CODE OF CIVIL PROCEDURE

CODE OF CIVIL PROCEDURE

No. 3 of 1901.
An Ordinance to establish a Code of Civil Procedwre.

[1st July, 1901.]

1. This Ordinance may be cited as the Code of Civil
Procedure.

2. In this Ordinance,

(a') Action ineans a civil proceeding commenced by
writ of summons or in such other manner as is prescribed
by this Code.
(b) The bailiff means a bailiff of the court and includes
any person lawfully authorised to execute the process of the
court.
(c) Cause means any action ' suit or other original.
proceeding between a plaintiff and a defendant.
(d) Cause of action in actions founded on contract does
not necessarily mean the -whole cause of action, but a cause
of action shallbe deenied to have arisen within the jurisdic-
tion if the contract was made therein, though the breach

As amended by Law Rev. Ord., 1924.

may have occurred elsewhere, and also if the breach occurred
within the jurisdiction, though the contract may have been.
made elsewhere.

(d) C4 This Code means the Code of Civil Procedure
established by this Ordinance.

(f) The court means the Supreine, Court and includes
the Chief Justice and any other judge, sitting separately, in
court.or in chambers.

(g) The Hongkong Code of Civil Procedure ineans the
Code of Civil Procedure established by Ordinance No. 13 of'
1873, and repealed by Ordinance No. 6 of 1901 (both as
numbered before the coming into force of the edition of
Statute Laws of the Colony prepayeel nader Ordinance No.
36 of 1900 now numflered as Orditiance No. 12 of -1900);
and the expression shall have the same meaning when used
in any other Ordinance.

(h) Judgment includes decree.

(i) Judgment creditor means any person in whose.
favoura judgment or order capable of execution has been
given or made, and includes any person to whom such judg-
ment or order has been transferred.

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

(k) Matter includes every proceeding in the court not
in a cause..

(1) Originating summons means every summons other
than a summons in a pending cause or matter.

(m) Party includes every person served with notice of
or attending any proceeding, althougb not named on the
record.

(n) Receiver includes a consignee or manager appointed
by or under an order of the court.

(0 The Registrar means the RegisItrar of the court.

(p) The Registry means the Registry of the court.

(q) ~~Within the jurisdiction means within the. Colony.

3. Nothing in this Code shall affect-

(1) the rights, privileges, or remedies, of the Crown, or
the existing jurisdiction . or powers of the court, firther or
otherwise than is herein expressly enacted in that behalf ; or
(2) the practice or procedure of the court prescribed by
any enactnient relating to-.

(a) causes or matters testamentary, or in bankruptcy, or
in its Admiralty jurisdiction; or

(b) the incorporation, regulation, and winding tip of coin-
panies and other associations.

4. In all cases with respect to whigh no provision is inade
by this Code, the Ritles of Practice in force in the Supreme
Court in England on the 31st day of December, 1911, shall
be deemed to be in force in the court, subject to their
applicability and with such modifications as the circitmstances
may require:
Provided that where any subject dealt with in stich Rhiles
of Practice is provided for wholly or in part in this code.
the English rule shall be deemed not to e in force in the
court.

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

PART L-ACTIONS. IN GENERAL.
Chapter L-Institution of action.
Chapter IL-Parties.
Chapter III.-Joinder of causes of action.
Chapter IV. - Pleadings.
Chapter V.-Amendment.
Chapter VL-Discovery, Inspection, and Admissions.
Chapter VIL-Issues, Inquiries, and Accounts.
Chapter VUL-Special case.
Chapter M-Issues of fact without pleadings.
Chapter X.-Interlocutory proceedings.
Chapter XL-Preliminaries of trial.
Chapter XIL-Trial.
Chapter MIL-Evidence.
Chapter XIV.-3-iiclgiiient.
Chapter XV.-Costs.
Chapter XVI.-Execution.

PART K-SPECIAL ACTIONS AND PROCEEDINGS.
Chapter XVII.-Foreign attachment.
Chapter XVIII.-Action against the Government.
Chapter XIX.-Action by or against firin, etc.
Chapter XX.-Action by or against pauper.
Chapter XXl.-Action for recovery of iininovable property.
Chapter XXII.-Mandamus.
Chapter XXIII. -Interpleader.
Chapter XXIV.-Reference to arbitration.
PART III-PROVISIONAL REMEDIES.
Chapter XXV.-Arrest and attachment before judgment.
Chapter XXVI.-Temporary injunction.
Chapter XXVIL-Receiver.
PART IV-APPEALS.
Chaper XXVIII-Appeal to the Full Court.
PART Y.-MISCELLANEOUS.
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 manner hereinafter prekribed.

PART 1.

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

The writ shall be prepared by the plaintiff or his
It shall be written or printed, ot partly written
and partly pirinted, 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
representative 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.

(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,. of which notice is
to be given out of the jurisdiction, shall be issued 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 servie of the writ has not been effected within
twelve 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 discretion, from time to
time renew the operation of the writ forperiod not,
exceeding six 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 summons shall be deemed to apply to proceedings which
may now bc heard on petition without preliminary service
on any party, but all petitions shall be subject to the rtiles
hereinafter contained with respect. to pleading and to the forni
and contents of 'a, statement ofso 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 deniand in money payable by the defend-
ant, with or without interest, arising-

(1) on a contract, express or implied, (as, for instance, on
a bill of exchange, promissory note, or cheque, or other
simple contract debt); or

(2), on a bond or contract under seal for payment of a
liquidated amount of money; or

on any enactment where the sum sought to be recovered
is a fixed sum of money or in the nature of a debt other than
a penalty; or

(4) on a guarantee, whether under seal or not, where the
claiin against the Principal is in respect of a debt or liqui-
dated demand only; or

(5) on d trust,

the writ ed summons may, at the option of the plaintiff, be
specially indorsed with a statement of his claim or of the
relief or remedy to which he claims to be entitled.

20. In any action for the recovery of immovable property,
with or without a claim for rent or mesne profits, by a land
lord against a tenant whose term has expired or has been
duly determined by notice to quit, or against any person
claiming under such tenant, the writ of summons may, at the
option of the plaintiff, be specially indorsed with a statement
of his claim or of the relief or remedy to which he claims to
be entitled.

21.-(1) Where the plaintiff's claim is for a debt or liqui-
dated demand only, the indorselnent, besides stating the
nature of the claim, shall state the ainount claimed for debt
or in respect of * such dernand, and fol. any interest. thereon
payable by law or under any contract, express or implied,
and for costs respectively, and shall further state fliall, oil
payment thereof within four days after service or, in ease of
a writ not for service within the jurisdiction, within the time
allowed for appearance, further proceedings will be stayed.

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

22. In default of appearance to a specially inclorseol writ,
the plailitilY, on satisfying the cout that the writ was duly
.served, shall be entitled to judgment for any sum not exceed-
ing the sum indorsed on the writ, together with interest at
the rate specified, if any, or, if no rate is specified, at the
rate fixed by the court,* to the date of the judgment, and
costs, or that the person whose title is asserted in the writ
shall recover possession of the immovable property, and costs:
Provided that the court may, nevertheless, on such terms as
may seem just, give leave to the defendant to appear and
defend the action on an application supported by satisfactory
affidavits accounting for his no an application supported by satisfactory
a defence on the merits.

23.-(1) Where the defendant appears to a specially
indorsed writ, the plaintiff may, on filing an affidavit made
by himself or by any other person who 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 hearing of such summons, the court shall make
such order, and on such ternis and conditions, if any, as may
be just.
(3) If it appears to the cou rt that any. defeada nt has a good
defence to or ought to be permitted to defend the action, and
that any other defendant has not such defence and ought not
to be permitted to defend, the former may be. pernatted to
defend, and the plaintiff may be allowed to proceed to judg-
ment and execution against the latter, without prejudice to
.his right to proceed with his action against the former.

24.-(1) In like manner, in cases of ordinary account as
in the case of a partnership, or executorship, or ordinary
trust accoont, where nothing more is required in the first
instance than an account, the writ rnay be specially indorsed
with a claim for such account, and in default of appearance, t
or after appearance, unless the defendant tbe court
that there is really some preliminary question to be tried, an
order for the proper accunt, with all necessary inquiries and
directions now usual in similar cases, shall be forthwith
made.
(2).The application for such order shall be made by sum-
mons and be supported by ail affidavit, when necessary, filed
on behalf of the plaintilf, stating concisely the grounds of his
claim to in account. The application may be made at any
time after the time for entering an appearance has expired.

Coneurrent writs.
25.-(1) The plaintiff in any action may, at the time of or
at any time during twelve months after the issuing of the
Original writ of summons, issue one or more concurrent writ
or writs, each concurrent writ to bear teste of the same day
as the original writ, and to be marked by the Registrar with
the word concurrent and the date. of issuing the concurrent
writ: Provided that such concurrent writ or writs shall only
be in force for the period during which the original writ in
.the action may In in force.
(2) A writ for service 'within the jurisdiction may be
issued uedand marked ,-is 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 lieu
of service is to be given, out of the jurisdiction, may be
issued' and marked as a concurrent writ with one for service
within the jurisdiction.

Originating summons.

26. An originating summons shall be prepared by the
applicant or his solicitor, and shall be signed by the
Registrar and sealed with the seal of the court, and shall there-
upon 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 shall be
filed by the Registrar.

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

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

(3) If he appears at any time after the time limited by the
summons for appearance, he shall not, unless the court other-
wise orders, be entitled to any further time for any purpose
than if he had appeared according to the.surnmons.

29.-(.1) The day and hour for attendance under an
originating summons shall, after appearance, be fixed by
notice, sealed with the seal of the court.

(2) The notice shall be served on the defendant or respond-
ent by delivering a copy thereof at the address for service
named in, the memorandum of appearance of such defeildant
or respondent not less than four days before the return-day.

Provisions relating to solicitors.

30.----(1) Every solicitor whose name is indorsed on a
writ of summons shall, on demand in writing mae by or on
behalf of any defendant who has been served therewith or
has appeared thereto, delcare forthwith in writing whether
such writ, has been issued by him or with his authority or
privity.

(2) If such solicitor declares that the writ was not issued
by him or with his authority or privity, all proceedings upon
the same shall be-stayed, and no further proceedings shall.
be taken thereupon without 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, with-
out 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 the opposite party, the
former solicitor shall be considered the solicitor of the party
-until the conclusion of the cause or matter.

Sermce of process in general.

32. No service in an action or other proceeding shall be
made on Skinday, Christmas Day, or Good Friday.

83. Unless in any case the court thinks it proper other-
wise 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 undertakes 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
delivering the document to be served to such solicitor or by
leaving the same at his place of business.

84.-(1) Where it is made to appear to the court that for
any reason prompt personal'service of any document of which
service is required cannot conveniently be effected, the emirt
may order that service be effected-

(a) by delivery of the document to be served, together with
the brder for service, to some adult inmate at the usual or
last-known place of abode or business within the Colony of
the person to be served; or

(b) by delivery thereof to som e 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
reasonable 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 house, 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

(e) in any two or more of these modes.

(2) Every application for an order for such service shall
be supported 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 proceeding Is against a
person, in the service of the Government, the Registrar way
transmit a copy of the document to be served to the head of--
the departnient in which the defendant is employed, for the
purpose of being served on him, if it appears to the court
that the document may most 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 place of business or
registered office in the Colony, 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 leaving it at the office, of the corporation or
company.

37. When the action or other * proceeding is against any
corporation or company which does not fall within the
provisions of section 36, but which has an office and carries
on business in the Colony, the document may be served by
giving it to the principal officer, or by leaving it at the office,
of the corporation or company within the Colony.

38. When the action or other proceeding is against a
husband and his wife, the document shall be served on both,
unless 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

As aniended by Law Rev. Ord., 1924.

whom the infant resides or under whose care he is: Provided
that the court may order that service made, or to be made on
the linfaut shall be deemed good service.

40. When the action or other proceeding is against a
lunatic or person of unsound mind not so found by inquisition
the document may, unless the court otherwise orders, be
served on the committee of the lunatic or on the person with
whom the person of unsovind inind resides or under whose
care he is.

41. When the action or other proceeding is against a
person residing out of the jurisdietion, but carrying on
business in the Colony in his own name or under the name
of a firm through a duly authorised agent, the document
may be served by giving it to such agent, and stich service
shall be equivalent to personal serviceon 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 summons may be allowed by
the court whenever-

(a) the whole subject-matter 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 witbin the jurisdiction,
is sought to be construed, rectified, set aside, or enforced in
the action; or

(c) any relief is, songht against ally person domiciled or
ordinarily resident within the jurisdiction; or

(d) the action is for the administration of the persolial
estate of ally deceased person who at the time of his death
was domiciled within the jurisdiction, or for the execution
(as to Property situate within the jurisdiction) of the trusts
of any written instrument, of which the person to be served
is a trustee, which ought 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

As amended by Law Rev. Ord., 1924.





(f) any injunction is sought as to anything to be done.
within the Jurisdiction, or any nuisance within the jurisdic-
tion is sought to be prevented or removed., whether daniages
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 sonie
other person duly served within the jurisdiction. . .
(2) Every application for leave to serve a of summons
or notice of a writ of surninons on a defendant oul ' ofthe
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 may be found, and whether
such defendant is a . British subject or not, and the
grounds on which the application is made; and no such
leave shall be granted unless it is made 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 giving leave to effect such service shall
limit a tlrae after the service within which the defendant is
to enter an appearance, 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 British subject nor
in British dominions, notice of writ, in Form No. 8a in the
Schedule, and not the writ itself, is to be served upon him.

(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 whenever in any section of this Code a writ
of summons and service of a writ of summons out of the
jurisdiction is referred to, it shall be held to apply, mutatis
mutandis, where the defendant is not a British subject, to
notice of A writ and the serving of notice of a writ of
summons respectively.
(6) This section shall apply to writs of summons and
notices of writs of summons in probate actions.
(7) The court or a judge, may direct that any summons,
order or notice, shall be served on any party or person in a
foreign country and the procedure prescribedby this section
with reference to service of notice of a writ of summons shall
apply to the service of any summons, order or notice so
directed to be served.






(8) Where leave is given to serve.. notice of a writ of
sunimens, or other document, in amy loreigii country to
which Order XI, rule 8, of the.Rules of the Supreme Court
in England has by order of the Lord Chancellor been
applie
(i) The notice to be served shall be sealed with the seal
of the court and shall be forwarded by- the judge to the
Colonial Secretary, together with a copy thereef translated
into' the language of the country in which semice is to be
effected, and with a request that the necessary steps be
taken for the further transmission of the saine, through the
proper channels, to the Governrnent of the cowntry in which
leave to serve notice of the writ has been given. Such.
request shall be in Form No. 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 time of bespeaking the saine,
file a preci e in Form No. 8e the Schedule.
p
(iii) An. official certificate, or declaratien upon oath, or
otherwise, transmitted through the diploniatic channel by
the Government or court of a foreign country to which this
section applies, to the Supreme Court, sliall, 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 affidavit of service within the recluirements
of'this section in that behalf.

(iv)- Where an official certificate or declaration, transmitted
to the Supreme Court in manner provided inpai.agraph (iii)
certifies or declares thaf effortsto 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 reuest for substituted service o of such
notice. Such order shall be in Forni No,8c, in the
Schedule, with such variations as circumstances 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 a proceipe in Form No.8c in the
Schedule, and the notice of writ and copy of the same, and
the. order shall be sealed and transmitted to, the Colonial





Secretaryin manneraf-oresald together with a request in Form
No. 8d in the Schedule, with such variations as circumstances
inay require.

Service of process for foreign tribunals.

42A. Where in any civil or cominercial matter -pending
before a court or tribunal of a foreign country a letter of
request from such court ol. tribunal for service oil ally person
in this Colony of ally process or citation in such matter s
transmitted to the Supreme Court by the Colonial Secretally
with an intimation that it is desirable that effect shotild be
given to the same, the following procechire. shall
adopled :-
(i) The letter of request for service shall be accompanied
by a translation thereof in the English language, and by two
copies of'the process orcitation to be served, and two copies
thereof in the English language.
(ii) Service of the process or citation shall be effeeted b),
the bailiff.
(Vii) Such service shall be effected by delivering to and
leaving with the person to be served oi)e 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.

(iv) 'After service has been effected the bailiff shall return
to the Registrar one copy of the process, together with an
affidavit of service verified by notarial certificate, and
particulars of charges for the cost of effecting such service.
(v) The Registr'al. shall certify the correctness of the
charges, or such other arnotint as shall be properly payable
for the cost of elfectino. service. A copy of such cliares 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 colintry,
together with the affidavit of service, with a certificate IP-
pended thereto duly sealed with the seal of the couxt. Such
certificate shall be ill Form No. 8f in the Schednle.

(vii) Upon the application of the Crown Solicitor with the
consent of the Attorney General, the court or a judge may
make all such orders fol. suflstituted service or otherwise as
may be necessary to give effect to this section.





Yariation of orcleT for service, etc.

43. Any order for service rnay be varled. 'by the, court
with respect to the inode of service directed by the order, as
occasion may require.

44. Where the service of process by the bailiff will be
attended withe xpense, he shall not (expect by direction of
the Registrar or by order of the court) be bound to effect
the same, unless the reasonable expenses thereof have been
previously tendered to him by the party requiring such
service; - and such expenses shall be. costs in the cause or
matter.

Sunbutowing delendant.

45.-(1) The plaintiff shall cause a copy of writ of
summons to be served on the defendant, and such copy shall
contain a memorandum indorsed thereon requiring the
defendant to enter an appearance to the action within eight
days from the day of such service, or, in ease of service mit
of the jurisdiction, within such tinie as the court may have
ordered.

(2) The person serving the writ shall, within three days
at most after such service, indorse on the writ the day of the
month and week of the service thereof, otherwise the plaintiff
shall not be at liberty, in case of non-appearance, to proceed
by defatilt ; and. every, affidavit of service of the writ shall
mention the day on which the indorsement was made. This
sub-section shall apply to substitnted as well as other service.

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

Appearance of defendant.

46.. The defendant Shall, within eight days froin the day
of service on him of the writ ol surnmons or, in case of
service 6ut of the jurisdiction, within such time as the court
may have ordered, cause an appearance to the action to be
entered for him in the Reffistry.





47. In every cise of servien of a writ of summons out of
the jurisdiction, the entry of appearance thereto shall specif
the name and -address of sonie solicitor, agent, or Other persoll
within the jurisdiction on whom substituted service of all
further process against the defendant in the action may be
effected while the def-eridant out of the jurisdiction,
and, in default thereof, the court may proceed with the action
as if no appearance had been entered.

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

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

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

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

51.. If the defendant enters an appearance at my time
before the trial of the action, he may, on such terms 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 eause has been called on, the court may
proceed to try it, ex parte, and may, on the evidence adduced
by the plaintiff give such judgment as may appear to be just.





53. Where a defendant or resperident to an originating
summons fails to appear wIthin the time limited in that
behalf, the plaintiff or applicant may apply to the court for
an appointment for the hearing of the summons, and, on
being satisfied that no appearance has been entered, the court
shall appoint a time for the hearing of the sumons, on such
conditions, if any, as it may think fit.

