicitor for

FROM NO. 14

Order for Third Party Directions.

IN THE SUPREME COURT OF HONGKONG,
ORIGINAL JURISDICTION Between A.B., Plaintiff,
and
C.D., Defendant.

[S. 90.]

Action No. of 19

(1) in Chambers.
Upon bearing the solicitors for the plaintiff defendant, and third party, It 1,
ordered that the defendant file a statement of his claim apinst the said third party
within days from this date, who shall plead thereto within days; and
that the said third party be at liberty to appear at the trial of this action, and take
such part as the Court shall direct, and be bound by tile result of the trial; and that
the question of liability of tile said third party to indemnify the defendmit be tried
at the trial of this action, but subsequent thereto; and Chat tile costs of this application
be

Dated the day of

' 19 ~

Form No. 15.

Statement of Ciaim.

IN THE SUPREME COURT OF HONGEONG,
ORIGINAL JURISDICTION.
Between A.B., Plaintiff,
and
C.D., Defendant.





Statement of Claim.
The plaintiff's claim is for work done and materials provided by the plaintiff for the
defendant at his request.





Particulars -
1909. ist January to 31st May. To rebuliding house at $ c.
Victoria, as per contract dated the 24th Dec;inbeu, 1908 5,400, 0
To extras, as per account delivered

Paid on account

. 0
243 00

5,643 00
........................................................... . 3,000 00

Balance due ............2,643 00

The plaintiff also seeks to recover interest on the abow-balance froni the. 31st May,
1909, till payi-neiit'or judgment.

(Signed.)

FoRm No. 16.

Statement of Defence.

IN THE SUPRE2VE COURT OF HONGKONC,
ORIGINAL JURISDICTION.
Between A.B., Plaintiff,
and
O.D., Defendant.

Statement of Defence.

I's. 143.]

Action No. of 19

The defendant says that-
1. Except as to $200, parcel of the tuoney claimed, the architect did not grant his
,Certificate pursuant to the contract.

2. As to $200, parcel of the money claimed, 1he defendant brings [or has brought]
into Court $200, and says that that sum is enough to satisfy the plaintiff's claim herein
pleaded to.

(Signed.)

FoRm No. 17.

I-N THE SUPREME COURT OF 11ONGKONG,
ORIGINAL JURISDICTION.
Between A.B., Plaintiff,
and
C.D., Defendant.

The defendant says that-

F
,s. 163.]
Action No. of 19

Counterclaim.

1. The contract mentioned in the statement of claim herein cont.ained a clause,
whereby it was provided that the plaintiff should compleLe the works by the 31st March,






1909, or in default pay to the defendant $10 a day for every subsequent (lay during
which the works should remain unfinished, and they so remained unfinished for 61 days
to the 31st May, 1909.

The defendant counterclaims $610.

(Signed.)

As amended by No. 43 of 1912 Supp. Sched.





FoRm No. 18.
Reply.

IN THE SUPREME COUnT OF KONGKONG,
ORIGINAL JURISDICTION.
Between A.13, Plaintiff,
and
C.D.., Defendant.

Reply.

[8 168.1

Action No. of 19

The plaintiff says that---

1. As to the first paragraph of the statement of defence, he join issue,

2. As to the second paragraph thereof, lie accepts the $200 ill satisfaction.

The plaintitl as to the counterclaim says that -

3. The defendant waived the liquidated dainages by ordering extras and material
alterations in the works.

4. The defendant waived the liquidated daniages by preventing the plaintiff froill
having access to the prernises till a week after the agreed time.

(Signed.)

NOTE-The latter part, of this Forin applies olil.~ where the Counterclaim flas been
filed before the llepl,\-.

FORM NO. 19.
Statement of Delenee including an Objeclior, lit point of Lam.
Action 'No. Of 19

IN THE SUPREME COURT OF HONGKONG,
ORIGINAL JURISDICTION.
Between A.B., Plailitift,
and
C.D., Defendant.

Statement of Defence.

[s. 174.]

The defendant says that---

1. The goods m-ere not supplied to E.F. oil the guarantee.

2. The defendant will object that the guarantee discloses a past consideration on the
face of it.

(Signed.)

FoRm No. 20.
Interrogatories.

[S. 188.1

Action NO. of 19
IN THE SUPREME COURT OF HoNGKONG,






ORIGINAL JUR1SDICTION.
Between A.B., Plaintiff,
and
C.D., E.F. and G.H., Defendants.

Interrogatories on behalf of the above-named plaintiff [or defendant C.D.] for tile
examination of the above-named defendants E.F. and G.H. [or plaintiff]





1 Did not, etc.

2. Has not, etc.

etc., etc., etc.

[The defendant E.F. is required to answer the interrogatories numbered

[The defendant G.H. is required to answer tile interrogatories numbered

FORm No. 21.
Answer to Interrogatories.

IN THE StPREME COURT OF HONGKONG,

ORIGINAL JURISDICTION.

Between A.B., Plaintifl,
and
C.D., E.F., and G.H., Defendants.

[a. 192.]

Action No. of 19

The answer of the above-natned defendant E.F. to interrogatories Ifor his examination
by the above-named plaintiff.

In answer to the said interrogatcries, I, the above-iiained E.F., make Oath and sa'
as follows

Sworn, &-c.

FORM No. 22,
Affidavit as to Doeuments.

Es. 196.1

Action No. of 19

IN TRE SUPILEME COURT OF HONGKONG,

ORIGINAL JURISDICTION.

Between A.B., Plaintiff,
and
C.D., Defendant.
I, the above-named defendant G.D., make oath and say as folloiis

1. I have in irly possession or power the docuilients relating to the matters ill ques-
tion in this action set forth in the first and second parts of the first schedule hereto.

2. 1 object to produce the said documents set forth ill the second part of the said
first schedule. hereto.

3. Tile grounds [here state upon what grounds the objection is made, and verify tile
facts as far as ntay be].

4. 1 have ]lad, but have uot now, in my possession or power the documents relating
to the matters in question in this aotion set forth in the second schedule hereto.

5. Tile last-mentioned docuinents were last in my possession or power oil [state
w~enj.
6. The said last-nientioned documents rhere state what has become of the last.
mentioned documents, and in whose possession they now are].







7. ' According to the best of my knowledge, information, and belief, I have not now
and never had in my possession, custody, or power, or in the Possession, custody, or
power of my solicitors or agents, solicitor or agent~ or in the possession, custody, or
power of any other persons orperson on my behalf, any deed~ aucount, book of account#





voucher, receipt, letter, memorandum, paper, or writing, or any copy of or extract from
any such document, or any other document whatsoever, relating to the matters in
question in this action, or any of them, or wherein any entry has been made relative
to such matters, or any of them, other than and except the documents set forth in the
said first and second schedules hereto.

Sworn, &c.,

Set down the
19 ' of Mr.
in this for hearing as a special case.
Dated the day of

FoRm No. 23.

. Entry of Special Case.

IN THE SUPPtEME~COUItT OF 110\GKONG,
ORIGINAL JURISDICTIOBe~ween A.13., Plaintiff,
and
C.D., Defendant.
dated theday of
the

' 19

(Signed.)
(Address.)

FOR.m No. 24.
Notice of Motion.

IN THE SUPREME COURT OF 11ONGEONG,
ORIGINAL JURISDICTIOBe
Between A.B., Plaintiff,
and
C.D., Defendant.

To the Registrar ol the Supreme Court.

Take notice that the Cout will be moved a
day, the day of
as counsel can be heard, by Mr.
, that (1).
Dated the day of

To



Fonm No. 25.
Suntinons Inter Partes.

IN THE SUPREME COURT OF HONGKONG,
ORIGINAL JURISDICTION.
Between A.B., Plaintiff,
and
C.D., Defendant.

1 of
You arc.Ahereby SUMMOned to appear before the Honourable
at his Chambers at the Supreme Court at o'clock






m. on 1 day, the day of
hearing of an application on the part of (I).

And you are to take notice that if You do not appear the Court may consider and
deal with the application in a summary way.
Dated the day of
This summons was taken out by solicitor for

, 19 , on the

1 19 .

FoRm No. 26.
Ex Parte Suinnions.

IN THE SUPREME COURT OF EONGKONG,

ORIGINAL JURISDICTION.

Between A.B., Plaintiff,
and
C.D., Defendant.

Application on the part of for leave to (1).

Dated the day of

This summons was taken out bY solicitor for

FORM No. 27.

Order.

IN THE SUPREME COURT OF HONGKONG

ORIGINAL JURISDICTION.
Between A.B., Plaintiff,
and
G.D., Defendant.

Upon the application of

filed the day of

this application be
Dated theday of

[s. 259.1

Action No. of 19

[s. 261.]

Action No. of 19.

(1) in Chambers.

, and upon reading the affidavit of

and upon hearing
and that the. costs of







' 19 .

Form No. 28. rs. 387.1,
Praecipe for Writ of Execution of judgment for InAmovable Property.
Action No. of 19
IN THE SUPREME COURT OF HONGKONG,
ORIGINAL JURISDICTION.

Between A.B., Plaintiff,
and
O.D., Defendant.

To the. lUgistrar of the Supreme Court.'

Whereas the plaintiff A.B. is entitled, under a judgment in this action, dated the
day , 19 , to the immediate possession of the immovable
property mentioned in the said judgment and is desirous of enforcing the said judg-
ment; I do hereby make application for the issue of the proper writ of execution in





that behalf, under the provisions of Chapter XVI of the Code of Civil Procedure.

Dated the day of

' 19 .

(Signed.) A.B., of
[or E.F.,
Solicitor for the plaintiff A.B.1

FoRm No. 29.

Is. 396.1

1Frit of Execation of Judginent for Immovable Property.
Action No.of 19
IN THE SUPREME COURT OF HONGKONG,
ORIGINAL JURISDICTION.
and
C. D., Defendant.

George the Fifth, by the Grace of God, &c.

To the Bailiff of Our said Court, Greeting:

Whereas, by a judgment in this action, dated the day of' 1
19, the plaintiff A.B. is entitled to the immediate possession of the following
immovable property now in the occupancy of
that is to say (1)
And whereas the said plaintiff is desirous of enforcing the said judgment and has
applied for the proper wriG of execution iii that behalf: Now, therefore, We com-
mand you that you do fortwith put the said plaintiff in possession of the said ini-
movable property, and We do amhorise you to remove ally person who may refuse to
vacate the saine.