CHAPTER 11
PARTIES.
Parties in general,

54. All persons may be joined in on e action as plaintiffs,
in whom any right to relief in respect of or arising out of the
same transaction or series of transactions is alleged toe exist,
whether jointly, serverally, or in the alternative, where if such
persons brought separate actions any common question of
law or fact would airse; 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 he or they may be entitled
to, without any amendment: Provided that if, on the
application of any defendant, it appears that such joinder
may embarrass or delay the trail of the action, the court may
order separate trials or make such other order as may be
expedient. But the defendant. thought 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 commenced in the name of
the wrong person as plaintiff, or where it is doubtful whether
it has been commenced in the name of the right plaintiff, the
court may, if satisfied that it has been so commenced through
a bona fide mistake and that it is necessary for the
determination of the real matter in dispute to do so, order
any other person to be subsituted or added as plaintiff, on
such terms as may be just.

56. where in an action any person has been improperly
or unnecessarily joined as a co-plaintiff, and a defendant has
set up a counterclaim or set-off, he may obtain the benefit
thereof by establishing his counterclaim or set-off as against
the parties other than the co-plaintiff so joined, notwith-
standing the misjoinder of such plaintiff or any proceeding
condequent 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 theas maY
be found. to be liable, according to their respective
without any amendnient.

(2) It shall not be necessary that every defendant shall. be
interested 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 ,is may appear just to prevent
any defendant froin 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 paties to the
same action all or.any of the persons severally, or jointly
and severally, liable on any one contract, Mcluding parties
to bills of 'exchange and promissory notes.

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

59 -(1) 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, with-
out 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 1)c inade parties, either in
addition to or in lieu of the previously
1 1 1 ACIS.

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

60. In any action for the prevention of waste or other-
wise 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 numerotis persons having the sam * e
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 concerning a trust, a com-
promise is proposed and some of the persons interested in
the compromise are not parties, to the proceedings, but there
are other persons in the same interest before the court and
assenting to the compromise, the court, if satisfied that the
compromise will be for the benefit of the absent persons
ahd that to require service on such persons would cause
unreasonable expense or delay, may approve the comprornise
and order that the saine shall be binding on the absent
persons, and they shall be bound accordingly, except where
the order has been obtained by fraud or non-disclosure of
material facts.

63 * -(1) 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 matter in
controversy so far as regards the rights and interests of the
parties actually before it.

(2) The coiirt may, at any stage of the proceedings, eithel,
on or without the application of either party and on stich
terrns as may appear to the court to be inst, order that the
names of any parties improperly Joined, whothel. as
or as defendants, be struck out, and that the names of any
parties, whether plaintiffs or defendants, who onght to have,
been
joined, or whose presence before the court mav be
necessary in order to enable the court effectually and
completely to adjudicate upon and settle all the questions
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

(4) Every party whose name is so added as a defendant
shall. be,served with a writ of stunmons, 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 made to the court at any time
before trial by inotion or summons, or at the trial of the.
action in a summary manner.

65. Where. a defendant is added or substited, the
plaintilf shall, unless,ordered by the court , amend
the writ of summons and the copy thereof on the file, and
serve such new dofendailt wiht such amcnded writ in the
same manner as an original defendant is served.

66.-(.1) Where there are more plaintiffs than one, any
one or inore of thein 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 here are more deffendant than
one, any one or more of them my abe authourised by any
other of them to appear, plead, or act for suc 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 under dlisabll,ity.
67. An infant may sue as plaintiff by his next friend, in
the manner heretofre practised, and May, in like
defend any action by his guardlan 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, he may sue as plaintiff in any action by his committee
or next friend, and may defend any action by his committee
or guardian appointed for that, purpose.

69,-(1) Where default is made by a defendant in enter-
ing an appearance to ari action, after due service of the writ
of suinnions, and it appeal 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 plaintiff 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 inade except oil notice, after
expiration of the titne for appearance and four 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 whoni 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 thitiks fit to dispense with such last-mentioned service.

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

-(2): No order for the appointaient of such guardian shall
be--- necessary, but the solicitor applying to enter suchappear-
auce shall make and file an affidavit for that purpose.

71.-(1) Every infant served with a petition or notice of
motion, or summons in a matter, shall appeal. on the hearing
thereof by a guardian ad litegn in all cases in which the
appointment ofa special guardian is not provided for.
(2) No order for the appointment of such guardian shall
be necessary, but the solicitor by whom he appears shall
previously make and file an affidavit as mentioned in
section 70.

72.. Before the name of any person shall he used in any
action as next friend of any-infant or other party ol* 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, ol.
person under any other disability, is a party, any consent as
to the inoie of taking evidence or as to any other procedure
shall, if given, with the consent of the court, by the next
friend, guardian, committee, or other person acting on behalf
of the person under disability, have the sarne force and effect
as if such party were under no disability and had given such
consene' Provided that no such consent by any conimittee
of a ltinatic shall be valid as between him and the lunatic
unless given with the special sanction of the Chief Justice.

As amended b~ Law Rev. Ord., 1924.





Admlb'nistrations and trusts.
74.-(1) In any case in which the right of an heir-at-law,

or the next of kin, or a class depends upon the construction
vhich 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 soine, other reason, it will be
convenient to have the questions of construction determined
before such heir-at-law, next of kin, or cla,.s has or have
been ascertained by means; of inquiry or otherwise, the
court may appoint one or more persons to represent such
lieir-at-law, or to represent all or any of such of kin or
class and the judgment of the court shall be binding on the
person or persons so represented.
(2) In'any other case in which an heir-at-law, or any next
ol kin, or a class is or are represented in any proceedings,
the couxt may, if, having regard to the nature wid extent
ol the interest of such persons or of any of thein, it appears
expedient on account of the difficulty of aseeTtalbliig such
persons or in order to save expense, appoint one or more,
persons to represent such heri-at-law, and the judgment of the
any o f such next of kin or class, and the judgment of the

court shall betinding on the person or persons so represented.

75.--Any residuary legatee or next of kin entitled to a.
judgineint or order for the administration of the personal
estate of a deceased. person may have the same without
serving the remaining residuary fegatees 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 he entitled to a judgment or. order F0i. the
administration of the estate of a deceased person, may have
the sarne without serving any other legatee or person
interested in the proceeds of the property.
77. Any residuary devisee or heir entitled lo the like
judgincint er. order may have the sanie without serving any
co-residuary devisee or co-heir.
78. Any one of several cestuls que trust under any deed'
011 instrume lit entitled to a Judginent ol. order for the
execution ol' the trusts of the deed o rinstrument may have
the sanie without serving any other cestui que trust.
As aniended by Lasy Rev. Ord.., 1924.





79. Any executor, administrator, or trustee entitled
thereto may have a judgment, or order against any one
le,yatee, next of kin, or cestuli. quetrust 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 footing in regard to costs as 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 jights or interest., 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 ith notice of the judgment or order; and
after such notic such person., shull be bound by the
proceedings in thf 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 rnonth after
such service, 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 the proceedings tinder such judgrnent ol.
order, but sneh. person shall be at liberty to attend the
proceedings on entering an appearance in the Registry in
the sarne manner, and subject to the saine provisions, as a
defendaiit 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 entered in the Registry, on due proof by affidavit
of such service.





Notice of a judgment or order served pursuant to this
section shall be entitled in the action, and there shall be
indorsed theron a memeorandumo fsuch notice.

(6) Notice of a judgment or order on an infant or pdi.son
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 eKecute the trusts of a will,
it shall not.be necessary to make the heir-at-law a party, but
the plaintiff shall be at liberty to make the heri-at-law a
party where lie clesires 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 person representing the estate
of the deceased person, or inay appoint some person to
represent his estate for all the purposes of the catise or
matter, on sueb notice to such persons, if any, as the court
may think fit, either specially or generally by public
advertisement, and the order so made, and any order
consequent thereon, shall bind the estate of the deceased
person in the same manner in every respect as if a duly
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 same meaning as in the Probates Ordinance, 1897.

84..-(1) In any cause or in atter 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 court or in chambers, on the
claim of any person not a party to the canse or matter against
the estate of the deceased person in respect of any debt or
liability.

(2) The court may direct or give liberty to any other party
to the cause oz. matter to appear, elther in addition t,o or M
the place of the exectitor or administrator, on satuli. terms
to costs or otherwise as it may think fit.





Third-party procedure.
85._(1) Where a defendant claims to be entitled to
.Contribtition -or indemnity over against any person not a
party te the action, he may, by leave of the court, issue a
notice (hereinafter called the third-party notice) to that effect,
sealed with the seal of the court.
(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 grounds of the
claim, and shall, unless otherwise ordered by the court, be
served within the time limited for filing the statement of
defence M such defendant.
(4) W ith the notice there shall be served -a copy of the
statp.meint of clairn.

86.-(1) If a person, not a parly to the action, who is
Served as mentioned in section 85 (hereinafter called the
third paity) desires to dispute the plaintiff's claim in the
action as against the defendant on whose behalf the notice
has beeri given, or his own liability to the defendant, the
third party must enter an appearance in the action within
eight days from the service of the notice.
(2) In defailitt of his so doing, he shall be deemed to admit
the -valid ity of any judgment obtained against such defendant,
Whether obtained by consent or othenvise, and his own
liability to contribute or indemnify, as the ease may be, to
the exten t claimed in the third-party notice : Provided that
a person sa served and failing to appear within the said period
of eight days may apply to the court for leave to appear, and
such leave may be given on such terms, if any, as the court
nay think just..

87. Where a third party makes default in entering an
appearance in the action. in case the defendant giving the
notice suffers judgment by default, he shall be entitled, at any
time, after satisfaction of the judgmetn against himself of
before sReh satisfaction, by leave of the court, to enter
judgment a 'ainst the third party to the extent of the

contributien or indemnity in the third-party notice: Provided
that it shall be lawful for the court to set aside or vary such
judgment ou such terms as may seem just.

As amended by Law Rev. Orl, 1924.





88.-(1) Where a third party makes default in
all appearallee in the action, in case the action Is
results in. favoin. of the plaintiff, the emirt, may, at or after
the trial, enter such judgment as the nature of the, case may
require for the defendant giving the notice against the third
party : Provided that execution thereof shall not be issued
without leave of the court until after satisfaction by such
defendant of the judgment against him.

(2) If the action is finally decided in the plaintiff's favour
otheiwise than by trial, the court may, on application by
motion or sumnions, as the case niay be, order stieli
judgment as the nature of the case may require to lie
entered for the defendant giving the notice against the
third party at any time after satisfaction by such defendant
of the judgment against him.

89. VAere a third party enters an appearance in the
action, the defendant giving the notice may apply to the
court for directions, and the court, on the hearing of sitch
application, may, if it is satisfied that there is a question
proper to be tried as to the liability of the third party to
make the contribution or indemnity claimed, in whole or in.
part, order the, cluestion of satch liability, as between the
third party and the defendant giving the notice, to be tried
in such manner, at or after the trial of the action, as the
court may direct; and, if it is not so satisfied, may order
such judginent as the nature of the case may require to be
entered in favour of the defendant giving the notice against
the third party.

90. The court, on the, hearing of the application
ed in section 89, may if it appears desiralAe to do so, give
the third party liberty to defend the action, on such ternis
as may be just, or to appear at. the trial and take such part
therein as may be just, and generally may order such
proceedings to be taken, documents to be delivered, or
amendments to be' made, and give such directions as the
court may think proper for having the question most
conveniently determined, and. as to the mode and extent in
or to which the third party shall be bound or made liable
by the judgment in the action.

As amended by Law ROV. Ord.,





91. The court inay decide all questions of costs is
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 is to costs as the justice of
the case r-nay require.

92. Where, a defendant chtims to be entitled to contribu-
tion or indeninity against any other defendant to the action,
a notice may be issued and the same procedure shall be
adopted, Jor the determination of such questions between
the defendants, as would be issued and taken against such
other defendant if such last-mentioned defendant were a
third party; but nothing herein contained shall prejudice
the rights ol. the plaintiff against any defendant in the
action.

Change of paries 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 ol action survives or continues, and shall not
become defective by the conveyance, assignment, creation,
or devolution of any estate or title pendente lite ; and,
whether the ea-use of action survives or not, there shall be
no ahatetnent by reason of the death of either party between
the veTdict or finding of the issues of fW'A 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 matter, the court may, if it is deemed necessary
for the complete settlement of all the questions involved,
order that the husband, personal representative, trastee, or
other successor in interest, if any, of such party be made a
party, or be served with notice in such manner and form as
is hereinafter -prescribed, and on such terms ,is the court
may think just, and shall make such order for the disposal
of the catise. or matter as may be just.

95. :In case of the conveyance, assignment, creation, or
devolution ol any estate or tide pendente lite, the cause or
matter may be continued by or against the person to
or -upon whom such estate.or title has come or devolved.





96. Where fly reason of marriage, death, or bankruptcy,
or any other event occurring after the commencement of a
cause or niatter and causing a change or taransmission of
interest or liability, or by reason of any person interested

coming into existence, after the, commencement of the cause
or niatter, it becomes necessary or desirable that any person
not already a party should be made a party, or that any
person already a party should be made a party in anothei.
capacity, an -order that the proceedings shall be carried
oil between the continuing parties and such new party or
parties may be obtained ex parte on application. to the
court, upon an affidavit of such change or trarismission of
interest or liability or of such person linterested having
corne into existence.

97.-(1) An order obtained under section 96 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 person making the application is
himself the only new party.

(2) The order shall from the time of sections service, subject
.nevertheless, to sections 98 and 99, be binding on the
persons served iherewith, and every person served therewith
who is iiot: alreacly a party to the cause or matter shall be
bound to enter an appearance, thereto within the same time
and in the same inanner as if he had. been served with a
writ of summons in an action.

98. Where any person being under no disability or urder
no disability other than coverture, or being -under any
disability other than coverture but havin ga guardian ad
in the cause or matter, is served with an order to carry on
proceedings under. section 96, such may apple to the
court to discharge or vary such order at any time within
twelve days from' the service thereof.

99. Where any person being under any disability other
than coverture, and not having a guardian ad litem in thLe
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
twelve days from the appointment of a guardian ad litem

As amended by Lim. Rev. Ord., 1924.





for such person, and until such period of twelve 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 fails to procced, the defenchint (ol. the
person against whom the cause or matter may be continued)
inay apply by sturinions lo compel. the plaintiff (Or the
person entitled to proceed) to proceed within such time
as may be ordered; and, in*default of such proceeding,
judgment may be entered for the defendant or, the case
may be, for the person against 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 of interest as is in tlAs Chapter
provided for, the solicitor for the plaintiff ol. the person
having the conduct of the cause or matter, as the case rflay
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.

1.02. Where any cause or matter has been standing for
one year in the Cause-Book marked as abated, or standing
over generally, such cause or niatter at the expiration of the,
year shall be stuch out of hte Cause-Book.

CHAPTER III.

JOINDER OF CAUSES OF ACTION.

103. Subject to the following sections of this Chapter,
the plaintiff may unite in the same 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 way order separate trials of any of such causes of
action to be had or may ulake 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 joined with an action for the recovery of immovable
property, except claims in respect of mesne profits, or





arrears of rent, or double value in respect of the premises
claimed or any part thereof, and damages for breach of any
contract under which the same or any 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 forewlossure or rodemphon from
asking for or obtaining an 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 redemp-
tion and for such delivery 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
redeem by any plaintiff in a redemption action, the
defendant in whose favour such forecloseure has Laken 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 linsband and wife inay bejoined
with claims by or against either of thern 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 exemitor or adininistrator.

108. Claims by plaintiffs jointly may be jolned mth
claims by them or any of them separately against the same
defendant.

109. Sections 1.06, 1-07. and 108 shall be subject to see-
tions 103 and 110.

* As aniended by Lasy Rev. Ord., 1924.





110.-(1) Any defendant allegnig- that the plaintiff has
united in the same action sexeral. uttises of action which
cannot be conveniently disposed ol.' together inay 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 disposed of together, the court may order any
of such causes of action to be excluded and consequential
amendments to be made, and may make such ordr 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 forni of the -material facts on which
the party pleading relies for his claim or defence, as the case
may`be, but not the evidence by which they are to be proved.

(2) It shall, when necessary, be divided into paragraphs,
numbered consecutively, and each paragraph shall, as nearly
a's may be, contain a separate and distinct statement or
allegation.
(3) Dates, sunis, and nuinbers 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
signedby 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
misrepresentation, fraud, broach of trust, wilfu default,or
undue influence 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, ol. damages, and exceed
three folios, the fact inust be so stated, with a reference to
full particulars already delivered ol. to be delivered with the
pleading.

115. A further and better statement of hte nature of the
claim or defence, or further and better particulars of nay
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 otherwise provides, have thesame length of time for
pleading after the delivery of the particulars that he had at
the return of the summons.

(2) Except as in this section providod, an order for par-
ticulars 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 stattite or Ordinance; and
every such defence shall have Ihe same efiect is a plea of
not guilty by statute has in England: -provided. that if the
defenllant so pleads, lie shall not, plead any to
the same cause of action, without the leave of the court.

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 to be admitted, except as
against an infant, Iunatic, or personof unsound mind not so
found by inquisition.

119. Ally condition precedent the performance or occur-
rence of which is intended to 'be contested shall be disLinetly
specified in his pleading by the plaintiff or defendant, as the
case-may-be;- -and, -subject- thereto, - Lin-- -averment- of -the---
performance or occurrence of all conditions precedent necessary
for the case of the plaintiff or defein-lant shall be Implied in
his pleading.





120. The, defendant or plaintifF, as the case may be, much
raise by his pleading all matters -which show the action or
counterclaim 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 not 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 sumnions, shall,

except by way of.amendinent, raise any new gromid of claim
or contain aiWallegation of fact inconsistent with the previous
pleadings of the party pleading the saine.

122. It shall not be sufficient for a defendant in his state-
ment of defence to deny generally the grounds alleged by
the statement of claim, or for a plaintiff in his answer to a
cotinterclaim to deny generally the grounds alleged in the
counterclaim, but each party much dead specificlally with each
alle gation 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, btit it inay except any facts which the party may
be willing to admit, and shall then operate as a denial of the
facts not so admitted.

. 124. When a party in any 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,
itshall-not-be-sufficient to-deny that he-received-that particular
amount, but he must deny that he received that sum or any
part thereol,' or else set out how much lie received. And if
an allegation is made with divers circumstances, 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 may 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 Frauds 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 with-
oult, setting out the circumstances form which th same 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 betweenany
persons is to be implied from a series of letters or conversa-
tions or otherwise 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 eircum-
stances without. setting them out in detail.

(2) If, in any such case, the person so pleading desires to
rely in 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 in any pleading alleo. 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, considera-
.tion for a bill ' of exchange, where the plaintiff sues only on
the bill and not for the consideration as a substantive ground
of claim.