' of

Witness the Honourable
the day of

' 19 .

(Signed.)

, Chief Justice'of Our said Court,

Registrar.

NoTE-This wril is to bc returned into the Registry immediately after the execution
thereof, with a memorandum indorsed thercon of the date and made of execution.

FORM No. 30.

[8. 399.
Writ of Execution of judgment for money by Attachment of Property.

IN THe SUPREME COURT OF HONGKONG
ORIGINAL JURISDICTION.

and
C.D., Defendant.

Action No. of 19

Georgethe Fifth, by the Grace of God, &c.

To the Bailiff of Oar said Court, Greeting:


Whereas the defendant C.D. has failed to satisfy a judgment for money given
against him in this action on the day of , 19 , in favour of
the plaintiff A.B. for the sum of, together with interest thereon at the rate
of $ per centuin per annum from the date of tile said judgment, and also for

As amended by No. 48 of 1912 Supp. Sched.





taxed costs to the amount of $; and whereas the said plaintiff is desirous of
enforcing the said judgmeDt by the attachment of the said defendant's property, and
has applied for the proper writ of execution in that behalf: Now, therefore, We com
mand you that you do forthwith attach all the property, movable and imniovabie,
of tile said defendant within the Colony, or such part thereof as may be sufficiert to
satisfy the said judgment and the expenses of the execution thereof, by actual seizure,
or by the service of prohibitory orders, according to the nature of the said property;
and We further command you that, as to so much of the said property attached under
this writ by actual seizure as shall consist of money or negotiable instrunents, you
do pay and deposit the same respectively into Court, and that, as to such part thereof
attached as aforesaid as shall not consist of money or negotiable YOU do
keep the same in Your custody until the further order of the Court or until thp Rale
thereof in satisfaction of the said judgment; and We furtlier command you tilat, in
case you shall not be able to find sufficient property of the said defendant,or the said
defendant shall fail to point out to you any property whereon to levy, you do forthwith
arrest the said defendant and deliver him into the custody of tile Superintendent of
Victoria Gaol to be imprisoned therein as a prisoner for debt for the period of
unless he shall be sooner discharged from the said irnprisonment in due course of law-
And the Court has fixed subsistence allowance at tile rate of twenty-five cents a daY,

Witness the Honourable C1def Justice of the said Court, the

day of ' 19

(Signed.)


Registrar.

'NOTE-This writ is to 'be relturned into the Registry after the execution
thereof, with a meirioranduni indorsed thereon of the date ade of execution.

FORM No. 31.

[s. 400-1

Prohibitory Order for Attachment of Movable Property in Execution.
Action -No. of 19
IN THE SUPREME COURT OF HONGKONG,
ORICINAL JURISDICTLON.
Between A.B., Plaintiff,
and
O.D.1 Defendant.

To

1 Of

Whereas the defendant G.D. has failed to satisfy a judgment for money given against
hirn. in this action on the day of ' 19 , in favour of the
plaintiff A.B. for the suin of $ ' together with interest thereon at the rate Of
$ per centum per annum from tile date of the Said judgment, and also for taxed
costs to dhe amount of $ ; and whereas a writ of execution has been issued
to enforce the said judgment by tile attachment of the said defendant's property: It is
ordered that the said defendant be and he is hereby prohibited and restrained, until the
further order of the Court, from receiving from E.F., of
the following property in the possession of the said E.F., that is to say (1)
to whick the said defendant is entitled, subject to any claim,
lien, or right of the said E.F.; and it is also ordered that the said E.F., be and he is
hereby prohibited ard restrained, until the further order of the Court, from delivering
the said property to the said defendant or to any other person or persons whomsoever.


Witness the Honourable
da,v of

' 19 .

(Signed.)

As 8nLOncled. by No. 43, of 1912 Supp. Sched.

1 eliief Justice of Our said Court, the

Registrar.





NOTE-This order is issued under section 400 of the Code of Civil Procedure, and
any person who wilfully disobeys it is liable to be committed to prison by the Court.

NOTE-This order is to be returned into the Registry immediately after the execution
thereof, with a memorandum indorsed thereon of the date and mode of execution.

FORM No. 32.

[S. 401.1
Prohibitory Order for Attachment of Immorable Property in Execution.
Action NO. of 19

IN THe SUPREME COURT OF 11ONGKONG,
ORIGINAL JURISDICTION

To the Defendant C.D.
and
C.D., Defendant.

Whereas you have failed to satisfy a judgment for money given against you in this
Court on the day of, 19, in favour of the plaintiff A.B. for
the sum of $ , together. with interest thereon at the rate of $
per centuru per annum from the date of the said judgment, and also for taxed costs
to the amount of $ ; and whereas a writ of execution has been issued
to enforce the. said judgment by the attachnient of your property; and wbereas it is
alleged that certain lands, houses, or other immovable property belong to you : It is
ordered that You be and you are hereby probibited and restrained, Until the further
order of this Court, from alienating such lands, howses, or other immovable property,
and particularly from alienating (1) by sale, gift, or in any other
way whatsoever; and it is also ordered that all persons be and they are hereby pro-
hibited and restrained, until the further order of this ConrE from ACQUIRING or receiving
any such property by purchase, gift, or lin any other way.

Witness the llonourable
day of

' 19 .

(Signed.)

, Chief Justice of Our said Court, the

Registrar.

NOTE-This order is issued under section 401 of the Code of Civil Procedure, and
any person who wilfully disobeys it is liable. to be committed to prison by the Court.

NOTE-This order is to be returned into the Registry iminediately after the execution
thereof, with a memorandum indorsed thereon of the date and mode of execution.

FoRm No. 33.

Affidavit in Support of Garni8hee Order.

IN THE SUPREME COURT OF HONGKONG
ORIGINAL JunrSDICTION.

Between A.B., Plaintiff,

I, ' of , the plaintiff in this action, 107
solicitor for the plaintiff in this action] make oath and say as follows

and






C.D., Defendant.

Is. 412.]

Action No. of 19





1. By a judgment of the Court given in this action, and dated the day of
, 19, it was adjudged that 1 [or the said plaintiff] should recover
,against the defendant C.D. the sum of $, together with interest thereon
at the rate of $per centum per annuin from the date of the said judgment, and
costs to be taxed, and the said costs were, by the Registrar's certificate datei the
day of , 19 , allowed at $

2. The said judgment still remains unsatisfied to the extent of $ and interest
amounting to $

8. (1) of
thereabouts.

is indebted to the said defendant in the sum of $ or

4. The said is within the jurisdiction of this Court.

. Sworn, &C.

Upon hearing
day of

FoRm No. 34.

Garnishee Order attaching Debt.

IN THE SUPREME COURT OF HONGKONG,
ORIGINAL JURISDICTION.
Between A.B., Judgment Creditor,
and
C.D.. Judgment Debtor.
E.F., Garnishee.

(1) ill Chambers.

[a. 412.1

Action No. of 19

and upon reading the affidavit of filed the
, 19 , and
It is ordered that all debts owing or accruing due from the above-named garnishee to
the above-riamed judgment debtor be attached to answer a judgment recovered against
the said judgment debtor by the above-named judgment creditor in the Supreme Court
on the day of , 19 , for the sum of $' on which
judgment the said sum of $remains due and unpaid; and it is further ordered
that tile said garnishee attend the Honourable
day, the day of

in Chambers on
19 , ato'clock in the
on an application by the said judgment creditor that the said garnishee pay
the debt due from him to the said judgment debtor, or so much thereof as may be
sufficient to satisfy the judgment; and that the costs of this application be

Dated the day'of

Upon hearing

filed the d
Date made herein on the 'day of

' 19 .

FORM No. 85.







Ganiishee Order Absolute.

IN THE SUPREME COURT OF HONGKONG,
OILIGINAr, JURISDICTION.
Between A.B., Judgment Creditor,
and
O.D., Judgment Debtor.
E.F., Garnishes.

(1) in Chambers.

[s. 415.]

Action No. Of 19

and upon reading the affidavit of t
ay of ' 19, and the order
P 19 , whereby it was ordered





that all debts owing or accruing due from the above-named garnishee to the above.
nanled judgment debtor should be attached to answer a judgment recovered against the
said judgment debtor by the above-named judgment creditor in the Supremem Court on
the day of ' 19 , for the sum of $ on, which judg-
ment the said sum of $ remained due and unpaid. It is ordered that the sa;(]
garnishee do forthwith pay the judgment creditor the debt due from him to the said
judgment debtor, or so much thereof as may be sufficient to satisfy the judgment, and
that, in default thereof, execution may issue for the same; and that the costs of this
application be

Dated the day of

' 19 .

Fonm No. 36.

. n

[a. 44B.]

Notice to Judgment Creditor of Application by Prisoner for debt to be discharged.
Action No. of 19

To A.B., and

IN THE SUPREME COURT OF HONGKONG
ORIGINAL JURISDICTION.

and
C.D., Defendant.

in Chambers (1).
Solicitor.

Take Notice that this Ifonourable Court will, at o'clock m. on
day, the day of ,19 , hear an applicatin by the defendant
to be discharged from prison.


And take notice that you. will not be allowed to appear and oppose the application
unless You shall have, before o'clock m. on day, the day of
, 19 , signified in writing to me Your intention of so appearing
and opposing the application.

1

To the Superintendent of the Gaol.

. (Signed.)

FoRm No. 37.

Order of discharge of Prisoner for Debt front Prison.
IN THF SUPPEME COURT OF HONGKONC,
ORIGINAL JURISDICTION. Between A.8--- Plaintiff,
and
C.D., Dofendant.

Registrar.







[s. 443.1

You are hereby authorised to discharge out of your custody the above-nanled defendant
so far as regards the execution in this cause.

Dated the day of

By Order of the Court,

' 19 .

(Signed.)

As amended by No. 43 of 1912.
As arnexided by No. 50 of 1911.

Registrar.





FORM No. 38.
Writ of Foreign Attachment.

IN THE SUPREME COURT OF HONGKONG,
ORIGINAL JURISDICTION.