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

132. The couit way, at any stage ofthe proceedings, order

to be struck out or amended any matter in any indorsement
r.pleading which may be unnecessary or scandalour 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 1911.1

134. Every pleading shall 1)e as bi.ied as the of
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 clallm.
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),.-Atany time after his appearance to the action, the
.defendant may give notice in writing to the plaintiff or his
-solicitor requiring hirn to file his statement of claim; and the
plaintiff shall, unless otherwise ordered by the court, file his
statement of claim within five weeks from the time of his
receiving such notice.

(3) Where leave to defend isgiven under sections 23 or 24,
it shall not be necessary to file a further statennent of claim,
unless otherwise ordered at the hearing of the summons for
judgment.,

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

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




138.-(1) The statement of claim shall state specifically
the relief which the plaintiff claims, 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
defendant 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 causes of complaint founded upon
separate and distinct grounds, they shall be stated, as far as
may'be, separately and distinctly.
(2) The same rule shall apply where the defendant relies
upon several distinct grounds of defence, set-off, or counter-
claim founded upon separate and distinct facts.

Service of statement of claim.
140. After the filing ofthe 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 memorandum indorsed thereon requiring the defendant
-to file a statement of defence to the statement of claim.
within three 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 1who has failed to enter an appearance and
as against whoni the plaintill 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
statement 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 claim.

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 defend-
ant 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 three weeks from
the date of the service thereof, or, in a case of service out of
the jurisdiction Withinsuch time as the court may have

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, much be
supported by affidavit, or., -if the court in its discretion
permits, by oral evidence upon oath, showing that there is
reasonable ground for the application aild that it is not made
for'the purpose of dielay.

145.-(1) If the defendant neglects to file a statement of
defence:within the time or further time allowed, as the case
maybe, he 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 may friunt such leavo, on such terms as may

seem just,. by onler 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 defend-
ant-intends to deny at the trial.

(2) In an action for a debt or liquidated demand in money
comprised in section 19, a mere denial of the debt shall be
inadmissible.

,(3) In an action upon a bill of exchange, promissory note,
or., cheqde, a defence in denial must deny some matter of fact,
as..for example the drawing, making, indorsing, accepting,
or, notice of disilonour of the bill or note.

147. ;No'denial or defence shall be necessary as to damages
claimed pr their amount; but they shall be deem* ed to fle put
in issue in all cases, unless expressly admitted.





148. Where the, court is of opinion tbat aity
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 virtne of an Act of
Parliament or Ordinance, he shall insert in the margin of his
pleading the words by statue or by Ordinance, tbe,
case inay be, together with the year of' the reighn in which
the Act of Parliament on which he 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 abateinent.

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 of 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 sum 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
oil a bond under the Act 8 & 9 Willia 3, chaptere 11,
entitled An Act for the better preventing frivolous and
vexatiou's suits., payment into court shall be admissible to
particular breaches only and not to the whole action,





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 payinent
into court has been made, is not denied in the statement of
defence and

yhen' 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
aut.hority, unless the court otherwise orders.

157. When the liability of the defendant, in respect of
the claira or cause of action in satisfaction of which the,
payment into court has been made, is denied in the state-
ment of defened, 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 be 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 shall stayed; or tile
plaintill may ,refuse to accept the money in satisfaction, in
which. ease the money shall,remain in court subject to the
proisions hereinafter contained;

(2y, ' ~if. the plaintiff accepts the sum so paid in, he shall,
after service on the dofedant 'of a notice in writing accept
in' thee sum paid in satisfaction of the claim or cause. of

action iu 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 all order of the court

(4) if the plaintiff proceds with the actioin respect of
such claim or cause of action, or any part thereof, and
recovers less than the arnount paid into court, the suni paid
in shall be applied, so far as. may be necessary, in satis-
faction 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 suin paid in shall, under such
order, be repaid to the defendant.

158. The plaintiff, when payment into court is inade
before the filing of the statement of defence, may within -four
days after the receipt of ilotice of such payment, or when
such payment is first signified in the statement of defence,
inay within four days after service of the s ' tatelrlent 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 lie shall give notice to the defendant
accordingly, and shall be at liberty, in case the enfire claim
or cause of action is satisfied, to tax his
the expiration of four days from the service of such notice,
unless the botirt otherwise orders, and, in case of non-pay-
ment of the costs within forty-eight hours after such taxation,
to sign judgment for his, costs so taxed.

159. Where money is paid into court in two ol. more
actions which are consolidated, and the plaintiff proceeds to
trial in one, and fails, the money paid in and the cost's in all
the actions shall be dealt with under the provisions of this
Chapter relating to payment into court and tender in the
same manner as inthe action. tried.





160. Where a. cause orinatter 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 defenc of set-off to a claimfro money.
whether indebt or in damages,must be accompanied by a
statement of the particulars of the set-off.

' (2) If it is pleaded as a sole defence, it niust also, unless
it extends to the whole arnount of the plaintify's claim, be
accompanied by payment into court of the ainotint 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
defence, to thd extent of the set-off pleaded.

Counterclaim.

162---Where the defendant raises a defence by way of 1
set-off which, in the opinion of the court, is not admissible
as set-off, the court may, either before or at the trial, on his i
application, give him liberty to withdraw such defence and
to make a counterclaim or bring a cross-action; and rnay
make sitch order for the trial of the action and the counter
claim or cross-action, together or otherwise, and in such
manner and on such terms as to costs and other matters, aq
may seem just.

163.-,(1) Where a defendant in his statement of defence
raises any specific defence, and it appears to the court that

.on such defence being established, he may be entitled to relief i
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 in the circunistarice's of'
the case -it thinks fit,. give liberty to the defendant to file
=unterclaim 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 ordel. for
the conduct and trial of the action and the counterclaim,
together or otherwise,. and in such manner and on such
terms as to costs and otheir matters, as may seem just.





(2) The court may, if in any case it thinks fit, require the
plaintiff to give security, to the satisfaction of the court,
by deposit or otherwise, to abide by and 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 ,ay
file a statement of defence thereto within the timee 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
defence thereto shall be subject to the rules applicable to
statements of.defence.

167. if in any case in which the defendant sets tip a
counterclaim the action of the plaintiff is stayed, discontinu-
ed, 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, wihtin three 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 ternis
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 time
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 pleading 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 between 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 . co,urt 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 vending the action.

170.-(1) Any ground of defence which has arisen after
action brought, but before the defendant has filed his state-
-of defence, and before the time limited for his doing
so has 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
gound' 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 defend-
ant has filed his statement of defence, or after the time
1imitedifor his doing so has expired, the defendant may, and
.where any ground of defence 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 eight
days after such ground of defence has arisen, or at any
ssubsequent time by leave of the court, file a further state-
ment d 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 mentioned in section 171,

alleges any ground of defence which has arisen after the v
commencement of the action, the plaintiff may file a confession
of such,defence, and may thereupon sign judgment for his



cost up to the time of the pleading of such. defence, unless
the coutt,,either before or after the filing of such confession',
otherwise orders.

As amended by Law Rev. Ord., 1924.





Proceedings in lieu of demurrer.

178. No demurrer shall. be allowed in any action or other
proceeding.

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 downfor 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 qrder therein as may
be just.

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 being shown by the pleadings to be frivolous or
vexatious, 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 ground that a merely declaratory judgment
or order is sought thereby; and the court may make binding
declarations of right whether any consequential relief is or
could be claimed or not.

CHAPTER V.

AMENDMENT.

178. The court may, at any stage of the proceedings, allow
either party to alter or amend his indorsement or pleading
or particulars, in such manner and on such terms as may be
just, and all such amendments shall be made as may be
necessary for the purpose of determining the real questions
in controversy between the parties.





179. Application for leave to amend may be made by
either party to the court, and such amendment may 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 defence to be such as torender an amendment
of the statement of claim necessary or desirable, he may
obtain ex porte an 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 by
.material 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 pmpose by the order, or, if no time is thereby limited
then within fourteen days from the date,.of the order, such
order. to; amend shall, on the' expiratigni of such limited
time -.as aforesaid or of su eh fourteen days, as the case may
be, become ipso facto void, unlesse is extended by
the dourt.

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, mider which the saine is
or are so amended, and of the day on which stich amendment
is,made, in manner following, viz. :- Amended the
day of. 19 pursuant'to order of
da~ed:the'~ da of 19
y

184.. Whenever any indorsement, pleading, or particulars
is or are amended, such amended 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 erre arising therein form any accidental slip or
omission, may at any timebe corrected by the court, on
motionor summons, without an appleal




186. The court may at any time, and on such terms as to
costs or otherwise as the court may think just, amend any
defect or error in any proceedings, and all necessary amend-
ments shall -be made for the purpose of determining the real
question or issue raised by or depending on the proceediligs.

CHAPTER VI. ,

DISCOVERY, INSPECTION, ANDADMISSIONS.
Discovery.
187. In any cause or matter the plaintiff or defendant
may, by leave of the court, deliver interrogatories in writing
for the ex-amination of the opposite parties or any one or more
of such parties, and such interrogatories when delivered shall
have a note at the foot thereof, stating, which of such in-
terrogatories 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 inter-
rogatories, the particular interrogatories proposed to be
delivered shall be submitted Lo 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 he interrogated to deliver particulars, or to rnake
-
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 such 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 interrogatories and the answers
thereto 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, company, 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
seven days after service of the interrogatories.

192. 'Interrogatories shall be answered by affidavit to be
filed within ten days or within such other time as the court It
may allow.

193. Ally 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 bona^ fide for the purpose of
the cause or matter, or that the matters inquired into are not
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 c
answerAo interrogatories, but the sufficiency or otherwise
of any such affidavit objected to as insufficient shall be
determinedby the court on summons.

195.. If any person interrogated omits to answer or c
answers insufficiently, the.party interrogating may apply to a

the courtPr an order requiring him to answer or to answer or
further, as the' case may be, and an order may be made
requiring him to answer or answer further, either by affidavit
or by vivd, voce examination, as the court may direct.

196.-(1). Any party may, without filing any affidavit, A

.apply to 'the court for an order directing any other party to ol
any cause,or matter to make discovery upon oath of the
documents 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 such
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 its
discretion, 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
niatter or for saving 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 requiring any other party to state by aflidavit
whether any one or more specific docurnerits, 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 whoin
the application is made has, or has at some tinie haol, in his
possession or power the document or documents specified
in the application, and that it or they relates or relate to' the
matters in question in the cause or matter or th some of
them.

198. It shall he 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 niatter 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.
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 reference 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 solicitor
lo take copies thereof.

(2) Any party who does not comply with such notice shall
afterwards be at liberty to put any such document in
on his behalf in such cause or matter, unless he
the court that such document relates only to his
own title ' he being a defendant in the cause or matter, or
e had some other cause or excuse whichAhe court may
,sufficient for not complying with such notice; in
case the court may allow the same to be put in
evidence, on such terms as to costs and otherwise. as the
colirt may think rit.

200. The party to whom such notice is given shall, with
two days from the receipt of such notice, if all the
'Aocum'ents therein referred to have been set forth by him in
an affidavit for the discovery of documents, or, if any of the
documetns referred to in such notice have not been set forth
in.any such affidavit, then within four days from the
of such notice, deliver to the party giving the same
a notice stating a time, within three days from the delivery
thereof, at which the documents, orsuch of theni as lie, does
not object to produce, may. be inspected at the office of his
or, in the case of bankers' books, or other books of
account, or books in constant use for the purposes of any
trade or business, at their usual place of custody, and stating
which,if any, of he doucumnet s he objects to produce and
on what ground.

20t-(1) If the party served with notice under section
.200 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 thd 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 made when and so far
as the court is of opinion that it is not necessary either for
disposiiig. fairly of the cause or matter or for saving costs.


2) Any application to inspect documents, except such as
are referred to in the pleadings particulars, or affidavits of
the party against whom the application is made or disclosed

As amended by Law Rev. Ord., 1924.





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 cause or matter
or for saving costs.

202. Where inspection of any bitsiness book is applied
for, the court may, if it thinks fit, instead of ordering
inspection of the original book, order a copy of any entries
therein to be furnished and verified by the affidavit of some
person who has examined the copy with the original entries,
and such affidavit shall state whether 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
privilege 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 sought objects to the same ot. any part thereof,
the court may, if satisfied that the right to the dilscovelf), or
inspection sought depends oil the determination of any issue
or question in: dispute in the cause or matter, or that for any
other reason it is desirable that 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
.tbat such issue or question be determined first, and reserve
the question as to the discovery or inspection.

205.-(1) If any party fails to coniply with ally order to
answer interrogatories or fro discovery o inspection of
documents, he shall be liable to attachment.

(2) He shall also, if a plaintiff, be liable to have his action
dismissed for want of prosecution, and, if a defendant, to
have his statement of defence, if,any, struck out, and to be





placed the same position as if he had not defended, and the
party interrogating or applying may apply to the court for
an order to that effect, and an order may be made accord-
ihgly.

206.-(1) Service of an order for interrogatories or dis-
Ccovery or inspection made against any party on his solicitor
shall be sufficient serivce to found an application for an
attachment for disobedience to the order; but the party
against whom the applicationfor an attachment is made may
show in answer to the applicationthat he has had no notice
or knowledge of the order.

(2) A solicitor, on whorn an order against any party for
interrogatories or discovery or inspection is served wider
.this section, who neglects withoin reasonable excuse to give
. notice thereof to his client shall be liable to attachnient.

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,
Mithout 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 thatany others of
them are so connected with those put in that the last-
mentioned answer ought not to be used without them, he may
Aireqt them to put in.

208.~ In any action against or by the bailiff in respect of
,'any matter connected with the execution of his office, the
court may, on the application of eitlier 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 plovisions of this Chapter shall apply
to infant plaintiffs and defendants and to their next friends
and guardians ad litem.

Admissions, etc.


Any party may give notice, by his pleading or other-
wise in 'writing, that he admits the truth of the whole or any
parcof the case of any other party.

As anionded by Law Rev. Ord., 1924.





211.~(1) Any party may call upon ally other party to
admit any document, saving all just exceptions ; and in case
of refusal or neglect to admit, after such notice, the costs of
proving such document shall be paid by the party so refusing
or neglecting, whatever the result of the cause or matter
may be, unless at the trial or hearing the court certifies that
the refusal or neglect to admit was reasonable, or unless - the
court at any time otherwise orders or directs.

(2) No costs of proving any document shall be allowed
unless such notice is given, except where the omission 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 thall. seven days before the day on which a cause,
matter, or issue is to be tried or heard, call on any other
party to admit, for the purposes of the cause, matter, or issue
only, any specific fact or facts mentioned in such notice ; and
in case of refusal or neglect to admit the same within four.
days after service of such notice, or within sitch further time
as may be allowed `by the court, the costs of proving such fact
Or facts shall be paid by the party so refusign or neglecting
whatever the result of the cause, matter, or issue may be,
unless. at the trial or hearing the court certifies that the
refusal 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 notice : Provided,
also, that the court inay at any time allow any.party to
or withdraw any admission so made, on such terms as may be
just.

218. All affidavit of the solicitor or his clerk of the due
signature of any admission made in pursuance of any notice
to admit documents or facts shall be sufficient evidence of
such admission, if evidence thereof is required.

214. Any party way, at aily stage, of a cause or matter
where admissions of fact have been made, either on the
pleadings or otherwise, apply to the court for such judgment or
order as upon such admissions he may be entitled to, without





waiting for the determination of an 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 affidavit of the solicitor or his clerk of the service
of any notice to produce or admit and of the time when it
was served, wiht a copy of the notice, to produce, shall in all

cases be sufficient evidence of the service of the -notice and
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
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,
Ahe parties may be directed to prepare. issues, and such issues
shall if the parties differ, '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. Atany time before the decision of the cause or matter,
the court may either amend the issues or fraine 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 inatter,
direct any necessary inquiries or accounts to be made or taken,
notwithstanding 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, eithei. by the judgment or order
directing an account to be taken or by any subsequent order,
give special directions with regard 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 interested to take such
objections thereto as they may be advised.

222.-(1) Where any account is directed to be taken, the
accounting party, unless the court otherwise directs, shall
make oitt his account zoid verify the same by affidavit.

(2) The items on each side of the account shall be num-
bered consecutively, and the account shall be referred to by
the affidavit as an exhibit and be left ' in the judge's chambers
or with the Registrar or any referee, as the case may be.

228. Upon the taking of any account, the court may direct
that the vouchers shall he produced at the office of tlie,
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 he has by his account admitted to have received
shall give notice thereof to the accounting party, stating, so
far as he is able, the amount 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 estate 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 such direction shall be num-
bered 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
'offier, all just allowances shall be made without any direction
for that purpose.

228(1) If it,appears to the court, on the representation
ofthe Registrar or otherwise, that there is any undue delay
in the prosecution 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 circumstances of the case
may require.
(2) For the purposes aforesaid, any party or the Registrar
Y be directed to summon the persons whose attendance is
quired, and to conduct. any proceedings, and to carry out
any directions which may be given; and any costs of the
rar shall be paid by such parties or out of such funds
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 couxt.
(2) The case shall be divided into paragraphs numbered
consecutively, and shall state concisely such facts and docu-
ments as may 'be necessary to enable the court to decide the
questions raised 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
factsand documents stated in 'the case any inference,
whether of fact or of law, which might have been drawn
therefrom 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
orIssue of fact is tried, or before any reference is made to an





arbitrator or otherwise, the court may make an order accord-
ingly, and may direct such question of law to be raised for the
opinion of the court, either by special case or in such manner
as the court may deem expedient, and all such further pro-
ceedings a's 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 be filed in the Registry by the plaintiff.

232.-(1) No special case in any cause or matter to which
a married woman (not being a party thereto in respect of
her separate property or of any separate right of action. by
or against her), infant, or person of unsound mind, not so
found by inquisition, is a party shall be set down for argu-
inent 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 inay enter a special case for argument
by deliv'ering to the Registrar a memorandum of entry, but
subject to the provisions of section 232.

234.-(l) 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 d law raised by the special case,-

(a) a. sum of money, fixed by the parties or to be ascer-
tained 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
agreement, shall be delivered by one of the parties to the
other of them; or

. * As amended by Law Rev, Ord., 1924,





(c) one or more of the parties shall do or perform, or shall
refrain from doing or performing, some particular act
specified in the agreement,

either with or without costs of the cause or matter or with
costs left to the discretion of the court.

(2) Where the agreement is for the delivery of some prop-
erty, movable or immovable, or'for the, doing or performing
or the refraining from doing or Performing some particular

act, the estimated value of the property to be delivered, or to
which the act specified has reference, shall be stated in the
agreenilent.

~.235. Upon the decision of the court on such questions
Ithe judgment of the court may be entered accordingly, with
or without costs, as the case may be, and execution may
issue -upon such judgment forthwith, unless otherwise agreed
ol. 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. construction of any Act of Parliament, Ordi-
nance, will, deed, or other instrument in writing, or anything

therein contained, or as to the title or evidence of title to
any movable or immovable property contracted 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 mattter falling within the equitable

jurisdiction of the court or made subject to the jurisdiction
or authority qf the court by any enactnient not being an
Ordinance relating to bankruptcy, and including among such'
persons 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 administrators to concur in such case.
(2) It shall be lawful 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, iipon the
right involved therein, without proceeding to administer any
relief consequent upon such declaration.

(3) Every such declaration of he court contained in any
. such judgment shall have the same force and effect as such
''declaration would have had, and shall be binding to the






same extent as such declaration would have been, if contain-
ed in a judgment given in an action between the same
parties : Provided that if, on the hearing of any such special
case, the court is of opinion that the questions 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
inaking any payment, or doing any act in conformity with the
declaration cwtained in any judgment given upon any such
special case shall in all respects be as fully and eflectually
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 clainis of any
person in respect of matters not determined by such declara-
tion.

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

CHAPTER IX.

IS,SUES 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 ~nd order of the court, proceed to the trial of -any
such queslions of fact without formal pleadings.

(2) Such questions may be stated for trial in an issue, and
such issue may te entered for trial and triedin the saille
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

289.-(1) In any. such case the parties may, if they think
fit, enter into an agreement in writing, (which shall not be
subject to any stamp duty) that, on the 'udgment 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 paffies 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
agreement, 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 form doing or performing,some particular act
specified in the agreemetn,
either with or without costs of th cause or matter or with
the costs left to the discretion of the cour


240. Upon the finding of the court on such questions the
. judgment of the court inay be entered accordingly, with or
without costs, as the case may be, and' execution may issue
on such judgment forthwith, unless otherwise agreed, or
unless the court otherwise orders for the purpose of giving
either party an opportunity fot moving to set aside the find-
..ing or'for a new trial.

241.~ The proceedings upon any such issue may be 1 record-
ed, at the instance of either party, and the judgment, whether
actually recorded or not, shall have the sarne effect as any
other judgment in a contested action.

CHAPTER X.
INTERLOCUPORY PROCEEDINGS.
Interlocutory application.
242.-(1) Interlocutory applications may be, made at any
stage oLan action or other proceeding.
(2) They shall be niade.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
gene 'or orders of the court, the court shall in each
case'deci ' de whether the application is' a proper one to be
made by motion in',court ot by summons in chambers, and
may, afor before the hearing, if it thinks fit, remove the
salne into court or into chambers, as the case may be,





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

Modon.

243. Any party to an action or other proceeding who

desires to move . ihe court for an order shall file in the
Registry a written motion-paper distinctly stating. the, ternis
of the order asked for.

244. The motion may in its terms ask for an order
directing more than one thing to be done, and inay 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'
argument or other inatter except the proper particular of
the motion itself, th ecourt 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 may move the
court, in a case of urgency, at any time while the court is
sitting and not engaged in hearing any other matter.

248. Subject to any special provisions regulating any
particular case, every motion shall be inade 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 ea, parte the party nioving
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 moving the court ex parte may support his
motion aprgumyent. 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.

250 On a motion coming on for hearing, the court may
allow the, motion-paper to be arnendedandadditional evidence
to be produced by affidavit, Or limy direct the 11lotion to
stand over.

251. If at the hearing-it appears to the court, on the
evidence adduced in support of the motion, or on any
additional evidence which the court may allow to be adduced
in support thereof, that the party moving is entitled to an
order, absolute ol. to show cause, different from the order
asked for, and the party moving is willing to take such
different order, the. court may l-flake an order accordingly.

252. Where tit order is made on a motion xl pavIC, any
party affected by ' it may, within ten clays after service of it
or within such further time as the court, inay 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,
may either refuse to vary or discharge it or vary or discharge
it with or without imposing terins as to costs, or security, or
other things as may seem just.

253. The provisions of sections 254 to 258 shall apply,
with the necessary modifications, in evrrry 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
ea;-use is to be showri, to be called the return-day of the
order, which shall ordinarily be not less than four days after
service of the order.

255. A person served with an order to show cause may,
^before the returil-day, file affidavits contradicting the
evidence used in obtaining the order, or setting forth other
facts. on which he relies to induce the court to discharge the
ordre.

As amended by Law Rev. Ord., 1924.





256. On the return-day, if the person served with the
order does 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, ol. the
court is satisfied that. service of the order on all proper
parties has been' duly effected, the court inay proceed with
the hearing of the motion.

258. On the h earing, the court may either discharge the
order, or make it absolute, or permit further affidavits to be
filed. in support of or against it, and may niodify the terms
of the order so as to meet the merits of the ease.

259.-(1) Any party to an action or other proceedino.
who desires to ask the court in chamhers for ail order shall.
file in the Registry a copy of the summon., which it is desired
should be issued for that purpose.
(2) Such copy shall be signed by the party ol. by or in the
name of his solicitor.

260. The Registrar may theretipon issne a summons
Settincy, forth the nature of the application and orderign the
person. to whom it is directed to appear at the time and place
directed by the Registrar and specified in the summons.

261. On the return-day of the summons if the person to
whom the summons is directed appears, or, in his absence,
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 summons, consider and deal with the applica-
tion in a su imnary way, and make such order as inay he
just.

262. The evidence at the hearing of any interlocutory ol.
othei. application in a catiso or matter shall genexally be by
affidavit.

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





264.-(1),The cotirt may, if it thinks it expedient
sumillon ally person to attend to prod Lice ally doeunieia before
it,Or to be examined viv^ voce by or before it, in like manner

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 other-
wise interested) as the court 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 section 263, shall be taken
in like manner, as nearly as may be, as at the trial of an
action.

Interlocutory order.

265. Whell by any contract a przina^ facie case of liability
is established, and there is alleged as matter of defence a
sright ot be relieve wholly or paratially form such liability,
the court inay inalw all order for the PreServation or interim
custody of the subject-matter of.. the lidgation, or niLy ordel.
tliat the, amount in dispute be brought into court or other-
wise secured.

266. It shall be lawful for the court, on the 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 nianner
and on such terms as the court may think desirable, of any
goods, wares, or nierehandise which. Litay be of a
nature.or likely to be injured'by keeping, ol. 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 ol. matter and on. such terms is nLay
be just, to 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
As amoilded by Lasy Rov, Ord., 1924.





building in the possession ofany party to such cause or matter,
and for all or any of the purposes aforesaid to authorise -lily
samples to be taken, or observation to be inade or
experiment to be tried, which may be necessary or expedient
for the purpose of obtaining full information or evidetice.

268. It shall he lawful for ally Judge by whom any cause
Or matte may be tried or heard with or wtihout a jury, or
before whom any cause or rnatter may be brought by way of
appeal, to inspect any property or thing concernin', which
any question inay 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 attendance 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, 19.01, or tuider section 266
or section 267 of this Code,, may be inade to the court by any
party. If the application is by the plaintiff for ar. order lluder
the said section -1. 1, it inay be, niade either ex parte or with
notice, and if for all order under the said sections 266 or 267,
it maybe made after notlee to the clef endant at any time after
the issue of the writ of sumn-lons, and if it is by any other
party, then oil notice to the plaintiff and at any time after
appearaiwe by the party making the application
(2) An application for ail ordel. sectioll. 2G15 be
made by the plaintiff at any time after his right thereto
appears from the pleadings, or, if there are no pleadings, is
made to appear by affidavit or otherwise, to the satisfaction
of hte court.

271. Wherean action is bro.tight to recover, orla
seeks by way of counterclaim to recover, specifie property
other than immovable property, and the party froin 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 otherwise 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 areno pleadings,

by affidavit, or othewise, to the satisfaction of he court, order
that the party claiming to recover the property be at liberty

AS anlended by Lov lies'. Ord., 1924.





'to pay into court, to abide the event of- the action, the aniount
'Of money in respect of which the lien or securit is claimed,
and such further sum, if any, for interet and costs as the
court may direct, and that , on such payment into court being
made, the propery claimed be givenup to the party claiming
it.
[s. 272, rep. No. 43 of 191,2 Snpp. Sched.]

278. Where, in an action for the administration of the
'estate of a deceased person or the execution of the trusts of
a written instrument, a sale is ordered of any property vested
in any executor,or administration or trustee, the condust 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 ou which it was made, unless
the court otherwise directs, and shall take effect accordingly.

Stay of Proccedings.
275. No notice of motion or suinnions. shall operate as a
stay. of proceedings, except by direction of order of the court,
and in such case it shall so operate from the tirne of the
service thereof on the opposite party.

dismissal of action for want of prosecution

276.~(1), If the plaintiff

(a) being bound ot file a statement o fclaim, does not file

and serve the sarne within the time allowed for that purpose.,
or

does not obtain an order for setting down the cause for
trial within one month from the time at which he might first
apply for such an order,

the defendant may apply by summons for an order to dismiss
the.action for want of prosecution.

(2) Oil qnch Application, the cocirt may, if it thinks fit,
make an order dismissing the action,or may make such other
order and on such terms as to the court may seem just.




CEAPTER -Xl.

PRELTIVII-NARIES OF TRIAL

Setting down cause for trial

277. No canse shall be set down for trial withourt an order
of the court obtained on sumilions.

278. At the expirationof the time allowed for filing a
slatenlent of defeace, Lind 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.

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 regard to the state of the pleadings, that the
cause is ready to be tried, and that there has 1jeen delay oil
the part of the plaintiff in obtaining an order for setting
down. the caiise, for which tlie plaintiff lias no
excuse (such as the absence.or illness of a imaterial. mbless),
and that the defendant is prejudiced or may be
expected to be prejudiced, by such delay.

Postponement of trial.

280.-(1) The court may at any tinle, ona sinninons taken
ol-it 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 ally such application is inade on the grotind.
of the absence from the Colony of a witness, the court shall
require to be satisfied that his evidence is inaterial. and that
he is likely to return to the Colony and give evidence within
a reasonable tilne.

282. Where any such application is made fol. 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 lie is permanently residign out of the




jurisdiction or does not intend to come within the iiirisdic-
tion Withlin a reasonable tirne.

Geeral trial list and trial pape.
283. There shall be kept by the Registrar a general trial
list of causes and a trail paper.

284-(1) When a cause is set down for trial it shall be
placedin 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 ordr shal in no case be departed form
without the special directiionof the court.

285. When a cause is about to be transferred from the
general trial iist to the. trial paper, notice of such transfer
sliall 'be served on the parties, and, uilless the court in any
particular case directs otherwise, not loss than ten days shall
be allowecl between the, service of notice, the trial paper
of trial.

286. When ,my cause hm been specially directed fly the
court to be tried on 'a particular day or out of its ordinary
turn the naine 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 caiises In the trial paper not having been got
through, or underany order of the court made durning the
sittign on that day, no furthernotice 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 application.
(2) On the hearing of the sumi-nons, the court shall. make
such. order as to the mode of trial as it rn ay think fit, but sub-
ject to the provisions hereafter contaffled in this Chapter.





289. In any action of libel, slander, false imprisonment,
malicious prosecution, seduction, or breach of promise of
marriage, the plaintiff 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 inatters, -which would, previously to
the commencement ofthe Hongkong Code of Civil of Civil Procedure



(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 ill ally cause or niatter which,
previously to the commencement of the Hongkong Code of
Civil Procedure, could, vvithout any consent of parties, have
been heard without a jury.
(3) The cotirt may direet, the trial witliout a Jury of ally
cause, matter, or issue requiring any rolonged examination
of documents of accounts, or any scientific or local investiga-
tion, which cannot, in the opinion of the court, conveniently
be made with a jury.

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

292. In every cause, or inatter, -unless under the provi-
sions of section 291 a trial by the court Avith a jury is ordered
or under 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 any time order any cause, inatter, 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 of sections 288 to 292, the
court may, in any callse ot. inatter,a any tline or from time
to time order that different questions of fact arising therein
be tried by different modes of trial or that one or more

As amended by Law Rev. Ord.,- 1924.





questions of fact be tried before the others, and may appoint
places for such trials, and in all cases may order that
'gne or more issues of fact be tried before any other or others.

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

295. All existing enactments relating to juries shall be s
deemed to continue in full force and effect so far as the same
,may not be inconsistent with any provision of this Code.

TRIAL

1Yon
-attendance of parties,

296. When a cause is called on for trial, if neither party
appears, the court may, if it thinks fit, strike the cause out
.of the trial paper.

297. If the plaintiff does not appear but the defendant
appears, the court, on being satisfied that the plainteff has
received notice of trial, shall, unless it sees good reason to 1
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 statement of
claiin, and of notice of trial on the defendant.

299. If it is not satisfied as to the service oil every party,
the. court- shall direct sunh 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 eoavt may seem just, 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 permit,.

301. If it-is satisfied that 'the defendant has beea duly
.served with the writ of summons, the statement of claint,
and notice of trial, the court may proceed to try the. cause
notwithstanding the absence of the defendant, and. may on
the evidence adduced by the plaintiff give such judgment
as may seem just.: The court, however, shall not be. bound
to do so, but may, if it thinks fit, order the trial to stand
over to a further. day, on such terins as may seem just, and
direct fresh notice to be given to the clefendant.

302. In any'case Where the plaintiff has obtained leave
to proceed ex parte for want of appearance to the writ of
summons, and in all other cases where the court tries a cause
and judgment is given in the abseence of and against any
defendant, the couri, may afterwards, if it thinks fit, on such
terms as may poem just, set aside the judgment atidre-try, the
cause, its'being established by evidence upon oath, Lo the

satisf ction of the that the defendant's absence ivas
not wilful and that he . has a defence the merits:

303.-7(l): Where a Pause has been strack.6ut of the trial'
paper by reason .'of the absence of the plaintiff the. court
may, on. the application. of the defendant, inade with'

seven days after such strikitig 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 ace ' 6rdingly, with such notice of trail and on stich other
terms as. may seem just.

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

(2). On such leave being obtained, the cause shall be set.
down. again -it the bottom of the general frial
transferred inits regitlar turn to the trial paper

304. Where a cause has been once struck out, and has
,been a second time set down, and has come. into the trial
paper, . and on the day fixed for. the trial the plaintiff, having
received due notice thereof, fails to appear 'when the cause





is called on, the defedant shall be entiltled to judgment
dismissing the action, butif he has a conterclaim, then he
may prove such countereclaimso far as the burden of proof
lies upon him.

Order of proceedings at trial.

30.5. The order of proceedings at the trial of a cause
`shall be ,is follows:-
(1) the plaintiff shall read the pleadings'or state the sub-
stance thereof, as te 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 then produce his evidence
and examine his witnesses in chief

(4) when the party beginning ha s concluded his evidence,
he shall ask the other pai.ty if lid intends to produce evidence
(in Which terill is included evidence by affidavit or taken bY
commision or on depostition, and docunentary evidence nto
already read or takekn as read); if answered in the negativem
he shall be entitled to sum up the evidence already given
and comment thereon; ut if answered in theaffirmative, he
sahll wait for hsigeneral reply;

(5). when the party beginning has concluded his case, the
other party shall be at liberty, to address the court and to
produce his: evidence and examine his witnesses in chief)
nd to sum up the'evidence al,eady given lid comment
thereon;

(6) if 'no evidence 'is produced by the latter pailty, the
party beginning shall have no right to reply, unless he has
been. prevented from summing tip his case by the statement
of the other party of his intention to produce evidence;

.(7) the case oil both sides shall then be coiisidered closed;

(8) if the party o pposed to the paraty fleginning. produces
evidence the party beginning sliall be at liberty to reply
generally.on the whole case, or he inay prodtice, fresh eyl-
dence.in reply,to the evidence given on the other side, on
points material to the determination of the issues or any of
them, but not on collateral matters.






(9) where evidence in reply is tendered and allowed to be
given, theparat against whom the same has been addueed
shallbe at liberty to address the court, and theparaty begin-
ning shallbe entitled to th general reply; and

(10)each witness after examination-in-chief shall be sub-
ject to cross-examination by the other party, and to re-
examination by the party'calling him, and after re-exalnina-
tion may be questioned by the court, and shall not be
.recalled or further questioned, except ty leave of the court.

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

307. The court may record on the notes of evidence such
remarks as it thinks material respecting the demeanour of
any witness while under examination.

308.-(1) Any party to a cause shall -be entitled, on
application to the Registrar and on payment of the prescribed
fee, to have an office copy of the. notes of
such cause or of any portion thereof.

(2) On application by nay other person and on reasonabel
cause being shown for such application, the court may order
that such person shall ` on payment of the prescribed fee,
have an oflice copy of the notes of evidence taken in such
cause or of any portion thereof: 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 th o
sanie or any ollher cause as evidence that. viva voce id nce,
s
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 objeted to the
court, unless the objection appears to be frivolous, shall
take a nte of the question and objection, if required by




either party, and shall mention 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
Uy commission or on deposition, the party adducing the same
may read and. comment on it, either immediately after his
opening ol, after theevidence on his part has been
concluded

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

312. Every document put in evidence shall be marked
by the officer of the court at the time, and shall be retained
by the court. during the trial, and returned to the party who
put it in, or from whose custody it carne, immediately after
the judgment, unless it is impounded by order of the court.

313.-(1) Where the evidence adduced at the trial varies
substantially from the alle,ations of the respective parties
in' the pleadings, it shall be in the discretion of 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 amendi-lient 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 lid 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 was published, or as to the
character of the plaintiff, without the leave of the court,
unless he. has, seven days at least before the trial, furnished
particulars to the plaintiff of the matters as to which he
intends to give evidence.

Inclidental powers of the court.

315.-(1) The court may at the trial, without the consent
of ties, direct a nonsuit or judgment for the plaintiff or
defendant to be entered, or it may 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 prov sions of Chapter VIII shall,with the necessary
modifications, apply to every such special case.

Withdrawal from and settlement of action.
316.-(1) If the plaintiff at any tinie before final Judgment,
satisfies the court that there are sufficient grounds for
permitting him to withdraw from the action, with liberty to
bring a fresh action for the same cituse of action, it, shall be
C01,11petent to the court to grant such permission, ou such
terms as to costs or otherwise as may seem just.
(2) In any such fresh action the plaintiff shall be bound
by the rules for the limitation of actions in the same manner
as if the first action had not been brought.
(3) If the plaintiff withdraws from the action without such
permission, he shall be precluded. from bringing a fresh
action for the same cause of action.

317.-(1) If an action is settled by mutual agreement or
compromise or if. the defendant satisfies the plaintiffin respect
of the subject-matter of the action, theagreement, compromise,
or satisfaction shall be recorded, and the action shall the
disposed of in accordance therewith.

(2) Notice of such agreement, compromise, ot. satisfaction
shall be 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 made, 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 punislied accordingly.

CHAPTER XIII.

EVIDENCE.

Evidence lin 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 circuinstances of the case appear to
the court so to require, the court may take the evidence of
any witness or person at , me in the course of the
proceedings in any cause' before the trial of the cause, or
may order that such evidence shall be tahen by the
Registrar or by an), other person, and at any place.