Between A.B., Plaintiff,

George, the Fifth, by the Grace of God, &c.

To the BaiJiff of Our said-Court, Greeting:

and
C.D., Defendant.
E.F., Garnishee.

[a. 458.]

Action No. of 19

We command you forthwith to attach all bile property, movable and illImovable, of
the defendant C.D. which shall be found within the Colony, and to return this writ int,
Our said Court on the day of

Witness the Honourable
day of

' 19 .

1 19 1 .

1 Chief Justice of Our said Court, the

Indorsements to be made on flie. Writ.
I hereby certify that this writ reached lay hands for execution a
on day, the day of

This writ was served on EX,, of
on day, theday of

(Signed.)

1
(Signed.)
A memorial of this writ was registered in the Land Office at
on day, theday of

' 19

F0P.7.1 NO. 39.

Bond . in Case of Foreign Attachment.

IN THE SUPREME COURT OF HONGKONG,
ORIGINAL JURISDICTION.
and
C.D., Defendant.

' 19

o'clock in.

Bailiff.







garnishee, ato'clock
19 .

Bailiff.
o'clockIn.

(Signed.)

Is. 455.1

Action No. of 19

Know all men by these presents that we A.B. of and E.F. of , are
held and firmly bound unto C.D., of , in the penal sum of
to be paid to the said C.D., or his executors, administrators or assigns; for which
payment to be made we jointly and severally bind ourselves, and each and every of us,
and our and every of our respective heirs, executors, and administra tors, r v by ese
presents. In witness whereof we have hereto set our hands and seals this day
of in the Year of Our Lord Nineteen Hundred and . Whereas
an action has lately been instituted in the Supreme Court of Ifongkong by the above
bounden A.B. as plaintiff against the said C.D. as defendant; and whereas, under the
provisions of Chapter XVII of the Code of Civil Procedure, a writ of Foreign Attach
ment has been issued [or is about to issue] in the said action, on the application of
the plaintiff, against all the property, movable and immovable, of the defendant within
the Colony.Now the condition of this obligation is that if the defendant shall, at any
time within the period limited by the said provisions of tile Code of Civil Procedure in
that behalf, cause the said writ, or any other writ of Foreign Attachment issued in the

As amencMd by No. 43 of 1912 Supp. Salled.





said action on the application of the plaintiff, to be set aside, or ally judgment whiell
may be given in the said action to be reversed or varied, and if the plaintiff, his
executors or administrators, shall thereupon forthwith pay or cause to be paid to the
defendant, or his executors, administrators, or assigns, all such surns of money,
damages, costs, and charges as the said Court inai order and award on account of or
ill relation to the said action and the said writ of Foreign Attachment, or either of
them, then this obligation shall be void otherwise it is to remain in full force.

in the presence of

I, C.D., of
as follows :-

1. The writ of summons herein was issued oil the
and was served on me on the day of

2. Tile action is brought to recover
said
interest therein.

(Signed.) A.B. [L.S.]
E.F. [L.S.]

FORM No. 40.
Affidavit on Interpleader.

IN THE SUPREME COURT OF HONGKONG
ORIGINAL JURISDICTION.
and
C.D., Defendant.

[s. 526.]

Action No. of 19

the defendant ill this action, make oath and say

day of
' 19

1 19 '

The
(1) in my possession, but I claim no

3. The right to the said subject-matter of this action has been and is claimed (2) by
one ' who (8).

4. 1 do not in any manner collude with the said or
with the above named plaintiff, but I am ready to bring into Court or to pay or dispose
of the said

Sworn, &,c.

in such manner as the Court may direct.

FORM No. 41.

[s. 567.]

Order for 18sue of Warrant for Arrest of Absconding Defendant.







Action No. 'J 19

IN THE SUPREME COURT OF BOXGRONG,
ORIGINAL JURISDICTION.
and
G.D., Defendant.

Upon the application of the plaintiff A.B., and upon hearing the solicitor for the said
plaintiff, and upon reading the affidavit of , filed the day of
, 19, It is ordered that a uarralit do issue to the Bailiff enjoin
ing him to bring the defendant C.D. before the Court in order that lie may show cause
why he should Dot give security for his appearance to answer any judgment that may
be given against him ill this action; and it is further ordered that the Bailiff C
authorised to release the said defendant upon payment by the said defendant to bin]
of the sum of $ being the amount of the plaintift's claim herein, together
with the sum of $for the costs of this action, and such sum as nlay be due
to him for the execution of the warrant: and it is further ordered that. in default of
such payment, the Bailiff shall detain the said defendant until the further order of
the Court.

.- Dated the day of

1 19 .





Foam No. 42.
Warrant for Arrest of Abscon
IN THE SUPREME COURT OF

ORIGINAL JURISDICT

Between A.B., Plai
a
C.D., D
Qeorge the Fifth, by the Grace of God, &c.

[a. 567.]

TO the Bailiff of Our said'Court, Greeting:
We command you forthwith to arrest the defendant C.D. pursuant to an order made
by Our said Court, and to bring him before Our said Court at - o'clock m, on
day, the day of , 19 , in order that he ruay show
,cause why he should not give security for his appearance to answer any judginent that
may be given against him in this action; and We authorise you to release the said
defendant upon payment by him to you of the sum of $ bein, the amount of
the plaintiff's claim herein, together with the sum of $ for the costs of
this action, and such sum as may be due to you for the execution hereof; and We
further command you that, in default of such payment, you detain the said defendant
until the further order of Our said Court.

Witness the Honourable
clay of

' 19

(Signed.)

, Chief Justice of Our said Court, the

Registrar.

NOTE-This warrant is to be returded into the ReOstry immediately after the execkl-
tion thereof, with a memorandum indorsed tbercon of the date and mode of execution.

FoRm No. 43.
Order for Giving of Bail by Absconding Defendant.
Action No.

IN TRE SUPREME COURT OF HONGROXG,

ORIGINAL JURISDICTION.

BpAween A.B., Plaintiff,
and
C.D. Defendant.
Upon the application of the plaintiff A.B., and upon hearing the solicitor for the said
plaintiff, and upon reading the affidavit of ' of ' It is
ordered that the defendant C.D. do give bail in sum of $ , to the satisfaction of
the Registrar, for his appearance at any time when called upon while this action is
pendin; and until the execution of any judgment that may be given against him in
this action; and it is further ordered that, in default of his so doing, the said defendant
be committed to prison until the decision of this action, or, if judgnient is given against
him, until the execution of the judgment, or until the further order of the Court.

Dated the day of

of 19

' 19 .







Form No. 44.

Bail-Bond of Absconding Defendant.
Know all men by these presents that we, C.D., of
G.H., of , are held and firmly bound unto A.B., of

As amended No, 48 of 1912 Supp. Sched.

[S. 568']

E.F., of, and
in the sum





of dollars, to be paid to the said A . B. or his executors, administrators, or
assigns; for which payment to be made we jointly and severally bind ourselves, alid
each and every of us, and our and every of our respective heirs, executors, and
administrators, firmly by these presents.In witness whereof we have hereto set our
hands and seals this day of in the Year of Our Lord Nineteen Hundred
and Now the condition of this obligation is that if the above bounden C.D.
shall appear in person before the Supreme Court of Hongkong, at any time whell called
upon while the action of the said A.B against the said C.D. in the Original Jurisdictinn
of the said Court, being Action No. of 19, is pending and until the execution
of any judgment that may be given against the said C.D. in the said action, or that
if, in default of such appearance, the said C.D. shall pay any sum of money that may
be adjudged against him in tile said action, with costs, then this obligation shall be
void, othenvise it is to remain in full force.

Signed, sealed, and delivered
in the presence of

Foum No. 45.

(Signed.)

C.D. [L.S.~
E.F. [L.S.j
G.H. IL.S.]

[S. 578.1
Warrant for Bailifi to call ulion Dulendant to gire Sceurity to pr(,duce Property.
Action No. of 1 J

IN THE SUPP.E-ME COURT 0
ORIGINAL JURISDIC
Between A.B., Pla

C.D., I

George the Fifth, by the Grace of God, &c.

TO the Bailiff of 'Our said Court, Greeting:

We command you forthwith to call upon the defendant C.D. either by day,
the day of ' 19 ' to furnish security in the sum $
to produce and place at the disposal of Our said Court, when required. his property or
the value of the same, or such portion thereof as may be sufficieDt to answer any
judgment tliait may be given against him in this action, or by the said day to appeal
before Our said Court and show cause why he siiould not furnish such security; and
We further coniniand you, in default, of such security being given, to attach all the
movable and immovable property of the said dfendant within the Colony until the
further order of Our said Court.

Witness the Honourable , chief Justice of our said Court, the
day of ' 19 .







(Signed.)

Registrar.

NOTE- This warrant is to be returned into the Registry immeiately after the excew
tion thereof, with a memorandum indorsed thereon of the date and mode of execution


FoR.m No. 46.

(S. 656.]

Advertisement for Claintants not being Creditors.
Pursuant to a judgmetn [or an order] of the Supreme court made in [the matter
of the estate of A.B. and in] an action by C.D. against E.F. the persons claiming
As amended by No. 43 of 1912 Supp. Sched.

C.D. against E.F., the persons claiming





to be next of kin to A.B., late of , who died in or about the
month of 1 19 , are, by their solicitors, on or before Lbe day
of 19 , to come in and prove their claims at the Chambers of
at the Supreme Court in Victoria, Hongkong or, in default thereof,
they will be peremptorily excluded from the benefit of the. said judgment [or order].

The day of 19 , at o'clock in the noon, at the
i
said Chambers, is appointed for bearing and adjudicating upon the clainis.

1 Dated the day of

' 19 .

(Signed.)

FoRm No. 47.

Registrar.

[s. 657.]

Advertisemeni for Creditors.
Pursuant to a judgment [or an order] of the Supreme Court made, in [the matter of
the estate of A.B., and inj an action by C.D. against E.F., the creditors of A.B., late
of who died in or about the month of ' 19 , are, on or
before. the day of , 11) , to serve on G.H., the solicitor of the
defendant C.D., the executor [or administrator] of the deceased [or as inay be directed]
notice of their Christian and surnames, addresses, and descriptions the full particulars
of their claims, a statement of their acpouiiis, and the nature of 6he seenrities, if any
held by them, or, in default thereof, they will be peremptorily excluded from'the benefit
of the said judgment [or order].