(2) The evideiice 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 bo 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 person, 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 to examine witnesses in lieu 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, clad that
some person, within the jurisdiction at the time of the
application,' can give matenal evidence respecting the
subject of the apprehended action, but is about to leave
the jurisdiction, or that from sorne other cause the person
applying will lose the,o[ his ovidence if it is not aL
once taken : Provided that the court may, on granting such
application, impose any terms or conditions with respect to
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
proceeding, 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 compelleld
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 deerned 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
Jurnished 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 taken shall be returned to and kept in the Registry; and
office copies of such deposition 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 some other person, he may, and, if need be,
he shall, Make to the court a special report with regard to
such examination and the absence or conduct of any Avitness
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 Or-
dinance,: 1889, or section 24 of the. Extradition Act, 1870,
any civil or commercial 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 conimissioll
rogatoire, or letter of request (both of which are in this
section referred to as letter of request ), or other evidence
as hereinafter provided,. that such court or tribunal is
desirous of obtaining the testimony in relation to such
matter of any witness within the jurisdiction, the court or
judge may, on the exparte application of any person shown
to be duly authorised to make the application on behalf of
such, foreign court or tribunal, and on production of the
letter of. request, or of a certificate signed in the manner,

1.
,o
As aniended by Law Rov. 01.d., 11)24.





and certifying to the ellect mentioned in section 40 of the
Evidence Ordinance, 1889, ol. such other evidence as the
court or judge may require, make such order as may be
necessary to give effect to the intention of the enactments
above inelitioned in conformity,with section 39 of the said
Evidence Ordinance, 1889.

(2) An order made under this section shall be in Form
No. 49 in the Schedule, with such variations as circumstances
may require.

(3) The examination may be ordered to be taken before any
fit add proper person nominated by the person applying, or
such other qualified person as to the court or judge may
seem fit.

(4) Unless otherwise provided in the order for examination,
the person'before -whom the examination is taken shall, on
its- completion, forward the same to the Registrar who on
receipt thereof, shall append thereto a certificate, in Form
No.50 the Schedule, 'with such variations as circum-
stances 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 transmission
to the foreign court or tribunal requiring the same, or, where
the foreign court or tribunal so desires, for transmission to
the consul or other official of the foreign 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 therein signified to be in.accordance with the practice or
requirements,of -the foreign court or tribunal, or which may,
-for the same yeason, 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
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 intima-
tion 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 1 same ' to the Crown Solicitor who may there-
upon make, such applications and take such steps as may be





necessary to give effect to such letter of request, in accord-
ance with this section.

(7) The provisions of this section shall apply, inutatis
mutandis, to applications -under section 38 of the Evidence
Ordinance, 1889, for the purpose of giving effect to any
letter of request froin any of His Majesty's courts or tribunals
of competent jurisdiction outside the Colony.

327. Except where by this Code otherwise provided 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

(2) is beyond the 'jurisdiction of the court. ot.

(3) is unable from. sickness or other infinnity to attend
the trial, in any. of which cases the deposition, certified by
the court or under the hadn of the persu taking the
examination, as the case may be, shall be admissible in
evidence, saving all just exceptions, witholat proof of the
signature to such certificate.

Affidavits.

828.-(1) Every affidavit used lu the court shall be in
the English language.

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

(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 hte officer before
whom it is proposed to bes sworen, so written as to give any
facility for being added to or in any way fraudulently altered,
may refuse to take the affidavit in its existing
may require it to be re-written in a clear, legible,
ectionable manner.

380. No affidavit having in the body or jurat thereof any
interlineation, alteration, or erasure shall, without leave of
the court, be read ol. made use of in any matter depending
in the court unless, the interlineation or alteration (other
than by erasure) is authenticated 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 oil the erasure are re-written and signed or
'initialled in. the margin of the affidavit by the officer taking
it.

881. Any affidavit sworn before any judge, officer, or other
person in the United Kingdom or in any British possession
authoriesed to take affidavits, or before any commissioner duly
authorised by the Supremen Court to take affidavits in the
United Kingdom or in any British possession, may be used
in the court in all case 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 foreign court to which
he is attached or of such magistrate, or before a notary public-
or a British consular officer, may be used in the court in all
cases where affidavit's are admissible.

888. The fact that an affidavit purports to have been sworn
in the manner prescribed by section 331 or section 332 shall
be. prima facie evidence of the seal or signature, as the case
may be, of any such. court, judge, magistrate, commissioner,
or other officer or person 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.

* As anion(led by Law Roy, Ord., 192,1,





334. The court may receive any affidavit sworn for the
purpose of being used 'in any cause, notwitlistanding any
defect by misdescription of parties or otherwise in the title, or
jurat or any other irregularity in the forin thereof, and may
direct a inemorandum to be made on the docunient that it
has been so received.

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

38(3. A defective or erroneous affidavit may be amended
and re-sworn, by leave of the court, on such terms as to Linie,
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 com.t.

Emdence at trial.

338. The court may, in its discretion, allow the evidence
in any cause, or as to any particular matter 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 addifavit
so received shall fle liable to cross-examitiation in open court,
unless the court directs the cross-examining to take a place
in any other manner.

339. The court may, in its discretion, if the interests of
Justice appear absolutely so to require, admit all affidavit in
evidence although it is shown 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 hereinbefore contained, except in pursu-
ance of an order of the court obtained on summons before
trial, unless the court thinks fit in the circumstances
otherwise to direct, on such terms as may seem just.





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

(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 ally question or inquiry which
it regards as indecent or scandalous, although such question
or inquiry may have some bearing on the questlons before
the court, unless it relates to facts in issue or to matters
necessary to be known in order to determine 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
offensive in form.

342. Where ally person who might give evidence in ally
cause is dead, or insane or unavoidably absent at the time
when his evidence might be taken, or, for any reason con-
sidered sufficient by the court, cannot appear to give evidence
in the cause, the court may, if it thinks fit, receive proff of
,any evidence given by him in any former judicial proceed
ing: Provided that the subject-matter of such fornier judielial
proceeding was susstantially 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-examiried, or had
an opportunity of cross-examining, the witness of whose
evidence proof is so to be given.
t~

343. All evidence takell at the trial. of any cause may be
used ill any subsequent proceedings in the saine cause.

344. The provisions of Chapters XII and X111 shall, c
with the necessary modifications, apply in respect of any
.petition or matter and in respect of the hearing thereof.
p





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
Regisrar, if so rodered.
(2) A judge may pronounce a judgment written by his
predecessor or colleague but not pronounced.

347. If the judgnient of the court is reserved at the trial,
the court shall, either then or on some subsequent day, cause
the parties to be informed of the day on which judgilient
will be delivered.

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

349. A minute of every judgment or order, whether final
or interlocutory, shall be made by the Registrar or a clerk
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 drewn up.

350. Whenever the court delivers a written judgnient,
the original, or a copy thereof signed by the judge, shall be
filed in the action or other proceeding.

851. When the action is for a sum of nioney 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 hte
principal sum adjudged from the commencement of the
action to the date of the judgment, in addition to any interest

The rate of interest fixed is 8'/. per annum.





adjudged on such principal sum for any period prior to the
commencement of the action; and further interest, at such
rate as may for the time beingfle fixed by the court, shall
be recoverable on the aggregate sum so adjudged, froin the
date of the judgirient to the date of payment.

352. In any judgment for the payment of money, the
court may, for any sufficient reason, order that the aniount
shall be paid by instalments, with or without interest thereon,
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.

353. In any case in which the court,has jurisdction to
entertain an application for an injuction against a breach
of any convenant, contract, or agreement, or against the
commission or continuance of any wrongful act, or for the
specific performance 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 injunction or specific performance, and
such damages may be assessed in such maimer 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 mabstantially a inatter of caleulatioit, the court
may direct that the amount for which final judg ient is to
be signed shall be ascertained by the Registrar or by such
other.person as the court may appoint.

(2) Under any such direction, the attendance of witnesses
and the production of documents before the Registrar or
such other person may be compelled by subpoena.

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

(4) The Registrar or such other person shall indorse on
the rule or order for referring the amount of damages to
him. the amount foundby him, and shall deliver the rule or
order, with such indorsement, to the plaintiff; and such
and the like proceelings 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 plaintiff recovers a sum of
money, the amount to which he is entitled may be awarded
to him by the judgment 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 demand against the claim of the plaintiff, the judgment
shall state what amount is due to the plaintiff and what
amount, if any, is due to the defendant, and shall be for the
recovery of any sum which shall appear to be due to either
party.

(2) Similar provisions shall apply in the case of a counter-
claim.

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

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 of the judgment,
within which the act is to be done, and on the copy of the
judgment 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:
judgment 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 matter
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 the same rules and in
the same manner as a judgment to the same effect.





CHAPTER 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 contain-
ed shall deprive any executor, administrator, trustee, or
mortgagee who has not unreasonably instituted, or carried
on, or resisted any proceedings of any right to costs out of
a particular estae or fund 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 Hong-
kong code of Civil Procedure: Provided, 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.

360. Where issues in fact and in law are raised upon a
claim or, counterclaim, 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 judgmen or order made therin, such as the expense of
summoning the parties and witnesses and of other process,
and of procuring copies of documents, fees and costs of
counsel and solicitor, fees and costs of special juries, charges
of witnesses, and expenses of commissioners, either in taking
.evidence or in investigating accounts.

362.-(1) So far as the scale of court fees and fees and
costs of counsel and solicitor for the time being in use in the
court may be incomplee, all questions relating to the amount
and reasonableness of such fees and costs shall be referred
to the Registrar, who is hereby empowered to determine the
same on texation, either with or without reference to the said
scale, having regard to the skill, labour, and responsibility
involved; subject, nevertheless, to a review of such determina
tion by way of summary application to the court in chambers.





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

363.-(1) The court may, if in ally case it thinks fit,
require any party to an action or other proceeding, either at
the commencement or at any time during the progress thereof,
to give security for costs, and, in the case of a plaintiff, may
stay proceedings until such security has been giveli.

(2) A plaintiff ordinarily resident out of the jurisdiction
may be requred to give security for costs, although he 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 the court may
direct.

(4) Where a bondis to be given as seciirity, it shall, unless
the court otherwise directs, be given to the party or person
in whose favour the seciirity is ordered to be given.

364.-(1) In the event of the plaintiff who has been
required to give security for costs not giving it withing the
time fixed for that ptirpose, the court may dismissthe action
uilless the plaintiff is permitted to withdraw from. the action
or shows good cause why such time should be extelAed, in
which case the court may extend it.

(2) Where an action is dismissed nlider 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 sufficient cause from giving she security
within the time fixed for that purpose, the court may set aside
the dismissal, 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 ofund 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 stich rate as may for the time being be fixed by the court,
shall be recoverable as costs froin tile date of judgnient to the,
date of payment.

367. The court may in any case direct that costs, with ot.
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 would. be recoverable by
or from a private party, they shall be recoverable by or from
the Crown.

CHAPTER XVI.
EXECUTION.

Investigation as to property of judgment debtar,

369. (1) Where ajudgment directing payment of inoney
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 summons 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 countrary, issue such sum-
mons.
(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 directed, 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 documents in his possession or power relating
to property applicable to such payment.

.(4) Whether the judgment debtor so appears or not, the
judgment 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.

The rate of interest fixed is 8'/'~ per annum.





(5) The' court may, if it thinks fit, adjourn the hearing of
the summons from time to time, and require from the judg-
ment debtor such security for his appearance at the
adjourned hearing as may seem proper, and,in default of
his finding security, may, by warrant, commit him to prison,
there to remain until the adjourned hearing, wiless 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 judgment is for immovable property, the
party who has obtained the judgment shall be put in
possession of the property,if necessary, by the bailiff.

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 judg-
ment may be enforced against a defendant.

372. If the, judgment is against, a party is the repre-
sentative of a deceased person, and such judgment is for
money to be paid oiit of the property 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 fails to satisfy the court that he has duly applied
such property of the dceased 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 difly
applied by him, in the same manner as if the judgmend had
been against him personally.

378. If the judgment is for any specific movable or for
the specific performance of any contract or other particiflar
act, it may be enforced by the seizure if practicable, of the
specific movable and the delivery thereof to the party to
whom it has been adjudged, or by imprisonment of the
party against whom the judgment has been given, or by
attaching his property and keeping the same under attach-




ment until the, farther ordet. of flie court, or by both
imprisonment and attachment, if necessary; or, if alternative
ages have been awarded, by levying such damages in the
6 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 neglects to do so, any party interested in having
the same executed or indorsed inay prepare a deed or
indorsement of the instrurnent in accordance with the terms
the Judgment and tender the same to the court for
ectition upon the proper, stamp, 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 become liable as surety for the
performance of a judgment or of any part thereof, the
judgment may be executed against him to the extent to
which lie has rendered himself liable, in the same manner as
a judgment may be enforced against a judgment debtor.

876. Ally person, not being a party to a cause or matter,
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 he, were a party to such cause or matter;
and any person, not being a party to a catise or rnatter,
against whom obedience to any judgment or order inay be
enforced shall be- liable to the saine process for enforeing
obedience to such judgment or order as if he were a party
to such cause or matter.

General rules relating to execution.

377. 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, governinent securities, bonds, or other securities for
money, debts, shares in the capital or joint stock of ally 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 original parties to a judgment.
execution may issue at any time within six years from the
recovery of the judgment.

380. A writ of execution, if unexecuted, shall reinain in
force for one year only from its issue, unless renewed in the
manner hereinafter provided; biA such writ may, at ally
time before its expiration, by leave of the coart, 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 colitintiance
of the renewed writ, either by being inarked by the
with the seal of the court and withthe date of the day,month,
and year of sch renwal or by such party giving a written
notice of renewal to the bailiff, signed by, the party or his
solicitor and marked in like manner; and a writ of execution
so renewed shall have effect, and be entitled to priority,
according to the time of the original issue thereof.

381. The production of a writ of execution, or of the notice
renewing the same, purporting to be marked as inentiotied.
in section 380, showing the same to have been renewed, shall
be sufficient evidence of its having been so renewed.

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

383. If there are cross-judgments between the same part ies
for the payment of money, execution shall. be taken out by
that party only who has obtained a judgment for the larger
sum and for so much only as may remain after Cleduicting 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,
sums are equal, satisfaction shall be entered oil both
judgments.

As amended by Law Rev. Ord., 1924.





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

385. All questions relating to the aniotint of any mesne
profits which by the terms of the judgment may have been
reserved for adjustiment in the execution of the judginent or
of any niesne profits or interest which may be payable in
respect of the subject-matter of the action between the date
of the institution of the action and the execution of the
judgnient, as well as all questions relating to sums alleged to
have been paid in satisfaction of the ludginent or the like,
and all other questions arising between the parties to the
action in which the judgment was given, and relating to the
execution of the judgment, shall be determined by order of
the court.

Immediate execution.

386.-(1) The cotirt may, at the tirne of giving judgment,
on the verbal application of the party in whose favour the
judgment is given, order immediateexecution thereof without
the isstie of a writ of execution, except as to so imich as
relates to the costs, and that the Pidgnient shall be executed
as. to the costs as soon as the aniount 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 execution of the judgment by seizure of the person
of the party against whom judgment is given; Provided that
the party obtaining the order shall, as soon thereafter as
Provided further that if the party against whom the order
has been made satisfies the judge that he has suffieient means
and intends to satisfy the judgment, the judge may discharge
the order for immediate execution.

Application for execution in ordinary case.

387.-(1) Subject to the provisions of section 386, when
any party who has obtained a judgment is desirous of enfor-
cingthe same, lie shall file in the court a proecipe for a writ
of execution.

As ainended by Laiv Rev. Ord., 1924.





(2 ' ) The prxcipe 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
names of the parties against whom, or of the firm against
whose property, the execution is to be issued; and shall be
signed by or in the nai-ne of the solicitor of the party issuing
it or by the party issuing it, if lie does so in person.

388. The Registrar,, on receiving any application for
execution containing the particlars hereinbefore mentioned,
shall make a note of the application and of the date on which
it is made.

Is. 389, rep. No. 36 of 191A.]

Application for leave to issue execution

390.-(1) In the following xases, namely,-

(a) where six years have elapsed since the judgment,or
ally change has taken place by death or othenvise in the
parties entitled or liable to execution;

(b) where a husband is entitled or liable to execution upon
a judgment for oragainst his wife;

1 (c) where a party is entitled to execition upon a judgment
of assets in futuro; and
(d) where a party is entitled to execution against any of
the shareholders of a joint-stock company upon a judgment
recorded aginst a public officer or other person representing
such company.

the party alleging hiniself to be entitled to execution may
apply to the court for leave to issue execution accordingly.

(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 conse-
quence of an interval of more than six 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
application for execution : Provided, also, that no such notice





cessary in consequence of the application being
legal representative of an original party, if, on a
plication for execution against the same person,
as ordered execution to issue against him.
(3) When such notice is issued, if the person to whorn it,
is issued does not appear, or does not show sufficierit cause,
to the satisfaction of the court, why the judgment should not
be forthwith executed, the court may, if it is satisfied that
the; party'applying is entitled to execution, order the judg-
ment to be executed accordingly. If the person to whom
the notice is issued appears and offers any objection to the
-execution of the. judgment, the court shall make such order
as in,the circumstances of the case may seem just.

891.-(1) If a judgment has been given jointly in favour
of more persons than one, any one ormore of such persons, or
his or their representatives, inay apply to the court for leave
issue execution on the whole judgment for the benefit of
em all, or, where any of them has died, for the benefit of
e survivors and of the representative in interest of the
deceased person.

(2) 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 auditd quereld shall hereafter be
used; but any judgment debtor may apply to the court for a
stay of exedution or other relief against such judgment, 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 whoin the judgilient was given, the,
court may, if It appears jost alld reasollable (lo (10 so, stay
execution of the judgment, either absolutely or on such terms
as may seem just, until judgment has been given in the
pending action.


Issue of execution.
3 94.-(1) On the application of the person who 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 of execution shall be issued in the order
of application for the same, unless the 'court otherwise
directs.

Execution of judgment for immovable property.

396.-(.1) If, in the execution of a judgment for immovalbe
property, the bailiff is resisted or bostructed by any person
the person who has obtained the judgment rnay apply to the
court it any time svithin one month froni the time of sneh
resistance or obstruction.

(2) The court shall thereupon fix a day for investigating
the complaint, 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, oil the ground
that the property is not included in. the judgment or on any
other ground, the court shall inquire into the inatter 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 satisfied that the
resistance or obstructioncomplained of was without any just
cause, and that the person who has obtained the judgment
is still resisted or obstructed in obtaining effectual possession
of the proerty adjudged to him by the judgment, by the
judgment debtor or by some person at his instrigation, the
court may, at the instance of the person who has obtained
the judgment and without prejudice to any proceedings to
which the judgment debtor or such other person may be
liable for such resistance or obstruction, commit the judg-
ment debtor or such other person to prison for such period,
not exceeding thirty 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 person, other than the judgment debtor, claiming bona
fide to be in possession of the property onhis own account




or on accowit of some person other than the judgment
debtor, the clalin shall be numbered ancl registered as an
action between the person who has obtained the judginent as
plaintiff and the clainiant as defendant; and the court shall,
without prejudice to ally proceedings to which the clainiant
way be liable for such resistance or obstruction, proceed to
investigate the claim in the same nianner and with the like
powers as if an action for the property had been brought by
the person who has obtained the judgment against the
claimant, and shall make such order for staying execution
of the judgment, or for executing the same, as in the circum-
stances of the case rnay seem fit.