Every creditor holding any securit is to produce the same before at his
Chambers at the Supreme Court in Victoria, Hongkong, on the day of
19 , at o'clock in the
adjudicating upon the claims.

Dated the day of
' 19

(Signed.)

Registrar.





1 No. of Action.

1 Date of Writ of Summons.

Name of Solicitor suing
out Writ, &c.

Description.

Place of Abode.

1 Description.

Place of Abode.

1 Particulars.

1 Amount or Value.

By whom entered.

Date of Entry.

Date.---

For whom.

j Particulars

Judgment on Appeal.

Date.

Mode.

Date of application


Date of Appeal.



Date of Order.

Against whom.

Particulars.

Amount of Costs.

Amount paid into Court.

Arrested.

Minute ofReturn other
than Payment or Arrest,
and Date of every Return.

Date of Leave to Appeal.

Date on which Appeal
Process forwarded.

Judgment on Appeal.







L







FoRm No. 49.

[s. 326a.]

Order for exantination of witness in the Colony in virtue of a Letter of
Request front a Foreign Court.
(a) in Chambers.

In the matter of the Evidence Ordinance 1889.

And in the matter of a (Civil or Commercial or Criminal) proceeding now pending
before (b)
intituled. as follows
Between

Plaintiff,

Defendant.

filed the day

of

Upon reading Hic affidavit (if any) of

and

1 19 , and the certificate of (c)

that proceedings are pending in the (b)
in (d)

and that such Court is desirous of obtaining the testiniony of (c)

It is ordered that the said witness
do attend before (f)

who is hereby appointed examiner herein, at (g)

on the day of ' 19 ' at o'clock, or such other day and
time.as the said examiner may appoint, and do there submit to be examined upon
oath, or affirmation, touching the testimony so required as aforesaid, and do then and
there produce (h).

1 And it is further ordered that the said examiner do take down in writing the evidence
of the said witness, or witnesses, according to the rules and practice of the Supreme
Court pertaining to the examination and cross examination of witnesses (or as may
be otherwise directed); and do cause each and every such wiGness to sign his or her
depositions in his, the said examiner's presence; and do sign the depositions taken in
pursuance of this order, and when so completed do transmit the same, together with
this order, to the Registrar, Supreme Court, lloD,ikong, for transmission to the Pre-
sident of the said Tribunal desiring the evidence of such witness or witnesses.

Dated this day of

I,

' 19 .

Fonm No. 50.

Pertificate of Registrar forwarding deposition.
Registrar of the Supreme Court of Hongkong, hereby certifv






that the documents annexed hereto are (1) the original order of the Supreme Court of
Hongkong dated the dav of 19 , made in the matter of

* As amen(led by No. 10 of 1909.
pending in the at in the of

before
said
completed by him on the

Dated this day of

directing the examination of eertain witnesses to be taken
before , and (2) the exandnation and depositions taken by the
said pursuant to the said order, and duly signed and
completed by him on the day of ,19 .
Date this day , 19
Short title. Interpretation of terms. H.K.Code, s.2. [36 & 37 Vict.c.66s.100.] [ib.] H.K. Code,S.2. [36 & 37 Vict.c.66s.100.]O.71 r.1A. [36 & 37 Vict.c.66s.100.] Indian Code,s.2. O.71 r.1. Savings.H.K.Code,s.3. Limited introduction of English rules. Arrangement of the Code. Institution and carrying on of actions.H.K.Code,s.5. Actions to begin with writ of summons.H.K.Code,s.9(1).form 1. Preparation and contents of writ.[ib.s.9(2).]O.5r.10. O.3,r.4. Date and teste of writ,H.K.Code,s.9(2). Leaving of copy of writ.O.5 r.12. Filing and marking of copy f writ.O.5 r.13. Sealing and issue of writ.ib.r.11. Writ or noticw for service out of jurisdiction.O.2 r.4. Alteration in writ.H.K.Code,s.9(3). Duration and renewal of writ.[ib.s.9(4).]O.8 r.1. Evidence of renewal of writ.ib.r.2. Case of lost writ.ib.r.3. Saving as to proceedings on petition.H.K.Code,s.9(5). Right to indorse writ specially in action for debt or liquidated demand.O.3 r.6. Form 2. Right to indorse writ specially in action for immovable property.O.3 r.6.form 2. Nature of special indorsement.H.K.Code,s.13(1).O.3 r.7. Procedure on default of appearance to specially indorsed writ. H.K.Code,s.13(1).O.13 rr.3,8. Procedure where defendant appears to specially ndorsed writ.H.K.Code,s.13(2). O.14 r.5. Right to indorse writ specially in case of ordinary account,and procedure thereon.H.K.Code,s.13(3).O.3 r.8. O.15. Issue and marking of concurrent writs.O.6 r.1. Concurrent writs for service within and without the jurisdiction.O.6 r.2. Issue of originating summons.O.54 r.4 B.forms 3,4,5. Filing of copy of originating summons.ib. Appearance to originating summons.ib.r.4c. Attendance under originating summons.O.54 r.4D.form 6. Disclosure by solicitor whose name is indorsed on writ.O.7 r.1. Change of solicitors.ib.r.3. Prohibition of service on Sunday,etc.H.K.Code,s.8(1). General rule as to mode of service.[ib.s.8(2).] Special modes of service by order of the Court.[ib.s.8(3).] Service on defendant in public service.H.K.Code,s.8(4). Service on certain corporations.[ib.s.8(5).] Service on other corporations.H.K.Code,s.8(6). Service on husband and wife.O.9 r.3. Service on infant.ib.r.4. Service on lunatic.ib.r.5. Service on agent of defendant out of jurisdiction.H.K.Code,s.8(7). Service out of the jurisdiction.O.11 r.1.forms 7,8. O.11 r.4. Ib.r.5. Ib.r.6.form 8a. O.11 r.7. [New.] ib.r.3. Ib.r.8A. Ib.r.8. Form 8b. Form 8c. form 8e. Form 8c. Form 8d. Service of process for foreign Court:letter of request.O.11 r.9. form 8f.O.11 r.10. Power to vary order for service.H.K.Code,s.8(10). Expenses of service by bailiff.[ib.s.10.] O.9 r.15. H.K.Code,s.10. Appearance in general.[ib.s.11.]form 9. Appearance in case of defendant out of jurisdiction.[ib.s.11.] Cross-action against absent plaintiff.[ib.s.95.] Motion to set aside service before appearance.O.12 r.30. Leave to proceed ex parte in case of non-appearance.H.K.Code,s.12(1). Subsequent appearance.H.K.Code,s.12(2). Trial ex parte.ib.s.12(3). Procedure on default of appearance to originating summons.O.13 r.15. General rules as to joinder of persons as plaintiffs.O.16 r.1. Case of action commenced in name of wrong plaintiff.ib.r.2. Case of counterclaim where a plaintiff is wrongly jointed.O.16 r.3. General rules as to joinder of persons as defendants.ib.r.4. Ib.r.5. Ib.r.6. Case of plaintiff in doubt as to person from whom he is entitled to redress.ib.r.7. Action by or against trustees,executors,and administrators.ib.r.8. Action for prevention of waste,etc.O.16 r 37. Case of numerous persons having same interest.ib.r.9. Power to approve compromise in absence of some of the persons interested.ib.r.9A. Misjoinder and non-joinder of parties.ib.r.11. Application to add,or strike out,or substitute parties.O.16 r 12. Procedure where defendant added or substituted.ib.r.13. Appearance,etc.,by one party for another.Indian Code,s.35. Action by or against infant.O.16.r.16. Action by or against lunatic,etc.ib.r.17. Appointment of ad litem for infant or person of unsound mind,after default in appearance to action.H.K.Code,s.15. Appearance by infant.O.16 r.18.form 10. Guardian ad litem of infant.ib.r.19. Filing of authority by next friend or relator.ib.r.20. Consent of person under disability to procedure.ib.r.21. Representation of heir-by-law,next of kin,or class.O.16 r.32(a). Ib.r.32(b). Administration at suit of residuary legatee,etc.ib.r.33. Administration at suit of legatee,etc.ib.r.34. Administration at suit of residuary devisee,etc.ib.r.35. Execution of trust at suit of cestui que trust.ib.r.36. Administration at suit of executor,etc.O.16 r.38. Conduct of action or proceeeding.ib.r.39. Service of notice of judgment in action for administration of estate,etc.,and effect thereof.ib.r.40. Ib.r.41. Ib.r.42. O.16 r.43.form 11. Ib.r.44. Action to execute trusts of will.ib.r.45. Case where no legal personal representative of deceased person interested in matter in question.ib.r.46. Meaning of 'Estate.' Right to appear on claim against estate under administration.ib.r.47. Right of defendant to give third-party notice,and filling and service thereof.ib.r.48.form 12. Right of third party served to appear and dispute liability of defendant or of himself.O.16 r.49. Procedure where third party does not appear and judgment is suffered by default.ib.r.50. Procedure when third party does not appear and action is decided in favour of plaintiff.ib.r.51. Application for directions when third party appears.O.16 r.52.form 13. Directions which may be given when third party appears.ib.r.53.form 14. Decision of questions of costs.ib.r.54. Case of defendant claiming contribution or indemnity against co-defendant.ib.r.53. Case not to abate by reason of marriage,etc., of party if cause of action survives,nor to become defective by conveyance of estate,etc.O.17 r.1. Service of notice on husband,etc., in case of marriage,etc., of party.ib.r.2. Continuance of cause by or against successor in title.ib.r.3. Order to carry on proceedings in case of marriage,etc., causing change of interest.ib.r.4. Service of order and effect thereof.O.17 r.5. Application to discharge or vary order by person under no disability,etc.ib.r.6. Application to discharge or vary order by person under disability.ib.r.7. Procedure where plaintiff or defendant dies,and person entitled to proceed fails to do so.ib.r.8. Entry of abatement,etc.,in Cause Book.ib.r.9. Striking out of cause abated,etc., for a year.O.17 r.10. General rule as to joinder in one action of several causes of action.O.18 r.1. Rule as to joinder of other causes of action with action for recovery of immovable property.ib.r.2. Claims by trustee in bankruptcy.O.18 r.3. Claims by or against husband and wife.ib.r.4. Claims by or against executor or administrator.ib.r.5. Claims by joint plaintiffs.ib.r.6. Provision as to ss.106-8.ib.r.7. Remedy of defendant for misjoinder of causes of action.ib.rr.8,9. Rules of pleading.O.19 r.1. Form of pleading.ib.r.4. Signature of pleading.O.19r.4. Particulars to be given in case of misrepresentation,fraud,etc.ib.r.6. Ordering of further and better particulars.ib.r.7. Time for pleading after delivery of [articulars.ib.r.8. Plea of not guilty by statute or Ordinance.ib.r.12. Admission of fact not specially denied.O.19 r.13. Condition precedent to be specified in certain cases.ib.r.14. Pleading to raise all grounds of defence of reply.ib.r.15. Prohibition or departure in pleading.ib.r.16. Obligation to deal specifically with allegation not admitted.ib.r.17. Joinder or issue.ib.r.18. Evasive denial.O.19 r.19. Effect of bare denial of contract,etc.ib.r.20. Mode of stating document.ib.r.21. Mode of alleging malice,etc.ib.r.22. Mode of alleging notice.ib.r.23. Mode of alleging contract or relation to be implied from letters,etc.ib.r.24. Presumption of law.O.19 r.25. Technical objection.ib.r.26. Striking out or amending of pleading.ib.r.27. Costs of prolix pleading.ib.r.2. Filing of statement of claim.H.K.Code,s.24(1).form 15.O.20,r.1(b),©. Description of parties.H.K.Code,s.24(1). Claim beyond indorsement on writ.O.20 r.4. Mode of stating prayer for relief.ib.r.6. Mode of stating distinct claims.ib.r.7. Service of statement of claim on defendant who has appeared.H.K. Code,s.29(1). Power to order service forthwith where writ to be served out of jurisdiction.[ib.s.29(2).] Power to stay proceedings where statement of claim is defective.H.K.Code,s.30. Time for filing statementof defence.[ib.s.33(1).]form16. Application for extension of time.[ib.s.33(1),(2).] Filing statement of defence after expiration of time.[ib.s.33(9).]O.21 rr.1,2. No denial necessary as to damages.ib.r.4. Costs of allegation improperly denied or not admitted.O.21 r.9. Plea of general issue.ib.r.19. Plea in abatement.ib.r.20.Service of statement of defence on plaintiff. Defence of tender before action.O.22 r.3. Payment into Court in satisfaction cf.claim,or with denial of liability.ib.r.1. Pleading of payment into Court.O.22 r.2. Payment into Court before defence.ib.r.4. Payment over to plaintiff in certain cases of money paid into Court.ib.r.5. Procedure where payment into Court is made with denial of defendant's liability.ib.r.6. Acceptance of sum paid into Court before defence.O.22,r.7. Payment into Court in consolidated action.ib.r.8. Payment into Court not to be communicated to the jury.ib.r.22. Defence of set-off to claim for money.H.K.Code,s.36(1). Making of counterclaim,etc.,in lieu of set off.[ib.s.36(2).] Cases in which counterclaim may be allowed,and procedure theeon.[ib.s.37.]form 17. Appearance by third party to counterclaim.O.21 r.13.Time for reply to counterclaim.ib.r.14.. Statement of defence to counterclaim. Continuance of counterclaim.ib.r.16. Filing of reply and subsequent pleadings.form 18.O.23 r.3. Close of pleadings on default,and default of third party in pleading.O.27 r.13. ib.r.14. Pleading matter arising before state- ment of defence or reply.H.K.Code,s.63. O.24 r.1. Pleading matter arising after statement of defence or reply.ib.r.2. Confession of defence founded on matter arising pending the action.ib.r.3. Abolition of demurrer. O.25 r.1. Right of party to raise point of law by pleading,and procedure thereon.ib.r.2.form 19. Dismissal of action,etc.,on point of law.ib.r.3. Striking out pleading where no reasonable cause of action disclosed,etc.O.25 r.4. Declaratory judgment or order.ib.r.5. Amendment of indorsement,etc.O.28 r.1. Application for leave to amend.ib.r.6. Right of amendment ex parte.H.K.Code,s.32(5). Amendment of statement of claim after defence.