397. (1) If any person other than the judgment debtor
is dispossessed of any immovable property in execution of a
judgment, and such person disputes the right of the person
who has obtained the judgment to dispossess him of such
property under the judgment, on the ground that the
property wvas bona^ fide in his possession on his own account
or on account of some person other than the defendant, and
that it is not included in the judgment or, if it is included in
the judgnient, that lie was not a party to the actioll
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 otnained the
judgment as defendant, and the court shall proceed to
investigate the matter in disp-ute in the same manner and
with the like powers as if an action for the property had
been brought by the applicant against the person who has
obtained the judgment.

898. The decision of the court under the provisions
contained in sections 396. or 397 shall be given in a slim-
niary manner and shall be of the same force and effect as a
judgment in ,in ordinary action; and no fresh action shall
be entertained between the same, parties or persons claiming
under them in respect of the same cause of action.

* As wrictided hy Law Rev. Ord., 1924.





Execution of judginent for money attachment
of property other than debts.
399. If the judgment is for money, and the aniount there-
of is to be levied from the property of the judgment debtor,
the court shall cause the property to be attached in the man-
ner hereinafter prescribed.

400.-(1) Where the property consists of movable prop-
erty in the possession of the judgment debtor, the attach-
inent. shall be inade 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 consists ol' inovable property to
which the judgment defitor is entitled stiblect to a lien of.
right of some other person to hte immediate possession
thereof, the attachment shall bemade by a writen order
prohibiting the person in possession from giving over tAle

property to the juidgnient debtor or to any other person.

401. Where the property consists of initnovable property
or any interest therein, either at law or in equity the attach-
inent shall be made by a written order prohibitin the judg-
nient debtor from alienating the property by sale, gift, or in
any other way, and all other persons froin receiving the same,
by piirchase, gift, or in any other way.

402. Where the property consists of shares in any public
company 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 of 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 instru-
ment, the attachment shall be made by actualseizure, and
the bailiff shall bring the same into court, nad suuch instru-
ment shall be held subject to hte further order of the court.

.404. Property in the custody or tinder the control of any
public officer in his official capacity shall fle liable to attach-
ment 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 custodia legis shall be liable to attach-
ment by leave of the court and in such case the order of
attachincia shall lie sorved on the Registrar.

406.-
. (1) In the case of movable property not in the
possession of the judgment debtor, an office copy of the
prohibitory order shall be delivered to or served on the per-
son in poss ' ession of the property.
(2) In the case of immovable property or any interest
therein, an office copy of the prohibitory order shall be deliv-
ered to or served on the defendant, and, if such property
or interest is registered in th Land Office, shall be registered
in the Land Office under the Land Registration Ordinance,
1844.
* (3) In the case of shares in any pu blic company or corpora-
tion, an office copy of the prohibitory order shall be delivered
to or served on the manager, secretary, or othe proper officel.
of the company or corporation.

407. After an attachment has been made by actual seizure
or by prohibitory order as aforesaid, and, in the ease of an
attachment by proloWtory order, after it has been, Cluly
intimated and rnade known in. manner aforesaid, any aliena-
tion 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 continuance of the
attachment, shall be null and void.

408. In any case of attachment of property other that
debts, the court may, at any time during the attachment,
direct that my 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
judgmefit, 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 money which may be realized by such sale,
or a sufficient part thereof, shall be paid to -such party.

409.-(1) Where the property attached consists of im-
movable property, the court may appoint a manager of such
propery, with power to collect. the rents or other profits and
receipts. of such property, and to exectite such deeds or o ther
instniments in writing as may be necessary for the purpose,




and to pay and apply such rents, profits, and reeipts towads-
the pament of the amount of the judgment and costs.
(2) In any case in which a manager is appointed under
this section, such manager shall be bound torender form
time to time due and proper accounts of his receipts and
disburesements, as the court may direct.

410-(1) Where the property attached consists of im-
movalble 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 o a portion of it or of any other property belonging to
the judgment debtor, the court may, on the applicationof
the judgmetn debtor,postpone the sale of he property for
such period as it may think fit, in order to enabel the
judgment debtor raise the amount.
(2)If the judgment debtor is absent formthe Colony, and
it appears, to the satisfaction of he court, that the sale of
any of his property which has been attached, consisting
of immovable property or any interesttheerein, is objection-
able, and that satisfactionof the judgment may be made
within a reasonable period by a temporary alienation of such
proceeding to a sale of such propery, order that provision
be made for the satisfaction of he judgmetn by mortgage
of such propery, an may authourise the Regsitrat, if neces-
sary, to execute the mortgage deed in lieu of hte judgment
debtor and any tohernecessary parties, and my make such
orders in relation to such mortgage as may be requisite
to carry out theis provision; and the executionof such
mortgage dee by the Registrar shal have the same effect
as the execution thereof by judgment debtor and any
other necessary paries.

411. If inany case the amount of the judgment, with all
csots, charges, and expeenses incurredby the attachment,
is paid into court, or if satisfaction of the judgment is other-
wise made, the attachment shallbe wtihdrawn; and such
steps shall be taken as may be necessary for staying furthee
proceedigns in execution of he judgment.

Executionof judgment formoney by attaclument of debts.

412-(1) The court may, on ht ex parte application of
any person 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 that
judgmen has been recovered, andthat it is still unstisfie,
and to what amount, andthat nay other personis indebted
to the judgment debtor and is within the jurisdiction, order
that all debts due or accruing form such third person
(hereafter in this Chapter called garnishee) to the
judgment debtor shallbe attached to answer the judgment.



(2) By a subsequent order it may 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
judgment the debt * due or accruing from him to the

judgment debtor or so much thereof as may be sufficient to
satisfy the judgmeny.


418. 8ervice of an order that debts dne or accruing to a
Judgment debtor shall be attached, or notice thereof 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
forthwith pay into court the amount due from him to the
judgment debtor or an amount equal to the judgment
(2)~ On such payment being rnade, the court may inalw
such order as it may think proper for the disposal of the
amotint paid into court.

415.. If the garnishee does not forthwith pay into court
the amount due from him to the judginent 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 summons the court may order
execiltion. to issne, and it mayissue accordingly, without
any previous writ or process, to levy the amount chte from
the garnishee or so much thereof as may be sufficlent to
satisfy the judgment.

416. ~ If the garnishee disputes his liability, the court,
instead of making an order that execution shall issue, may
order that any issue or question necessary for determining
his liability shall be tried or determined in any manner in
which any issile or question in an action may be tried or
determined.




417.-(1) Where, in any proceeding to obtain an attach-
ment 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 has a lien or charge upon it, the
court may order such third person to appear wid. state the
nature and particulars of his claim upon such debt.

(2) After hearing the allegations of anhtird person under
such order, and of any other person whom, by the sanie or
any subseiquent order, the court may order to appear, or in
case of such third person not. appearing when ordereel, the
court may order execution to issue to levy the amount due
from the garnishee or so much -thereof as may he sufficient
to satisfy the judgment, or any issue or question to be tried
or determined according to section 416, and may bar the
claim of such third person or make such other order as the
court may think fit, on such terms, in all cases, with respect
to the fiell or chalge', if any, of slich third person, and to
costs, as the court may think just.

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

419. In any ease of attachi-nent of debts the cotirt inay
direct that the debts so attached shll,so far as may be
necessary to satisfy the judgment, be sold, allel Clat, the
money which may be realized by such sale, or a sufficient part
thereof, shall fle paid to the judginent 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 such deeds or other instruments in
writing as may be necessary for the purpose, and to pay and
apply the proceeds of such debts towards the payment of the
amount of the judgment and costs.

(2) In any case in which a manager is appointed under

this section, such manager shall be botaid to rendr frorn
time to time due and proper accounts of his receipts and
disbursements, as thecourt may direct.

As amended. by Lasy Rev. Ord., 1924.





421. There shall be kept by the Registrar a Debt Attach-
ment Book, and in such book entries shall be made of the
attachment and proceedings thereon, with names, dates, and
statement 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 paymetn of
the preseribed fee.

422 The costs of any application for an attachmentof
debts , and of any proceeigns arsing form or ncidntal to
such applicationshall be in the discretion of the court.

Claim to attache property.

423.-(1) In the eypi-it of any claim being preferred to,
or objection ollered against the sale of, any movable or lm-
movable propery which has been attached,in execution of a
judgment or under any order for attachment made before
judgmetn , as not liable to be sold in execution of the judg-
ment, the court shall, subject to. the proviso hereinafter
contained, proceed to investigate, the same, with the like

.'.powers as if the claimant had been originally made a
defendant to the action.
(2) If on the investication it a pears to the court that the

property was not in tbe Possessioll of the judgment debtor
or of some person in trust for him, or in the occlapancy of
pme person paying rent to him, at the time when the prop-
erty was. attached,'or that, being in the possession of the
judgment debtor at such time, it was so in his possession
not on his own account or as his own property, but on
account of or in trust for some other person, the court shall
make an order for releasing the property from

(3) If on the investigation it appears to the court that the
Property was in the Possession of' thedebtor 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 trnst for him, or in the occupancy of some
person paying rent to him, at the time when the property
.was attached, the court shall disallow the clairn. The party
,against whom such order of disallowance is made shall be
.At liberty to bring an action to est ' ablish his right at any
time within three nionths frorn the date of the order.





(4) Any such claim or objection shall be inade at the
earliest opportunity, by notice in writing filed in the Registry
and supported by affidavil; and if the property to whcih the
claim or objection applies has been advertised for sale, the sale
may (if it appears necessary) be postponed for the piii.pose ol*
making the investigation : Provided that no stich investiga-
tion shall be made if it appears that the litaking. of the claim
or objection was designedly and unnecessarily delayed, with
a view to obstruct the ends of justice, and in such case the
claimant shall be left t prosecute hsi claim, if he thinks fit,
by an action in the ordinary way.

424. Where movable property flas been taken in execution
under the process of the court, and any claimant alleges that
he is entitled, tinder 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 in 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 exectition iinder the process of the
court it shall be in writing, and on the receipt of the claim
the bailiff shall forthwith give notice thereof to the exectition
creditor, and the execution creditor shall, within four clays
after receiving the notice, give notice to the balliff that he
admits or disputes the claini.

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

426. When the exectition creditor has given notice to the
bailiff that lie admits the claim, the bailiff may thereupon
withdraw from possession of the property claimed, and l-nay
apply for an order protecting him from any action in respect
of the seizure and possession of the property, and the court
may make any such order as may be just and reasonable in
respect of the sarne: Provided that the clainiant shall receive
notice of such intended application, and, if he desires it, may
attend the hearing of the saine, and if he attends, the court
may, in and for the purposes of such application, mahe all
such orders as to cost as may be just and reasonable.