[ib.s.39(2).] Failure to amend after order.O.28 r.7. Date of order and date of amendment to be marked.O.28 r.9. Filing and service of amended pleading.ib.r.10. Correction of clerical mistake in judgment,etc.ib.r.11. General power to amend.ib.r.12. Discovery by interrogatories.O.31 r.1. Decision on interrogatories to be delivered.ib.r.2.form 20. Costs of interrogatories.O.31 r.3. Interrogatories for corporation or company.ib.r.5. Setting aside interrogatories.ib.r.7. Answer to interrogatories.ib.r.8.form 21.Objections to interrogatories by answer.ib.r.6. Objection to affidavit in answer.O.31 r.10. Order to answer or answer further.ib.r.11. Application for discovery of documents.ib.r.12. Ib.r.13. Form 22. Discovery of specific documents.ib.r.19A. Production of documents.O.31 r.14. Inspection of document referred to in pleadings,etc.ib.r.15. Time and place for inspection when notice for inspection given.ib.r.17. Application for inspection.O.31 r.18. Order for verified copies of entires in business book.ib.r.19A. Claim of privilege.ib. Premature discovery or inspection.ib.r.20. Non-compliance with order for discovery or inspection.O.31 r.21. Service of order on solicitor.ib.r.22. Ib.r.23. Using answer to interrogatories ar trial.ib.r.24. Discovery against bailiff.ib.r.28. Discovery by or against infant,etc.O.31 r 29. Notice of admission.O.32 r.1. Notice to admit document.ib.r.2. Notice to admit fact.ib.r.4. Evidence of admission.O.32 r.7. Judgment or order upon admissions of fact.ib.r.6 Evidence of service of notice.ib.r.8. Costs of unnecessary notice.ib.r.9. Preparation of issues of fact.O.33 r.1. Order of disposal of issues.H.K.Code,s.40(3). Amendment of or addition to issues.[ib.s.40(4).] General power to direct inquiries and accounts.H.K.Code,s.13(4).O.33 r.2. Giving of special directions as to mode of taking account.ib.r.3. Mode of making up account.ib.r.4. Mode of vouching account.ib.r.4A. Surcharge.ib.r.5. Inquiry as to outstanding personal estate.ib.r.6. Numbering of accounts and inquiries.ib.r.7. Rule as to just allowances.O.33 r.8. Expediting proceedings in case of undue delay.ib.r.9. Statement of special case on question of law,by concurrence of parties.O.34 r.1. Statement of special case on question of law,by order of the Court.ib.r.2. Preparation signing,and filing of special case.O.34 r.3. Leave to set down special case where person under disability is party.ib.r.4. Entry of special case for argument.ib.r.5.form 23. Agreement of parties for payment of money,etc., on decision of special case ib.r.6. H.K.Code,s.88. Judgment and execution on decision.O.34 r.6. Power for persons interested in question as to construction of enactment,etc.,to concur in stating special case for opinion of the Court,and procedure threon.[13 & 14 Vict.c.35 s.1.] [ib.s.14.] ib. [ib.s.15.] Application of Chapter VIII.O.34 r.7. Trial of questions of fact agreed upon between parties.ib.r.9. Agreement of [arties for payment of money,etc., on decision of questions.ib.r.10.H.K.Code.s.88. Judgment and execution on decision.O.34 r.11. Record of proceedings.ib.r.12. Modes of making interlocutory application.H.k.Code,s.42. Filing of motion-paper.[ib.s.43(1).]form 24. Terms of motion.H.K.Code,s.43(2). Amendment of motion-paper.[ib.s.43(3).] Affidavits in support of motion.[ib.s.43(4),(5).] Time of moving in case of urgency.[ib.s.43(6).] Motion to be ex parte or on notice.[ib.s.43(7).] Proceedings on motion ex parte.[ib.s.43(8),(9).] Power of amendment,etc.,at hearing.[ib.s.43(10).] Power to make order different from order asked for.H.K.Code,s.43911). Application to vary or discharge order made ex parte.[ib.s.43(12).] Procedure where notice of motion served. Return-day of order.[ib.s.44(1).] Filing of counter affidavits.[ib.s.44(2).] Non-appearance of person served with order.[ib.s.44(3).] Appearance of person served with order.[ib.s.44(4).] General powers of the Court on hearing.H.K.Code,s.44(5). Filing of application for summons.[ib.s.45(1),(2).]forms 25,26. Issue of summons.[ib.s.45(3).] Proceedings on return-day of summons.[ib.s.4594).]form 27. Taking of evidence by affidavit.[ib.s.46(1).] Cross-examinat of person making affidavit.O.38 r.1. Taking of evidence vica voce.[H.K.Code,s.46.] Preservation,etc.,of subject-matter of disputed contract.O.50 r.1. Sale of perishable goods,etc.ib.r.2. Detention,preservation,or inspection of property the subject of cause or matter.ib.r.3. Inspection by Judge.ib.r.4. Inspection by jury.O.50 r.5. Application for order of mandamus,etc.ib.r.6.[No.2 of 1901.] ib.r.7. Order for recovery of specific property,other than immovable property to lien,etc.ib.r.8. Conduct of sale of trust estate.ib.r.10. Date of order when drawn up.O.52 r 13. Operation of notice of motion,etc., as stay of proceedings.H.K.Code,s.47(1). Application to dismiss action for want of prosecution.[ib.s.49.]O.27 r.1. Order for setting down.H.K.Code,s.48(1). Order for setting down on application of plaintiff.[ib.s.48(2).] Order for setting down on application of defendant.H.K.Code,s.48(3). General power to postpone trial of cause [ib.s.50 (1).]O.36 r 34. Application for postponement for absent witness.H.K.Code,s.50(2). Application for postponement for evidence of witness out of jurisdiction.[ib.s.50(3).] Keeping of general trial list and trial paper.[ib.s.51(1).] Transfer of cause from general trial list to trial paper.[ib.s.51(2),(3).] Notice to parties of transfer of cause.H.k.Code,s.51(4). Taking cause out of turn.[ib.s.51(5).] Notice of postponement of trial not necessary in certain cases.[ib.s.51(6).] Order as to mode of trial.[ib.s.53(2),(3).] Right to trial by jury in action of libel,etc.O.36 r.2. Trial without jury.ib.r.3. ib.r.4. O.36 r.5. Order for trail with jury.ib.r.6. Mode of trial in cases not expressly provided for .ib.r.7. Provision for different modes of trial for different questions.ib.r.8. Trial by the Full Court.[cf.No.27 of 1912.] Saving of existing laws relating to juries.H.K.Code,s.53(7).[cf.No.6 of 1887.] Default of appearance by both parties.[ib.s.61(1).] Default of appearance by plaintiff.H.K.Code,s,61(2). Default of appearance by defendant.[ib.s.61(3).] Adjournment for further service.[ib.s.61(4).] Procedure where no statement of defence filed.[ib.s.33(3).] Trial ex parte.[ib.s.61(5).] Re-trial of cause for absent defendant in certain cases.[ib.s.61(6).] Procedure where causes struck out for absence of plaintiff.[ib.s.61(7).] Default of appearance by plaintiff a second time.H.K.Code,s.61(8).O.36r.32. General order proceedings at trial of cause.H.K.Code,s.62(1)-(10). Notes of evidence.H.K.Code,s.62(11). Remarks on demeanour of wtiness.Indian Code,s.188. Use of notes of evidence. Objections to evidence.H.K.Code,s.62(13),(14). Putting in of evidence,by affidavits,etc.[ib.s.62(15).] Reading of ducumentary evidence.[ib.s.62(16).] Marking anc disposal of document put in evidence.[ib.s.62(17).] Amendment of pleading to correspond with evidence.[ib.s.62(18),(19).] Evidence in mitigation of damages in action for livel or slander.O.36 r.37. Power of the Court to direct non-suit,etc.H.K.Code,s.65(1)-(4). Withdrawal of plaintiff from action.[ib.s.66(1).] Settlement of action by mutual agreement,etc.[ib.s.66(2),(3).] Existing rules of evidence.H.K.Code,s.54(1). Taking and use of evidence de bene esse.[ib.s.5791),(2).]O.37 r.5. Letter of request.ib.r.6A.[cf.No.2 of 1889.] Taking and use of evidence before action brought.H.K.Code,s.57(3). Order for attendance of person to produce document.O.37 r.7. Disobedience to order for attendance.ib.r.8. Copy of pleadings for examiner.ib.r.10. Custody of deposition taken on examination. Report of examiner on examination,and proceedings thereon.ib.r.17. Procedure for obtaining evidence in the Colony for use in foreign tribunal.O.37 rr.54-60. No.2 of 1889. Form 49. Form 50. No.2 of 1889. Use of deposition taken on examination.O.37 r.18. Rules as to form and substance of affidavit.H.K.Code,s.56(1)-(4).O.38 rr.7,8. Re-writing of defective affidavit.H.K.Code,s.56(5). Alteration in affidavit.O.38 r.12. Affidavits sworn in the King's dominions.H.K.Code,s.56(6). Affidavits sworn out of the King's dominions.[ib.s.56(7).] Presumption in favour of affidavits purporting to have been sworn abroad.[ib.s.56(8).] Use of defective affidavit.O.38 r.14. Exclusion of affidavit sworn before party,etc.H.K.Code,s.56(10). Re-swearing of defective affidavit.[ib.s.56(11).] Filing and use of original affidavit.[ib.s.56(12).] Receiving evidence by affidavit.[ib.s.54(2).] Power to admit affidavit of person not cross-examined.[ib.s.55(3).] Order of Court for admission of affidavit.[ib.s.55(4).] Rules as to examination of witnesses.[ib.s.55(7)-(10).] Admissibility in certain cases of evidence of witness given in former judicial proceeding.H.K.Code,s.58. Use of evidence in subsequent proceedings.O.37 r.25.Chaps.XII and XIII to apply to hearing of petition. Recording of verdict,etc.H.K.Code,s.67(1). Pronouncement of judgment.[ib.s.67(1).]Indian Code,s.199. Reserved judgment.Notice of judgment.H.K.Code,s.67(3),(4). Minute and formal judgment or order. Filing of written judgment.[ib.s.67(10).] Rules as to awarding of interest in judgment.[ib.s.67(6).] Payment of judgment debt by instalments.[ib.s.67(7).] Power to award damages in addition to or in substitution for injunction,etc. Inquiry for ascertaining amount of damages in certain cases. Sum of money to be awarded generally. Judgment in case of set-off and counterclaim for money.H.K.Code,s.67(8). Indorsement to be made on judgment requiring act to be done within limited time.O.41 r.5. Effect and enforcement of order of the Court.O.42 r.24.H.K.Code,s.80. General power of the Court as to costs.[ib.s.94(1).]O.65 r.1. Costs of issues in fact and in law.O.65 r.2. Definition of costs.H.K.Code,s.94(2). Taxation of costs in matters not provided for.[ib.s.94(3).] Security for costs.[ib.s.94(4).] O.65 r 6A. Ib.r.6. Ib.r.7. Effect of failure of plaintiff to give security for costs.Indian Code,s.381. Set-off for costs.[ib.s.221.] Interest on costs. Payment of costs out of subject-matter.[ib.s.222.] Costs payable by or to the Crown. Summons to judgment debtor to appear and be examined as to his ability to pay judgment debt,and proceedings thereon.H.K.Code,s.69. Judgment for immovable property.[ib.s.70(1).] Judgment for money.[ib.s.70(3).] Judgment for money against representative of deceased person.H.K.Code,s.70(5). Judgment for specific movable or for specific performance of contract or act.[ib.s.70(2).] Case of surety for performance of judgment.[ib.s.70(6).] Order for or against person not a party.O.42 r.26. Description of property liable to attachment and sale in execution of judgment.H.K.Code,s.70(7). Payment of moneys into Court.[ib.s.70(8).] Period within which execution may issue.O.42 r.22. Duration and renewal of writ.ib.r.20. Evidence of renewal of writ.ib.r.21. Separate writs for money recovered and for costs.O.42 r.18. Execution in case of cross-judgments for money.H.K.Code,s.72(2). Levying expenses of execution.O.42 r.15. Determination of questions as to mesne profits and other matters.H.K.Code,s.79(8). Power of the Court to order immediiate execution.[ib.s.71.] Procedure in case of order for immediate execution. Filing of pracipe for writ of execution.H.K.Code,s.72(1).O.42 r.12.form 28. Note of application for execution.H.K.Code,s.72(6). Application for leave to issue execution in certain cases,and proceedings thereon.[ib.s.73.]O.42 r.23. Application forleave to issue execution by one of several persons entitled.Indian Code,s.231. Staying execution on ground of new facts.O.42 r.27. Staying execution on previous judgment. where action pending between same parties.H.K.Code,s.72(3). Issue and date of writ.[ib.s.74.] O.42 r.14. Order of issue of writs.H.K.Code,s.72(8). Procedure where resistance is offered to execution of judgment for immovable property.[ib.s.75(1)-(4).]form 29. Procedure where person other than judgment debtor disputes right to dispossess him of immovable property under judgment.H.K.Code,s.75(5). Effect of decision under ss.396 or 397.[ib.s.75(6).] Levy of execution on judgment for money.H.K.Code,s.76(1).form 30. Attachment of movable property.[ib.s.76(2),(3).]form 31. Attachment of immovable property.[ib.s.76(4).] form 32. Attachment of shares in public company.[ib.s76(5).] Attachment of negotiable instrument.[ib.s.76(7).] Attachment of property in custody of public officer.[ib.s.76(6).] Attachment of property in custodia legis.H.K.Code,s.76(6). Service of prohibitory order.[ib.s.76(8).] No.1 of 1844. Nullity of alienation,etc., of property after attachment.[ib.s.76(9).] Payment of money or proceeds of property attached to judgment creditor.[ib.s.76(11).] Appointment of manager of immovable property attached.[ib.s.76(12).] Raising of judgment debt by mortgage,etc.,of immovable property attached.H.K.Code,s.76(12),(13). Withdrawal of attachment on satisfaction of judgment.[ib.s.76(14).] Order for attachment of debts due to judgment debtor.O.45,r.1.forms 33,34. Effect of service of order of attachment.ib.r.2. Payment into Court by garnishee.H.K.Code,s.76(10). Issue of execution against garnishee.O.45 r.3.form 35. Trial of question of liability of garnishee.ib.r.4. Claim or lien of third person to or on debt,and proceedings thereon.ib.rr.5,6. Effect of payment by or execution on garnishee.O.45 r.7. Payment of proceeds of debts attached to judgment creditor.H.K.Code,s.76(11). Appointment of manager of debts attached.[ib.s.76(12).] Debt Attachment Book.O.45 r.8. Costs of proceedings for attachment.O.45 r.9. Investigation of claim to attached property,and order thereon.H.K.Code,s.77. Power to order sale of movable property taken in execution and claimed by third party.O.57 r.12. Giving of notice by bailiff of claim to movable property taken in execution.ib.r.16. Withdrawal by bailiff on admission of claim.ib.r.16A. Conduct and mode of sale in execution.H.K.Code,s.78(1). Application to set aside sale of immovable property for irregularity.[ib.s.78(2).] Sale of immovable property made absolute,confirmed,or set aside.H.K.Code,s.78(3). Repayment of deposit,etc.,when sale of immovable property is set aside.[ib.s.78(4).] Granting of certificate to purchaser when sale of immovable property becomes absolute.[ib.s.78(5).] No.1 of 1844. Delivery to purchaser of immovable property sold in execution.[ib.s.78(8),(9).] Procedure where resistance is offered to purchaser of immovable property sold in execution.H.K.Code,s.78(13),(14). Delivery to purchaser of movable property sold in execution.[ib.s.78(6),(7).] Prohibitory order in case of debts and shares sold in execution.[ib.s.78(10).] Negotiable instruments.H.K.Code,s.78(11). Execution of transfer of sgare,etc.[ib.s.78(12).] Duration of imprisonment for debt.[ib.s.79(3).] Subsistence allowance to prisoner for debt.[ib.s.79(1).] Removal to hospital of prisoner for debt in case of serious illness.H.K.Code,s.79(2). Release of prisoner for debt.[ib.s.79(3).] Recovery of amount of subsistence money.[ib.s.79(4).] Application of prisoner for debt for discharge.[ib.s.79(5),(6).] form 36. Form 37. Effect of discharge of prisoner for debt.H.K.Code,s.79(7). Order an person disobeying judgment to show cause why he should not be punished.[ib.s.81(1),(2).] Service of order,etc.H.K.Code,s.81(3). Proceedings on return-day of order.[ib.s.81(4).] Enlargement of time for return to order;conditional order of committal.[ib.s.81(5).] Duration of detention of person committed.[ib.s.81(6).] Power to order act directed to be done at expense of party refusing to do it.O.42 r.30. Enforcement of judgment against disobedient corporation.O.42 r.31. Proceedings by foreign attachment.H.K.Code,s.82(1). Issue of writ of foreign attachment.[ib.s.82(2).] form 38. Meaning of 'absence from the Colony.' H.K.Code,s.82(3).Bond by plaintiff before issue of writ.[ib.s.82(4),(5).]form 39. Court may order issue of writ before execution of bond.[ib.s.82(5).] Movable property.[ib.s.82(6).] Priority of writs.[ib.s.82(7).] Attachment of property in custody of publuc officer.H.K.Code,s.82(8). Attachment of property in custodia legis.[ib.] Effect of service of writ on garnishee as regards movable property.[ib.s.82(11).] Execution of writ against immovable property.[ib.s.82(9).]No.1 of 1844. Effect of registration of memorial of writ on immovable property.[ib.82(10).] Sale of movable property attached under writ.H.K.Code,s.82(12). Punishment of garmishee disposing,without leave,of property attached.[ib.s.82 (13).] Seizure of attached property in danger of being removed,etc.[ib.s.82(14).] Publication of notice of issue of writ.H.K.Code,s.82(15). Service of notice of writ on defendant.[ib.s.82(16).] Filing of statement of claim,and proceedings thereafter.H.K.Code,s.82(17). Proceedings at trial of action.[ib.s.82(18),(21).] Attachment of ship in case of adverse claims to goods laden on board.H.K.Code,s.82(22). Procedure where several claims to property attached.[ib.s.82(23).] Staying proceedings against garnishee.[ib.s.82(24).] Giving leave to defendant to defend action.[ib.s.82(25).] Application by defendant to dissolve attachment.[ib.s.82(26).] Application by defendant to set aside judgment,etc.H.K.Code,s.82(27). Saving of rights of bona fide purchaser of property in case writ dissolved.[ib.s.82(28).] Mode of preferring claim against Government.[ib.s.83(1).]23 & 24 Vict.c.34. Commencement of action.H.K.Code.s.83(2). Consent of Governor,and procedure thereafter.[ib.s.83(3).] Service of documents in action.H.K.Code,s.83(4). Procedure where judgment given against Government.[ib.s.83(5).] Right and liability of partners to sue and be sued in firm name,and disclosure of names of partners.O.48A r.1. Disclosure of names of partners in action by firm.ib.r.2. Service on partners sued in name of firm.O.48A r.3. Notice of capacity in which person is served.ib.r.4. Appearance of partners.ib.r.5. Manager served need not appear.ib.r,6, Appearance under protest of person served as partner.ib.r.7. Execution of judgment against firm.ib.r.8. Attachment of debts owing from firm.O.48A r.9. Application of Chapter XIX to actions between co-partners.ib.r.10. Application of Chapter XIX to person trading as firm.O.48A r.11. Application by poor person to sue or defend as pauper.H.K.Code,s.86(1). Assignment of counsel and solicitor to consider case.[ib.]O.16 r.23. Order for admission to sue or defend as pauper.[ib.]ib.r.24. Assignment of counsel and solicitor to assist pauper.ib.r.26. Exemption of pauper from fees.H.K.Code,s.86(4).O.16 r.25. Duty of counsel or solicitor assigned to act.ib.r.26. Punishment of person taking fee from pauper.ib.r.27. Dispaupering of pauper.H.K.Code,s.86(5).O.16 r.28. Duty of solicitor of pauper as to signing of documents.ib.rr.29,30. Service of writ of summons in case of vacant possession.O.9 r.9. Acftion for recovery of immovable property to the Crown. Appearance by person in possession.O.12 r.25. Appearance by landlord.ib.r.26. Procedure where person not named as defendant appears.ib.r.27. Limitation of defence to part of property.ib.r.28. Plea of possession.O.21 r.21. Duty of tenant to give notice to landlord of writ in ejectment.[15 & 16 Vict.c.76 s.209.] Proceedings in ejectment by landlord against tenant for non-payment or rent.[ib.s.210.] Limitation of right of lessee to relief on equitable graounds.[15 & 16 Vict.c.76 s.211.] Discontinuance of proceedings in ejectment on payment of rent and costs.[15 & 16 Vict.s.76 s.212.] Ejectment by landlord against tenant holding over after expiration of term or determination of tenancy by notice to quit.[ib.s.213.] Power on trial of ejectment by landlord against tenant to give damages for mesne profits.[15 & 16 Vict.c.76 s.214.] Saving of other remedies of landlord.[ib.s.215.] Right of plaintiff to claim man- damus by indorsement on writ.H.K.Code,s.85(1). Setting forth of grounds for mandamus in statement of claim.[ib.s.85(2).] Proceedings in action claiming mandamus.[ib.s.85(3).] Issue of peremptory writ of mandamus.[ib.s.85(4).] Nature of writ and return thereon.[ib.s.85(5).] Saving of prerogative writ of mandamus.[17 & 18 Vict.c.125 s.75.] Acceleration of proceedings for prerogative writ.[17 & 18 Vict.c.125 s.76.] Procedure on prerogative writ.[ib.s.77.] Cases in which relief by inter-pleader granted.O.57 r.1. Matters to be proved by applicant.ib.r.2.form 40. Adverse titles of claimants.ib.r.3. Application by defendant.O.57 r.4. Summons by applicant.ib.r.5. Stay of action.ib.r.6. Order upon summons.ib.r,7, Disposal of claims in summary manner.ib.r.8. Decision of question of law.ib.r.9.Failure of claimant to appear or refusal to comply with order.ib.r.10. Finality of order.ib.r.11. cf.No.27 of 1912. Application of Chapters VI and XII.O.57 r.13. General powers of the Court in interpleader proceedings.ib.r.15. Interpretation of 'submission.' [52 & 53 Vict.c.49 s.27.] Effect of submission.[ib.s.1.] Provisions implied in submission.[ib.s.2 and 1st schedule.] Power of Court to stay legal proceedings where there is a submission.[52 & 53 Vict.c.49 s.4.] Appointment in certain cases of arbitrator,etc.[52 & 53 Vict.c.49 s.5.] Power for parties in certain cases to supply vacancy among arbitrators.[ib.s.6.] Powers of arbitrator or umpire and procedure on reference.[52 & 53 Vict.c.49 s.7.] O.36 r.48. Ib.r.49. Ib.r.50. Ib.r.51. Ib.r.53. Suing out of subpoena.[52 & 53 Vict.c.49 s.8.] Enlargement of time for making award.[ib.s.9.] Remitting of award.[52 & 53 Vict.c.49 s.10.] Misconduct of arbitrator or umpire.[ib.s.11.] Application to set aside award.O.64 r.14. Enforcement of award.[52 & 53 Vict.c.49 s.12.]O.42 r.31A. Reference of question arising in cause or matter for inquiry and report by referee,etc.[52 & 53 Vict.c.49 s.13.] Reference of cause or matter,or of question therein,for trial before referee,etc.[ib.s.14.] Powers of referee,and procedure on reference.[52 & 53 Vict.c.49 s.15(1).] O.36 r.48. Ib.r.49. Ib.r.50. Ib.r.51. Ib.r.52. O.36 r.53. Ib.r.54. Ib.r.55. Ib.r.55B. Judgment to be entered by referee.O.40 r.2. Setting aside judgment of referee.ib.r.6. Effect of report or award.[52 & 53 Vict.c.49 s.15(2).] Remuneration of referee,etc.[ib.s.15(3).] Powers of the Court as to reference.[ib.s.16.] Compelling attendance of witness before referee,etc.[ib.s.18.] Statement of special case pending reference.[ib.s.19.] Costs.[ib.s.20.] Punishment for perjury.