[Originally No. 5 of 1901. Law Rev. Ord., 1924.] Short title. Interpretation. H.K. Code, s. 2. Action. 36 & 37 Vict.c. 66, s. 100. The bailiff. Cause. Cause of action. H.K. Code, s. 2. [s. 2 contd.] This Code. The Court. The Hongkong Code of Civil Procedure. Judgment. Judgment creditor. Judgment debtor. Indian Code, s. 2. Matter. 36 & 37 Vict.c. 66, s. 100. Originating summons. O. 71, r. 1A. Party. 36 & 37 Vict.c. 66, s. 100. Receiver. O. 71, r. 1. The Registrar. The Registry. Within the jurisdiction. 36 & 37 Vict.c. 66, s. 100. Savings, H.K. Code, s. 3. Limited introduction of English rules. Arrangement of this 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). Schedule. Form No. 1. Preparation and contents of writ. H.K. Code, s. 9(2). O. 5, r. 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 of writ. O.5, r. 13. Sealing and issue of writ. O. 5, r. 11. Writ or notice for service out of jurisdiction. O. 2, r. 4. Alteration in writ. H.K. Code, s. 9(3). Duration and renewal of writ. H.K. Code, s. 9(4). O. 8, r. 1. Evidence of renewal of writ. O. 8, r. 2. Case of lost writ. O. 8, 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. [cf. S. 146 (2).] Schedule. Form No. 2. Right to indorse writ specially in action for immovable property. O. 3, r. 6. Schedule. Form No. 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 indorsed writ. H.K. Code, s. 13 (2). O. 14, r. 5. [cf. S. 135 (3).] Right to indorse writ specially in case of ordinanary account, and procedure thereon. H.K. Code, s. 13 (3). O. 3, r. 8. O. 15. [cf. S. 135 (3).] 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. Schedule. Forms Nos. 3, 4, 5. Filing of copy of originating summons. O. 54, r. 4 B. Appearance to originating summons. O. 54, r. 4 c. Attendance under originating summons. O. 54, r. 4D. Schedule. Form No. 6. Disclosure by solicitor whose name is indorsed on writ. O. 7, r. 1. Change of solicitors. O. 7, r. 3. Prohibition of service on Sunday, etc. H.K. Code, s. 8(1). [cf. No. 5 of 1912, s. 8.] General rule as to mode of service. H.K. Code, s. 8(2). Special modes of service by order of the court. H.K. Code, s. 8(3). O. 10. Service on defendant in public service. H.K. Code, s. 8(4). Service on ccertain corporations. H.K. Code, 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. O. 9, r. 4. Service on lunatic. O. 9, 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. Schedule. Forms Nos. 7, 8. [s. 42 contd.] O. 11, r. 4. O. 11, r. 5. O. 11, r. 6. Schedule. Form No. 8a. O. 11, r. 7. O. 11, r.3. O. 11, r. 8A. [s. 42 contd.] O. 11, r. 8. Schedule. Form No. 8b. Schedule. Form No. 8c. Schedule. Form No. 8e. Schedule. Form No. 8c. Schedule. Form No. 8d. Service of process for foreign court: letter of request. O. 11, r. 9. Schedule. Form No. 8f. O. 11, r. 10. Power to vary order for service. H.K. Code, s. 8(10). Expenses of service by the bailiff. H.K. Code, s. 8(11). Service and return and writ. H.K. Code, s. 10. O. 9, r. 15. H.K. Code, s. 10. Appearance in general. H.K. Code, s. 11. Schedule. Form No. 9. Appearance in case of defendant out of jurisdiction. H.K. Code, s. 11. Cross-action against absent plaintiff. H.K. Code, 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. H.K. Code, s. 12 (3). Procedure on default of appearance to originating summons. O. 13, r. 15. General rules as to joinder of person as plaintiffs. O. 16, r. 1. Case of action commenced in name of wrong plaintiff. O. 16, r. 2. Case of counterclaim where a plaintiff is wrongly joined. O. 16, r. 3. General rules as to joinder of pesons as defendants. O. 16, r. 4. O. 16, r. 5. O. 16, r. 6. Case of plaintiff in doubt as to person from whom he is entitled to redress. O. 16, r. 7. Action by or against trustees, executors, and administrators. O. 16, r. 8. Action for prevention of waster, etc. O. 16, r. 37. Case of numerous person having some interest. O. 16, r. 9. Power to approve compromise in absence of some of the persons interested. O. 16, r. 9. Misjoinder and non-joinder of parties. O. 16, r. 11. Application to add, or strike out or substitute parties. O. 16, r. 12. Procedure where defendant added or substituted. O. 16, 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. O. 16, r. 17. Appointment of guardian 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. Scheudle Form No. 10. Guardian ad litem of infant. O. 16, r. 19. Filing of authority by next friend or relator. O. 16, r. 20. Consent of person under disability to procedure. O. 16, r. 21. Representation of heir-at-law, next of kin, or class. O. 16, r. 32 (a). O. 16, r. 32 (b). Administration at suit of residuary legatee, etc. O. 16, r. 33. Administration at suit of legatee, etc. O. 16, r. 34. Administration at suit of residuary devisee, etc. O. 16, r. 35. Execution of trust at suit of cestui que trust. O. 16, r. 36. Administration at suit of executor, etc. O. 16, r. 38. Conduct of action or proceeding. O. 16, r. 39. Service of notice of judgment in action for administration of estate, etc., and effect thereof. O. 16, r. 40. O. 16, r. 41. O. 16, r. 42. O. 16, r. 43. Schedule. Form No. 11. O. 16, r. 44. Action to execute trusts of will. O. 16, r. 45. Case where no legal personal representative of deceased person interested in matter in question. O. 16, r. 46. Meaning of estate. Ordinance No. 2 of 1897. Right to appear on claim against estate under administration. O. 16, r. 47. Right of defendant to give third-party notice, and filing and service thereof. O. 16, r. 48. Schedule. Form No. 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. O. 16, r. 50. Procedure when third party does not appear, and action is decided in favour of plaintiff. O. 16, r. 51. Application for direction when third party appears. O. 16, r. 52. Schedule. Form No. 13. Directions which may be given when third party appears. O. 16, r. 53. Schedule. Form No. 14. Decision of questions of costs. O. 16, r. 54. Case of defendant claiming contribution or indemnity against co-defendant. O. 16, r. 55. Cause 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. O. 17, r. 2. Continuance of cause by or against successor in title. O. 17, r. 3. Order to carry on proceedings in case of marriage, etc., causing change of interest. O. 17, r. 4. [cf. Ss. 98, 99.] Service of order and effect thereof. O. 17, r. 5. Application to discharge or vary order by person under no disability, etc. O. 17, r. 6. Application to discharge or vary order by person under disability. O. 17, r. 7. Procedure where plaintiff or defendant dies, and person entitled to proceed fails to do so. O. 17, r. 8. Entry of abatement, etc., in Cause-Book. O. 17, 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. Rules as to joinder of other causes of action with action for recovery of immovable property. O. 18, r. 2. Claims by trustee in bankruptcy. O. 18, r. 3. Claims by or against husband and wife. O. 18, r. 4. Claims by or against executor or administrator. O. 18, r. 5. Claims by joint plaintiffs. O. 18, r. 6. Provision as to ss. 106-8. O. 18, r. 7. Remedy of defendant for misjoinder of causes of action. O. 18, rr. 8, 9. Rules of pleading. O. 19, r. 1. Form of pleading. O. 19, r. 4. Signature of pleading. O. 19, r. 4. Particulars to be given in case of misrepresentation, fraud, etc. O. 19, r. 6. Ordering of further and better particulars. O. 19, r. 7. Time for pleading after delivery of particulars. O. 19, r. 8. Plea of not guilty by statute or Ordinance. O. 19, r. 12. Admission of fact not specifically denied. O. 19, r. 13. Condition precedent to be specified in certain cases. O. 19, r. 14. Pleading to raise all grounds of defence or reply. O. 19, r. 15. 29 Car. 2, c. 3. Prohibition of departure in pleading. O. 19, r. 16. Obligation to deal specifically with allegation not admitted. O. 19, r. 17. Joinder of issue. O. 19, r. 18. Evasive denial. O. 19, r. 19. Effect of bare denial of contract, etc. O. 19, r. 20. 29 Car. 2, c. 3. Mode of stating document. O. 19, r. 21. Mode of alleging malice, etc. O. 19, r. 22. Mode of alleging notice. O. 19, r. 23. Mode of alleging contract or relation to be implied from letters, etc. O. 19, r. 24. Presumption of law. O. 19, r. 25. Technical objection. O. 19, r. 26. Striking out or amending of pleading. O. 19, r. 27. Costs of prolix pleading. O. 19, r. 2. Filing of statement of claim. H.K. Code, s. 24 (1). O. 20, r. 1. (b), (c). Schedule. Form No. 15. Description of parties. H.K. Code, s. 24 (1). Claim beyond indorsement on writ. O. 20, s. 4. Mode of stating prayer for relief. O. 20, r. 6. Mode of stating distinct claims. O. 20, 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. H.K. Code, s. 29 (2). Power to stay proceedings where statement of claim is defective. H.K. Code, s. 30. Time for filing statement of defence. H.K. Code, s. 33 (1). Schedule. Form No. 16. Application for extension of time. H.K. Code, s. 33 (1), (2). Filing statement of defence after expiration of time. H.K. Code, s. 33(4), (5), (6). Mode of denying allegations made in statement of claim. H.K. Code, s. 33 (9). O. 21 rr. 1, 2. No denial necessary as to damages. O. 21, r. 4. Costs of allegation improperty denied or not admitted. O. 21, r. 9. Plea of general issue. O. 21, r. 19. Plea in abatement. O. 21, r. 20. Service of statement of defence on plaintiff. Defence of tender before action. O. 22, r. 3. Payment into court in satisfaction of claim, or with denial of liability. O. 22, r. 1. 8 & 9 Will. 3, c. 11. Pleading of payment into court. O. 22, r. 2. Payment into court before defence. O. 22, r. 4. Payment over to plaintiff in certain cases of money paid into court. O. 22, r. 5. Procedure where payment into court is made with denial of defendant's liability. O. 22, r. 6. [cf. s. 153.] Acceptance of sum paid into court before defence. O. 22, r. 7. Payment into court in consolidated action. O. 22, r. 8. Payment into court not to be communicated to the jury. O. 22, 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. H.K. Code, s. 36 (2). Cases in which counterclaim may be allowed, and procedure thereon. H.K. Code, s. 37. Schedule. Form No. 17. Appearance by third party to counterclaim. O. 21, r. 13. Time for reply to counterclaim. O. 21, r. 14. Statement of defence to counterclaim. Continuance of counterclaim. O. 21, r. 16. Filing of reply and subsequent pleadings. O. 23, r. 3. Schedule. Form No. 18. Close of pleadings on default, and default of third party in pleading. O. 27, rr. 13, 14. Pleading matter arising before statement of defence or reply. H.K. Code, s. 63. O. 24, r. 1. Pleading matter arising after statement of defence or reply. O. 24, r. 2. Confession of defence founded on matter arising pending the action. O. 24, r. 3. Abolition of demurrer. O. 25, r. 1. Right of party to raise point of law by pleading, and procedure thereon. O. 25, r. 2. Schedule. Form No. 19. Dismissal of action, etc., on point of law. O. 25, r. 3. Striking out pleading where no reasonable cause of action disclosed, etc. O. 25, r. 4. Declaratory judgment or order. O. 25, r. 5. Amendment of indorsement, etc. O. 28, r. 1. Application for leave to amend. O. 28, r. 6. Right of amendment ex parte. H.K. Code, s. 32 (5). Amendment of statement of claim after defence. H.K. Code, 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. O. 28, r. 10. Correction of clerical mistake in judgment, etc. O. 28, r. 11. General power to amend. O. 28, r. 12. Discovery by interrogatories. O. 31, r. 1. Decision on interrogatories to be delivered. O. 31, r. 2. Schedule. Form No. 20. Costs of interrogatories. O. 31, r. 3. Interrogatories for corporation or company. O. 31, r. 5. Setting aside interrogatories. O. 31, r. 7. Answer to interrogatories. O. 31, r. 8. Schedule. Form No. 21. Objections to interrogatories by answer. O. 31, r. 6. Objection to affidavit in answer. O. 31, r. 10. Order to answer or answer further. O. 31, r. 11. Application for discovery of documents. O. 31, r. 12. O. 31, r. 13. Schedule. Form No. 22. Discovery of specific documents. O. 31, r. 19A. Production of documents. O. 31, r. 14. Inspection of document referred to in pleadings, etc. O. 31, r. 15. Time and lace for inspection when notice for inspection given. O. 31, r. 17. Application for inspection. O. 31, r. 18. Order for verified copies of entries in business book. O. 31, r. 19A. Claim of privilege. O. 31, r. 19 A. Premature discovery or inspection. O. 31, r. 20. Non-compliance with order for discovery or inspection. O. 31, r. 21. Service of order on solicitor. O. 31, r. 22. O. 31, r. 23. Using answer to interrogatories at trial. O. 31, r. 24. Discovery against bailiff. O. 31, r. 28. Discovery by or against infant, etc. O. 31, r. 29. Notice of admission. O. 32, r. 1. Notice to admit document. O. 32, r. 2. Notice to admit fact. O. 32, r. 4. Evidence of admission. O. 32, r. 7. Judgment or order upon admissions of fact. O. 32, r. 6. Evidence of service of notice. O. 32, r. 8. Costs of unnecessary notice. O. 32, r. 9. Preparation of issue of fact. O. 33, r. 1. Order of disposal of issues. H.K. Code, s. 40 (3). Amendment of or addition to issues. H.K. Code, s. 40 (4). General power to direct inquires and accounts. H.K. Code, s. 13 (4). O. 33, r. 2. Giving of special directions as to mode of taking account. O. 33, r. 3. Mode of making up account. O. 33, r. 4. Mode of vouching account. O. 33, r. 4A. Surcharge. O. 33, r. 5. Inquiry as to outstanding personal estate. O. 33, r. 6. Numbering of accounts and inquires. O. 33, r. 7. Rules as to just allowances. O. 33, r. 8. Expediting proceedings in case of undue delay. O. 33, 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. O. 34, 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. O. 34, r. 4. Entry of special case for argument. O. 34, r. 5. Schedule. FormNo. 23. Agreement of parties for payment of money, etc., on decision of special case. O. 34, r. 6. H.K. Code, s. 88. Judgment and execution on decision. O. 34, r. 6. Power for persons interested in question as to contruction of enactment, etc., to concur in stating special case for opinion of the court, and procedure thereon. 13 & 14 Vict.c. 15, ss. 1, 14, 15. Application of Chapter VIII. O. 34, r. 7. Trial of questions of fact agreed upon between parties. O. 34, r. 9. Agreement of parties for payment of moey, etc., on decision of questions. O. 34, r. 10. H.K. Code, s. 88. Judgment and execution on decision. Record of proceedings. O. 34, r. 12. Modes of making interlocutory application. H.K. Code, s. 42. Filing of motion-paper. H.K. Code, s. 43 (1). Schedule. Form No. 24. Terms of motion. H.K. Code, s. 43 (2). Amendment of motion-paper. H.K. Code, s. 43 (3). Affidavits in support of motion. H.K. Code, s. 43 (3). Affidavits in support of motion. H.K. Code, s. 43 (4), (5). Time of moving in case of urgency. H.K. Code, s. 43 (6). Motion to be ex parte or on notice. H.K. Code, s. 43(7). Proceedings on motion ex parte. H.K. Code, s. 43 (8), (9). Power of amendment, etc., at hearing. H.K. Code, s. 43 (10). Power to make order differenc form order asked for. H.K. Code, s. 43 (11). Application to vary or discharge order made on motion ex parte. H.K. Code, s. 43 (12). Procedure where notice of motion served. Return-day of order. H.K. Code, s. 44 (1). Filing of counter affidavits. H.K. Code, s. 44 (2). Non-appearance of person served with order. H.K. Code, s. 44 (3). Appearance of person served with order. H.K. Code, s. 44 (4). General power of the court on hearing. H.K. Code, s. 44 (5). Filing of application for summons. H.K. Code, s. 45 (1), (2). Schedule. Forms Nos. 25, 26. Issue of summons. H.K. Code, s. 45 (3). Proceedings on return-day of summons. H.K. Code, s. 45 (4). Schedule. Form No. 27. Taking of evidence by affidavit. H.K. Code, s. 46 (1). Cross-examination of person making affidavit. O. 38, r. 1. Taking of evidence viva voce. H.K. code, s. 46. Preservation, etc., of subject-matter of disputed contract. O. 50, r. 1. [cf. S. 270.] Sale of perishable goods, etc. O. 50, r. 2. [cf. S. 270.] Detention, preservation, or inspection of property the subject of cause or matter. O. 50, r. 3. [cf. ss. 269, 270.] Inspection by judge. O. 50, r. 4. Inspecion by jury. O. 50, r. 5. Application for order of mandamns, etc. O. 50, r. 6. Ordinance No. 2 of 1901. O. 50, r. 7. Order for recovery of specific property, other than immovable property subject to lien, etc. O. 50, r. 8. Conduct of sale of trust estate. O. 50, 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. H.K. Code, s. 49. O. 27, r. 1. Order for setting down. H.K. Code, s. 48 (1). Order for setting down on application of plaintiff. H.K. Code, s. 48 (2). Order for setting down on application of defendant. H.K. Code, s. 48(3). General power to postpone trial of cause. H.K. Code, 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. H.K. Code, s. 50 (3). Keeping of general trial list and trial paper. H.K. Code, s. 51 (1). Transfer of cause from general trial list to trial paper. H.K. Code, s. 51 (2), (3). Notice to parties of transfer of cause. H.K. Code, s. 51 (4). Taking cause out of turn. H.K. Code, s. 51 (5). Notice of postponement of trial not necessary in certain cases. H.K. Code, s. 51 (6). Order as to mode of trial. H.K. Code, s. 53 (2), (3). Right to trial by jury in action of libel, etc. O. 36, r. 2. Trial without jury. O. 36, r. 3. O. 36, r. 4. O. 36, r. 5. Order for trial with jury. O. 36, r. 6. Mode of trial in cases not expressly provided for. O. 36, r. 7. Provision for different modes of trial for different questions. O. 36, 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. H.K. Code, s. 61 (1). Default of appearance by plaintiff. H.K. Code, s. 61 (2). Default of appearance by defendant. H.k. Code, s. 61 (3). Adjournment for further service. H.K. Code, s. 61 (4). Procedure where no statement of defence filed. H.K. Code, s. 33 (3). Trial ex parte. H.K. Code, s. 61 (5). Re-trial of cause for absent defendant in certain cases, H.K. Code, s. 61 (6). Procedure where cause struck out for absence of plaintiff. H.K. Code, s. 61 (7). Default of appearance by plaintiff a second time. H.K. Code, s. 61 (8). O. 36, r. 32. General order of proceedings at trial of cause. H.K. Code, s. 62 91)-(10). Notes of evidence. H.K. Code, s. 61 (11). Remarks on demeanour of witness. 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. H.K. Code, s. 62 (15). Reading of documentary evidence. H.K. Code, s. 62 (16). Marking and disposal of document put in evidence. H.k. Code, s. 62 (17). Amendment of pleadings to correspond with evidence. H.K. Code, s. 62 (18), (19). Evidence in mitigation of damages in action for libel or slander. O. 36, r. 37. Power to the court to direct non-suit, etc. H.K. Code, s. 65 (1)-(4). Withdrawal of plaintiff from action. H.K. Code, s. 66 (1). Settlement of action by mutual agreement, etc. H.K. Code, s. 66 (2), (3). Existing rules of evidence. H.K. Code, s. 54 (1). Taking and use of evidence de bene esse. H.K. Code, s. 57 (1), (2). O. 37, r. 5. Letter of request. O. 37, 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. O. 37, r. 8. Copy of pleadings for examiner. O. 37, r. 10. Cusody of deposition taken on examination. Report of examination, and proceedings thereon. O. 37, r. 17. Procedure for obtaining evidence in the Colony for use in foreign tribual. O. 37, rr. 54-60. Ordinance No. 2 of 1899. 33 & 34 Vict.c. 52. [s. 326A contd.] Schedule. Form No. 49. Schedule. Form No. 49. Ordinance 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. H.K. Code, s. 56 (7). Presumption in favour of affidavits purporting to have been sworn abroad. H.K. Code, 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. H.K. Code, s. 56 (11). Filing and use of originally affidavit. H.K. Code, s. 56 (120. Receiving evidence by affidavit. H.K. Code, s. 54 (2). Power to admit affidavit of person not cross-examined. H.K. Code, s. 55 (3). Order of court of admission of affidavit. H.K. Code, s. 55 (4). Rules as to examination of witnesses. H.K. Code, 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. H.K. Code, 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. H.K. Code, s. 67 (10). Rules as to awarding of interest in judgment. H.K. Code, s. 67 (6). Payment of judgment debt by instalments. H.K. Code, 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 award 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. H.K. Code, 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. H.K. Code, s. 94 (3). Security for costs. H.K. Code, s. 94 (4). O. 65, r. 6A. O. 65, r. 6. O. 65, r. 7. Effect of failure of plaintiff to give security for costs. Indian Code, s. 381. Set-off for costs. Indian Code, s. 221. Interest on costs. Payment of costs out of subject-matter. Indian Code, 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. H.K. Code, s. 70 (1). Judgment for money. H.K. Code, s. 70 (3). Judgment for money against representive of deceased person. H.K. Code, s. 70 (5). Judgment for specific movable or for specific performance of contract or act. H.K. Code, s. 70 (2). Judgment for execution of deed or indorsement of negotiable instrument. H.K. Code, s. 70 (4). Case of surety for performance of judgment. H.K. Code, s. 70 (6). Order for or against person not a party. O. 42, r. 26. Description of property liable to attachment and sal ein execution of judgment. H.K. Code, s. 70 (7). Payment of moneys into court. H.K. Code, s. 70 (8). Period within which execution may issue. O. 42, r. 20. Evidence of renewal of writ. O. 42, 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 immediate execution. H.K. Code, s. 71. Procedure in case of order for immediate execution. Filing of prceipe for writ of execution. H.K. Code, s. 72 (1). O. 42, r. 12. Schedule. Form No. 28. Note of application for execution. H.K. Code, s. 72 (6). Application for leave to issue exection in certain cases, and proceedings thereon. H.K. Code, s. 73. O. 42, r. 23. [cf. S. 100.] Application for leave to issue executionby 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. H.K. Code, 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. H.K. Code, s. 75 (1), (4). Schedule. Form No. 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. H.K. Code, s. 75 (6). Levy of execution on judgment for money. H.K. Code, s. 76 (1). Schedule. Form No. 30. Attachment of movable property. H.K. Code, s. 76 (2), (3). Schedule. Form No. 31. Attachment of immovable property. H.K. Code, s. 76 (4). Schedule. Form No. 32. Attachment of shares in public company. H.K. Code, s. 76 (5). Attachment of negotiable instrument. H.K. Code, s. 76 (7). Attachment of property in custody of public officer. H.K. Code, s. 76 (6). Attachment of property in custodia legis. H.K. Code, s. 76 (6). Service of prohibitory order. H.K. Code, s. 76 (8). Ordinance No. 1 of 1844. Nullity of alienation, etc., of property after attachment. H.K. Code, s. 76 (9). Payment of money or proceeds of property attached to judgment creditor. H.K. Code, s. 76 (11). Appointment of manager of immovable property attached. H.K. Code, 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. H.K. Code, s. 76 (14). Order for attachment of debts due to judgment debtor. O. 45, r. 1. Schedule. Forms Nos. 33, 34. Effect of service of order of attachment. O. 45, r. 2. Payment into Court by garnishee. H.K. Code, s. 76 (10). Issue of execution against garnishee. O. 45, r. 3. Schedule. Form No. 35. Trial of question of liability of garnishee. O. 45, r. 4. Claim or lien of third person to or on debt, and proceedings thereon. O. 45, 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. H.K. Code, 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 the bailiff of claim to movable property taken in execution. O. 57, r. 16. Withdrawal by the bailiff on admission of claim. O. 57, 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. H.K. Code, 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. H.K. Code, s. 78 (4). Granting of certificate to purchaser when sale of immovable property becomes absolute. H.K. Code, s. 78 (5). Ordinance No. 1 of 1844. Delivery to purchaser of immovable property sold in execution. H.K. Code, s. 78 (8), (9). Procedure where resistance is offered to purchaser of immovable property sold in execution. H.K. Code, s. 78 (13), (14). [cf. S. 396.] Delivery to purchaser of movable property sold in execution. H.K. Code, s. 78 (6), (7). Prohibitory order in case of debts and shares sold in execution. H.K. Code, s. 78 (10). Negotiable instruments. H.K. Code, s. 78 (11). Execution of transfer of share, etc. H.K. Code, s. 78 (12). Duration of imprisonment for debt. H.K. Code, s. 79 (3). Subsistence allowance to prisoner for debt. H.K. Code, 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. H.K. Code, s. 79 (3). Recovery of amount of subsistence money. H.k. Code, s. 79 (4). Application of prisoner for debt for discharge. H.K. Code, s. 79 (5), (6). Schedule. Form No. 36. Schedule. Form No. 37. Effect of discharge of prisoner for debt. H.K. Code, s. 79 (7). Order on person disobeying judgment toshow cause why he should not be punished. H.K. Code, s. 81 (1), (2). Service of orde, etc. H.K. Code, s. 81 (3). Proceedings on return-days of order. H.K. Code, s. 81 (4). Enlargement of time for return to order; conditional order of committal. H.K. Code, s. 81 (5). Duration of detention of person committed. H.K. Code, s. 81 (6). Power to order act direcdted 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. H.K. Code, s. 82 (2). Schedule. Form No. 38. Meaning of absence from the Colony. H.K. Code, s. 82 (3). Bond by plaintiff before issue of writ. H.K. Code, s. 82 (4), (5). Schedule. Form No. 39. Court may order issue of writ before execution of bond. H.K. Code, s. 82 (5). Movable property. H.K. Code, s. 82 (6). Priority of writs. H.K. Code, s. 82 (7). Attachment of property in custody of public officer. H.K. Code, s. 82 (8). Attachment of property in custodia legis. H.K. Code, s. 82 (8). Effect of service of writ on garnishee as regards movable property. H.K. Code, s. 82 (11). Execution of writ against property. H.K. Code, s. 82 (9). Ordinance No. 1 of 1844. Effect of registration of memorial of writ on immovable property. H.K. Code, s. 82 (10). Sale of movable property attached under writ. H.K. Code, s. 82 (12). Punishment of garnishee disposing, without leave, of property attached. H.K. Code, s. 82 (13). Seizure of attached property in danger of being removed, etc. H.K. Code, s. 82 (14). Publication of notice of issue of writ. H.K. Code, s. 82 (15). Service of notice of writ on defendant, H.K. Code, s. 82 (16). Filing of statement of claim, and proceedings thereafter. H.K. Code, s. 82 (17). Proceedings at trial of action. H.K. Code, 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 serveral claims to property attached. H.K. Code, s. 82 (23). Staying proceedings against garnishee. H.K. Code, s. 82 (24). Giving leave to defendant to defend action, s. 82 (25). Application by defendant to dissolve attachment. H.K. Code, 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. H.K. Code, s. 82 (28). Mode of preferring claim against Government. H.K. Code, s. 83 (1). 23 & 24 Vict.c. 34. Commencement of action. H.K. Code, s. 83 (2). Consent of Governor and procedure thereafter. H.K. Code, s. 83 (3). Service of documents in action. H.K. Code, s. 83 (4). Procedure where judgment given against Government. H.K. Code, 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. O. 48A, r. 2. Service on partners sue in name of firm. O. 48A, r. 3. Notice of capacity in which person is served. O. 48A, r. 4. Appearance of partners. O. 48A, r. 5. Manager served need not appear. O. 48A, r. 6. Appearance under protest of person served as partner. O. 48A, r. 7. Execution of judgment against firm. O. 48A, r. 8. Attachment of debts owing from firm. O. 48A, r. 9. Application of Chapter XIX to actions between co-partners. O. 48A, 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). Assigment of counsel and solicitor to consider case. H.K. Code, s. 86(1). O. 16, r. 23. Order for admission to sue or defend as pauper. H.K. Code, s. 86(1). O. 16, r. 24. Assignment of counsel and solicitor to assist pauper. O. 16, 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. O. 16, r. 26. Punishment of person taking fee from pauper. O. 16, 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. O. 16, rr. 29, 30. Service of writ of summons in case of vacant possession. O. 9, r. 9. Action for recovery of immovable property to the Crown. Appearance by person in possession. O. 12, r. 25. Appearance by landlord. O. 12, r. 26. Procedure where person not named as defendant appears. O. 12, r. 27. Limitation of defence to part of property. O. 12, 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 of rent. 15 & 16 Vict.c. 76, s. 210. Limitation of right of lessee to relief on equitable grounds. 15 & 16 Vict.c. 76, s. 211. Discontinuance of proceedings in ejectment on payment of rent and costs. 15 & 16 Vict.c. 76, s. 212. Ejectment by landlord against tenant holding over after expiration or term of determination of tenancy by notice to quit. 15 & 16 Vict.c. 76, 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. 15 & 16 Vict.c. 76, s. 215. Right of plaintiff to claim mandamns by indorsement or wirt. H.K. Code, s. 85 (1). Setting forth of grounds for mandamns in statement of claim. H.K. Code, c. 85 (2). Proceedings in action claiming mandamns. H.K. Code, s. 85 (3). Issue of peremptory writ of mandamus. H.K. Code, s. 85 (4). Nature of writ and return thereon. H.K. Code, 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 pregrogative writ. 17 & 18 Vict.c. 15, s. 77. Cases in which relief by interpleader granted. O. 57, r. 1. Matters to be proved by applicant. O. 57, r. 2. Schedule. Form No. 40. Adverse titles of claimants. O. 57, r. 3. Application by defendant. O. 57, r. 4. Summons by applicant. O. 57, r. 5. Stay of action. O. 57, r. 6. Order upon summons. O. 57, r. 7. Disposal of claims in summary manner. O. 57, r. 8. [cf. S. 535.] Decision of question of law. O. 57, r. 9. Failure of claimant to appear or refusal to comply with order. O. 57, r. 10. Finality of order. O. 57, r. 11. [cf. No. 27 of 1912.] Application of Chapters VI and XII. O. 57, r. 13. General powers to the Court in interpleader proceedings. O. 57, r. 15. Interpretation of submission. 52 & 53 Vict.c. 49, s. 27. Effect of submission. 52 & 53 Vict.c. 49, s. 1. Provisons implied in submission. 52 & 53 Vict.c. 49, s. 2. and First Schedule. Power of the 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. 52 & 53 Vict.c. 49, s. 6. Powers of arbitrator or umpire and procedure on reference. 52 & 53 Vict.c. 49, s. 7. O. 36, r. 48. O. 36, r. 49. O. 36, r. 50. O. 36, r. 51. O. 36, r. 53. Suing out of subpoena. 52 & 53 Vict.c. 49, s. 8. Enlargement of time for making award. 52 & 53 Vict.c. 49, s. 9. Remitting of award. 52 & 53 Vict.c. 49, s. 10. Misconduct of arbitrator or umpire. 52 & 53 Vict.c. 49, 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 of 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. 52 & 53 vict.c. 49, s. 14. Powers of referee, and procedure on reference. 52 & 53 Vict.c. 49, s. 15 (1). O. 36, r. 48. O. 36, r. 49. [s. 553 contd.] O. 36, r. 50. O. 36, r. 51. O. 36, r. 52. O. 36, r. 53. O.36, r. 54. O. 36, r. 55. O. 36, r. 55B. Judgment to be entered by referee. O. 40, r. 2. Setting aside judgment of referee. O. 40, r. 6. Effect of report or award. 52 & 53 Vict.c. 49, s. 15 (2). Remuneration of referee, etc. 52 & 53 Vict.c. 49, s. 15 (3). Powers of the court as to reference. 52 & 53 Vict.c. 49, s. 16. Compelling attendance of witness before reference, etc. 52 & 53 vict.c. 49, s. 18. Statement of special case pendin reference. 52 & 53 Vict.c. 49, s. 19. Costs. 52 & 53 Vict.c. 49, s. 20. Punishment for prejury. 52 & 53 Vict.c. 49, s. 22. The Crown to be bound by Chapter XXIV. 52 & 53 Vict.c. 49, s. 23. Application of Chapter XXIV to references under statutory powers. 52 & 53 Vict.c. 49, s. 24. Application for taking security for appearance 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. H.K. Code, s. 16(2). Schedule. Forms Nos. 41, 42. Showing cause, and procedure thereon. H.K. Code, s. 16 (3), (4). Schedule. Form No. 43. Schedule. Form No. 44. Release or committal to custody of defendant. H.K. Code, s. 16 (5). Subsistence of 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. H.K. Code, 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). Schedule. Form No. 45. Showing cause, and procedure thereon. H.K. Code, 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. H.K. Code, s. 17 (7). Power to award limited compnsation to defendant for unjustifiable attachment. H.K. Code, s. 17 (8). Arrest and detention of ship in special circumstances. H.K. Code, s. 19 (1). Release of ship under detention. H.K. Code, s. 19 (3). Power to award limited compensation for unjustifiable arrest and detention. H.K. Code, s. 19 (2). Granting of injunction to stay waste, damage, or alienation of property. H.K. Code, s. 18 (1). Granting of injunction to restrain breach of contract or other injury. H.K. Code, s. 18 (2). Giving notice of application for injunction. Indian Code, s. 494. Effect of injunction directed to company or corporation. Indian Code, s. 495. Discharge, etc., of order for injunction. Indian Code, 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. O. 50, r. 16. Adjournment of order for receiveer into chambers for giving of security. O. 50, r. 17. Fixing of times for leaving and passing accounts and paying balances. O. 50, r. 18. Leaving and passing account. O. 50, r. 20. Proceedings on default made in leaving or passing account, etc. O. 50, r. 21. [cf. No. 47 of 1912.] Appeal from decisions. Ordinance No. 3 of 1873. Motions for new trial to be heard by Full Court. 53 & 54 Vict.c. 44, s. 1. General power to order new trial. H.K. Code, s. 68(1). Application for new trial. H.K. Code, s. 68 (2)-(4). O. 39, r. 3. Grounds for granting or refusing new trial. H.K. Code, s. 68 (7). O. 39, r. 6. O. 39, r. 8. Power to order new trial on any one question. O. 39, 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 ordered. Right to jury on second trial. H.K. Code, s. 68 (5), (6). Recording of grant of application for new trial. H.K. Code, 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 re-hearing on motion. O. 58, r. 1. Service of notice of motion for appeal, etc. O. 58, r. 2. Length of notice. O. 58, r. 3. General powers of the Full Court. In hearing appeal. O. 58, r. 4. Power to order new trial. O. 58, r. 5. Power as to costs. O. 58, r. 4. Notice of appeal by respondent. O. 58, r. 6. length of notice by respondent. O. 58, r. 7. Setting down appeal. O. 58, r. 8. Evidence on appeal as to question to question of fact. O. 58, r. 11. Transcript of proceedings. Evidence as to driection of or questions by judge. O. 58, r. 13. Interlocutory order not to rejudice appeal. O. 58, r. 14. Stay of proceedings. O. 58, r. 16. Mode of making incidental application. O. 58, r. 18. Interest where execution delayed by appeal. O. 58, r. 19. Counsel in chambers. O. 55, r. 1A. Course of proceeding in chambers. O. 55, r. 37. Entry of summons in Summons Book. O. 55, r. 38. Determination on originating summons of question relating to estate of deceased person or to express trust. O. 55, r. 3. [cf. S. 636.] Order on originating summons for administration of estate or of trust. O. 55, r. 4. Persons to be served with originating summons. O. 55, r. 5. Service on other person, O. 55, r. 6. Evidence in support of application. O. 55, r. 7. Judgment upon summons. O. 55, r. 8. Carriage and service of judgment. O. 55, r. 9. Right of the court to refuse to order administration. O. 55, 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. O. 55, r. 12. Application by summons under Trustees Ordinance, 1901. Ordinance No. 5 or 1901. O. 55, r. 13A. Application in chambers for relief relating to charity with annual incomne 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. 3, c. 101. 16 & 17 Vict.c. 137, s. 43. 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 generally. O. 51, r. 1. Right of mortgagor in ejectment by mortgagee to pay mortgage money, etc., and to have reconveyance. 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, fore-closure, etc. O. 55, r. 5A. Persons to be served with summons. O. 55, r. 5 B. Power to judge to obtain assistance of accountant, etc. O. 55, 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. O. 55, r. 27. Classifying interests of parties. O. 55, r. 40. Court may require separate solicitor to represent parties. O. 55, r. 41. Attendant of parties not directed to attend. O. 55, r. 42. Drawing up of order stating parties who have been directed to attend. O. 55, r. 43. Exclusion of claimants not coming to prove within time fixed. O. 55, r. 44. Number of advertisements. O. 55, r. 45. Advertisement for claimants. O. 55, r. 46. Schedule. Form No. 46. Advertisement for creditors. O. 55, r. 46A. Schedule. Form No. 47. Particulars of advertisement. O. 55, r. 47. Non-necessity of attendance, etc., by creditor. O.55, r. 49. Duty of creditor to produce security, and evidence of debt. O. 55, r. 50. Creditor refusing to produce security, etc. O. 55, r. 51. Examination and verification of claims. O. 55, r. 52. Postponement of affidavit. O. 55, r. 53. Adjournment of hearing of claims. O. 55, r. 54. Adjudication on claims. O. 55, r. 55. Notice to creditor of claim allowed or not allowed. O. 55, r. 56. Claims after expiration of time fixed. O. 55, r. 57. Costs of creditor establishing debt. O. 55, r. 58. List of claims allowed. O. 55, r. 59. Service of notice to claimant or creditor. O. 55, r. 61. Computation of interest on debt carrying interest. O. 55, r. 62. Allowance of interest on debt not carrying interest on debt not carrying interest. O. 55, r. 63. Interest on legacy. O. 55, r. 64. Nature of certificate. O. 55, r. 65. Reference in certificate to judgment, etc. O. 55, r. 66. Contents of certificate in case of account. O. 55, r. 68. Taking opinion of the court. O. 55, r. 69. Effect of certificate. O. 55, r. 70. Application to discharge or vary certificate. O. 55, r. 70. Power to discharge or vary certificate. O. 55, r. 71. Further consideration of matter originating in chambers. O. 55, r. 72. Keeping of notes or proceedings in chambers. O. 55, r. 73. Drawing up and entering or order. O. 55, r. 74. Evidence of order. O. 55, r. 74A. Delegation of powers and duties. Appointment of sittings. H.K. Code, s. 52 (2). General publicity of sitting. H.K. Code, s. 52 (3). Order of business at sitting. H.K. Code, s. 52 (4). Sealing and filing of documents. H.K. Code, s. 96. Keeping of Cause-Book. H.K. Code, s. 6. Schedule. Form No. 48. General power of adjournment. H.K. Code, s. 90. O. 36, r. 34. Power to allow income of property, pendent lite. O. 50, r. 9. Proceedings for limiting ship-owner'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. O. 70, r. 2. Statement of grounds of application. O. 70, r. 3. Costs on dismissal of summons to set aside proceeding. O. 70, 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. Ordinance No.5 of 1912. Ordinance No.5 of 1898. Appointment of commissioners for oaths. 16 & 17 Vict. C.78, ss. 1-5; 52 & 53 Vict. C. 10, s.2. Application for leave to issue writ to attachment. O.44, r.2. Effect of writ of attachment. O.44, r.1. Privilege of judicial officer from arrest. Indian Code, s.642. Saving of certain provisions of 8 & 9 Will. 3, c.11. General mode of publishing notice. H.K.Code, s.97. Forms. H.K.Code, s.98. Schedule. R.S.C., 1883. App. A, Part I, No.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. R.S.C., 1883. App. A, Part I, No.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. R.S.C., 1883. App. A, Part I, No.1. (1)If the question to be determined arises in the administration of an estate or a trust, entilte it also in the matter of the estate or trust. (2)State concisely the nature of the claim. (3)State the questions. R.S.C., 1883. App. K, No. 1B. (1) State the object of the application. R.S.C., 1883. App. K, No. 1H. (1) State the object of the application. R.S.C., 1883. App. K, No.1F. (1) Insert the name of the defendant or respondent. R.S.C., 1883. App.A, Part I, No.5. R.S.C., 1883. App. A, Part I, No.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. R.S.C., 1883. App. A, Part I, No.9. R.S.C., 1883. App. A, Part I, No.10A. R.S.C., 1883. App. A, Part I, No.10B. R.S.C., 1883. App. A, Part I, No. 10C. R.S.C, 1883. App. K, No.20A. R.S.C., 1883. App. A, Part II, No. 1. R.S.C., 1883. App. A, Part II, No.1. R.S.C. 1883. App. A, Part II, No.8. R.S.C., 1883. App.G, No.28. R.S.C., 1883. App.B, Part II, No.1. R.S.C., 1883. App. K, No. 4E, 1. R.S.C., 1883. App. K, No.4F. (1) Mention the judge. R.S.C., 1883. App.E, Sec. II. R.S.C., 1883. App. E, Sec. II. R.S.C., 1883. App. E, Sec. II. R.SS.C., 1883. App. E, Sec. II. R.S.C., 1883. App. E, Sec. III. No.1. R.S.C., 1883. App. B, Part II. No.6 R.S.C., 1883. App. B, Part II, No.7. R.S.C., 1883 App. B, Part II, No.8. R.S.C., 1883. App. G, No. 25. R.S.C., 1883. App. B, Part II, No. 18. (1) State the object of the motion. (1) State the object of the application. (1) State the object of the application. R.S.C., 1883. App. K, No.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. R.S.C., 1883. App. B, Part II, No.25. (1) Insert name, address, and description of garnishee. R.S.C., 1883. App. K, No.39. (1) Mention the judge. R.S.C., 1883. App. K, No.40. (1) Mention the judge. (1) Mention the judge. R.S.C., 1883. App. B, Part II, No.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. R.S.C., 1883. App. L, No.2. R.S.C., 1883. App. L, No.3. (a) Name of judge. (b) Description of foreign tribunal. (c) 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 examintion. (h) Description of documents, if any, required to be produced.