[ib.s.22.] The Crown to be bound by Chapter XXIV.[ib.s.23.] Application of Chapter XXIV to references under statutory powers.[52 & 53 Vict.c.49 s.24.] Application for taking security for appeaarance of defendant in certain cases.H.K.Code,s.16(1). Issue of warrant for bringing defendant before the Court to show cause why he should not give security.[ib.s.16(2).]forms41,42. Showing cause,and procedure thereon.[ib.s.16(3),(4).] form 43. Form 44. Release or committal to custody of defendant.H.K.Code,s.16(5). Subsistence or defendant in prison to be paid by plaintiff. Application by defendant for discharge of bail or for release from prison. Power to award limited compensation to defendant for unjustifiable arrest.H.K.Code,s.16(6). Application for taking security from defendant or for attachment of his property in certain cases.[ib.s.17(1),(2).] Issue of warrant requiring defendant to furnish security or to appear and show cause,and attaching his property.H.K.Code,s.17(3),(5).form 45. Showing cause,and procedure thereon.[ib.s.17(4),(5).] Saving of rights of other persons under attachment.H.K.Code,s.17(6). Removal of attachment on furnishing of security.[ib.s.17(7).] Power to award limited compensation to defendant for unjustifiable attachment.[ib.s.17(8).] Arrest and detention of ship in special circumstances.[ib.s.19(1).] Release of ship under detention.H.K.Code,s.19(3). Power to award limited compensation for unjustifiable arrest and detention.[ib.s.19(2).] Granting of injunction to stay waste,damage,or alienation of property.[ib.s.18(1).] Granting of injunction to restrain breach of contract or other injury.[ib.s.18(2).] Giving notice of application for injunction.Indian Code,s.494. Effect of injunction directed to company or corporation.[ib.s.495.] Discharge,etc., of order for injunction.[ib.s.496.] Power to award limited compensation to defendant for unjustifiable injunction.H.K.Code,s.18(4). Appointment of receiver of property in dispute and powers of receiver.H.K.Code,s.18(1). Appointment of receiver by way of execution.O.50 r.15A. Giving of security by,and salary of,receiver.ib.r.16. Adjournment of order for receiver into Chambers for giving of security.ib.r.17. Fixing of times for leaving and passing accounts and paying balances.O.50 r.18. Leaving and passing account.ib.r.20. Proceedings on default made in leaving or passing account,etc.ib.r.21. Appeal from decisions.No.3 of 1873. Motions for new trial to be heard by Full Court.Jud.Act,1890,s.1. General power to order new trial.H.K.Code,s.68(1). Application for new trial.[ib.s.68(2)-(4).]O.39 r.3. Grounds for granting for refusing new trial.[ib.s.68(7).]O.39 r.6. O.39 r.8. Power to order new trial on any one question.ib.r.7. Power to order non-suit,etc.H.K.Code,s.65(5). Order for new trial,etc. Costs of first trial where new trial.[ib.s.68(5),(6).] Recording of grant of application for new trial.[ib.s.68(8).] Restriction on right of appeal.[36 & 37 Vict.c.66 s.49.] Limit of time for appealing from decision;security for costs.O.58 r.15. Appeal to be by re-hearing on motion.O.58 r.1. Service of notice of motion for appeal,etc.ib.r.2. Length of notice.ib.r.3. General powers of the Full Court in hearing appeal.ib.r.4. Power to order new trial.O.58 r.5. Power as to costs.ib.r.4. Notice of appeal by respondent.ib.r.6. Length of notice by respondent.ib.r.7. Setting down appeal.ib.r.8. Evidence on appeal as to question of fact.O.58 r.11. Transcript of proceedings. Evidence as to direction of or questions by Judge.ib.r.13. Interlocutory order not to prejudice appeal.ib.r.14. Stay of proceedings.ib.r.16. Mode of making incidental application.ib.r.18. Interest where execution delated by appeal.ib.r.19. Counsel in Chambers.O.55 r.1A. Course of proceeding in Chambers.ib.r.37. Entry of summons in Summons Book.ib.r.38. Determination on originating summons of questions relating to estate of deceased person or to express trust.ib.r.3. Order on originating summons for administration of estate or of trust.O.55 r.4. Persons to be served with originating summons.ib.r.5. Service on other persons.O.55 r.6. Evidence in support of application.ib.r.7. Judgment upon summons.ib.r.8. Carriage and service of judgment.ib.r.9. Right of the Court to refuse toorder administration.ib.r.10. Orders on application for administration,or execution of trust,where no sufficient accounts have been rendered.O.55 r.10A. Interference with discretion of executor,etc.ib.r.12. Application by summons under Trustee Ordinance,1901.[cf.No.5 of 1901.]ib.r.13A. Application in Chambers for relief relating to Charity with annual income exceeding $300.[16 & 17 Vict.c. 137 s.28.] Persons by whom application relating to charity may be made.[16 & 17 Vict.c.137 s.43.] Attorney General may apply under 52 Geo.III c.101.[ib.] Power to order sale instead of foreclosure of mortgaged property,etc.[44 & 45 Vict.c.41 s.25.] Power to order sale of immovable property genrally.O.51 r.1. Right of mortgagor in ejectment by mortgagee to pay mortgage money,etc.,and to have re-conveyance.[15 & 16 Vict.c.76 s.219.] Cases excepted from operation of section 643.[15 & 16 Vict. C.76 s.220.] Originating summons for sale,foreclosure,etc.O.55 r.5A. Persons to be served with summons.ib.r.5B. Power to Judge to obtain assistance of accountant,etc.ib.r.19. [15 & 16 Vict.c.80 s.43.] Evidence on application for appointment of guardian and for maintenance.O.55 r.25. Appointment of guardian ad litem in proceedings in Chambers.ib.r.27. Classifying interests of parties.ib.r.40. Court may require separate solicitor to represent parties.O.55 r.41. Attendance of parties not directed to attend.ib.r.42. Drawing up of order stating parties who have been directed to attend.ib.r.43. Exclusion of claimants not coming to prove within time fixed.ib.r.44. Number of advertisements.ib.r.45. Advertisement for claimants.ib.r.46.form 46. Advertisement for creditors.O.55 r.46A.form 47. Particulars of advertisement.ib.r.47. Non-necessity of attendance,etc., by creditor.ib.r.49. Duty of creditor to produce security,and evidence of debt.ib.r.50. Creditor refusing to produce security,etc.ib.r.51. Examination and verification of claims.ib.r.52. Postponement of affidavit.O.55 r.53. Adjournment of hearing of claims.ib.r.54. Adjudication on claims.ib.r.55. Notice to creditor of claim allowed or not allowed.ib.r.56. Claims after expiration for time fixed.O.55 r.57. Costs of creditor establishing debt.ib.r.58. List of claims allowed.ib.r.59. Service of notice to claimant or creditor.ib.r.61. Computation of interest on debt carrying interest.ib.r.62. Allowance of interest on debt not carrying interest.ib.r.63. Interest on legacy.O.55 r.64. Nature of certificate.ib.r.65. Reference in certificate to judgment,etc.ib.r.66. Contents of certificate in case of account.ib.r.68. Taking opinion of the Court.O.55 r.69. Effect of certificate.ib.r.70. Application to discharge or vary certificate.ib. Power to discharge or vary certificate.ib.r.71. Further consideration of matter originating in Chambers.ib.r.72. Keeping of notes of proceedings in Chambers.ib.r.73. Drawing up and entering of order.O.55 r.74. Evidence of order.ib.r.74A. Delegation of powers and duties. Appointment of sittings.H.K.Code,s.52(2). General publicity of sittings.[ib.s.52(3).] Order of business at sitting.[ib.s.52(4).] Sealing and filing of documents.H.K.Code,s.96. Keeping of Cause Book.[ib.s.6.]form 48. General power of adjournment.[ib.s.90.]O.36 r.34. Power to allow income of property,pendente lite.O.50 r.9. Proceedings for limiting shipowner's responsibility.[57 & 58 Vict.c.60.] Effect of non-compliance with the Code.O.70 r.1. Time for applying to set aside proceeding for irregularity.ib.r.2. Statement of grounds of application.ib.r.3. Costs on dismissal of summons to set aside proceeding.ib.r.4. Power to enlarge or abridge time for doing act or taking proceeding.H.K.Code,s.92. Enlargement of time by consent.O.64 r.8. Rules for computation of time limited for doing act or taking proceeding.H.K.Code,s.93. No.5 of 1898. Appointment of Commissioners for Oaths.16 & 17 Vict. C.78 ss.1-5;52 & 53 Vict. C.10 s.1. Officers of the Court,to administer oaths.52 & 53 Vict. C.10 s.2. Application for leave to issue writ of attachment.O.44 r.2. Effect of writ of attachment.ib.r.1. Privilege of judicial officer from arrest,Indian Code,s.642. Saving of certain provisions of 8 & 9 Will.III c.11. General mpde of publishing notice.H.K.Code,s.97. Forms.[ib.s.98.] [J.A.App.A,Part I,form 1.] (1)State concisely the nature of the claim. (2)Mention the city,town,or village,and also the name of the street and number of the house,if any. [J.A.App.A,Part I,form 2.] (1)State concisely the nature of the claim. (2)Mention the city,town,or village,and also the name of the street and number of the house,if any. [J.A.App.K,form 1A.] (1)If the question to be determined arises in the administration of an estate or a trust,entitle it also in the matter of the estate of trust. (2)State concisely the nature of the claim. (3)State the questions. [J.A.App.K,form 1B.] (1)State the object of the application. [J.A.App.K,form 1H.] (1)State the object of the application. [J.A.App.K,form 1F.] (1)Insert the name of the defendant or respondent. [J.A.App.A,Part I,form 5.] [J.A.App.A,Part I,form 6.] Insert number of days according to the order.If notice of the writ is to be served,insert 'of notice.' Insert number of days according to the order.If notice is to be served,insert 'of notice.' [J.A.App.A,Part I,form 9.] [J.A.App.A,Part I,form 10 A.] [J.A.App. A,Part I,form 10 B.] [J.A.App.A,Part I,form 10C.] [J.A.App.K,Part I,form 20 A.] [J.A.App.A,Part II,form 1.] [J.A.App.A,Part II,form 8.] [J.A.App.G,form 28.] [J.A.App.B,Part II,form 1.] [J.A.App.K,form 4E.] [J.A.App.K,form 4F.] (1)Mention the Judge. [J.A.App.E,Sec.II.] [J.A.App.E,Sec.II.] [J.A.App.E,Sec.II.] [J.A.App.E,Sec.II.] [J.A.App.E,Sec.III.] [J.A.App.B,Part II,form 6.] [J.A.App.B,Part II,form 7.] [J.A.App.B,Part II,form 8.] [J.A.App.G,form 25.] [J.A.App.b,Part II,form 18.] (1)State the object of the motion. (1)State the object of the application. (1)State the object of the application. [J.A.App.K,form 2.] (1)Mention the Judge. (2)State the nature of the order. (1)Describe the property and its situation. (1)Describe the property. (1)Describe the particular immovable property and its situation. [J.A.App.B,Part II,form 25.] (1)Insert name,address,and description of garnishee. [J.A.App.K,form 39.] (1)Mention the Judge. [J.A.App.K,form 40.] (1)Mention the Judge. (1)Mention the Judge. [J.A.App.B,Part II,form 26.] (1)'is' or 'are.' (2)If the claim is in writing,make the writing an exhibit. (3)State expectation of suit,or that he has already sued. [J.A.App.L,form 2.] [J.A.App.L,form 3.] (a)Name of Judge. (b)Description of Foreign Tribunal. ©Name and description of the Ambassador,Minister,Diplomatic Agent or Consul of the foreign country. (d)Name of foreign country. (e)Names of witnesses. (f)Name and address of examiner. (g)Place appointed for examination. (h)Description of documents,if any ,required to be prduced.