Sale of property in execution of. judgment.

427. Every sale in execution of a Judgment shall be inade
under the direction of the Registrar, and shallbe conducted
according to such orders., if any, as the court may make on
the application of any party concerned, and shall be inade by
public auction: Provided that the court inay in any case
authorise the salp, to be made in such other manner as it may
deem advisable.

428. At any time within ten days froin the date of sale of
any immovablepropertyin execution of ajudgment, applica-
tion may be made to the court to set aside the sale on the
ground of any material irregnlarity in the conduct of the sale,
but no such sale shall be set aside on the ground of such
irregularity unless the applicant pi.o\,es, to the satislaction
of the court, that he has sustained substantial injury by
reason of such irregularity.

429.-(l) If no such application is made, the sale shall
be deemed 'absolute.
(2) If' such application is made and the objection is
disallowed, the cou rt 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 asiJe the sale
,for irregularity.

430. Whenever a sale of immovable property is set aside
for irregularity, the purchaser shall be entitled to receive
back any money deposited or pQid by him on account of such
sale, with or witliout interest, to be, paid by such partles'and
in sul manner as it-may appeal. proper to the court to direct.

431.-(1) After a sale of immovable property has beconi.e
absolute in manner aforesaid, the court shall grant a certificate
to the person who has been declared the.Purchaser at such
sale to the 0Nect that he has purchased the right, title, and
interest of the judgment debtor in the property sol.d.
(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 inay be
registered in the Land Office under the Land Registration
Ordinance, 1841,





432.-(1) Where the property sold consists of immovable
property il, the occupancy of the. judgment debtor, or of
some person on his behalf, ol. of sonie person claiming under
a title created by the judgment debtor subsequently to the
attachment of the pro-perty, the, court shall, on the
tion of the purchaser, order delivery of the property to be
made by putthig flie, party to whom the property has been
sold, or any person whom he may appoint to receive delivery
on his behalf, in possession thereof, and, if necessary by
removing any person who may refuse to vacate the saine.


(2) Where the property sold consists of lininovable prop-
erty in the occupancy of anyother person ectitled to occupy
the same, th court shall, on the applicationof the purchaser,
order delivery thereof to fle made by affixing a copy of the
certificate of sale in some conspicuous place oil 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 obstructionto the executionof a judgmetn 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
under ally other title, or if, in the delivery of possession to
the purchaser, any stich. pbrson claiming as aforesaid is
dispossessed, the court, on the complaint of the purchaser or
of such person claiming as aforesalcl, if made wtihin one
inolith from the date, of such resistance ol* obstruction ot. of
such dispossession, as the case imay be, shall inquire into
the matter of the, complaint and make siach. order as may be
proper in the circumstances of the case.

(3) The person against whom any such order is made shall
te at liberty to 1Ting an action to establish his right at any
time within. three itioriblis from the date of the orcler.

434.-(1) Wliere the property sold consists of movable
property in the possession of the judgment debtor or to the
immediate possession of which the Judgnient debtor .18





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

435. Where the property sold consists of debts, nto 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 froift inalurig,
payment thereof to any person except the purchaser, or
prohibiting the person in whose name the shares are stawl-
.ing froni making any transfer of the shares to any person
except the purchaser, or receivino. 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 to any person except
the purchaser.

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

1 437.-(1) If the execution of a transferty any person in
whose name any share in a public company or corporation
is standing, or the indorsement by aiiy person of any
negotiable instrumetn or the execution by any person ol any
deed or other instrument relating to immovable property or
any interest therein, is lawfully required to give effect to any
sale in, execution of a judgment, the Registrar, with the
sanction of the court, may---
(a) execute stich transfer; or
(b) indorse such negotiable instrument; or
(c) execute such deed or other instrument.
(2) The execittion of such transfer, the indorsement
such negotiable instrument, and the execution of such deed
or other instrument by the Registrar shall have the sarne
eflect as the execution and the indorsement by the person
whose execution or indorsement 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 dividendor interest due
in respecto fany such share or negotiable instrument.

Execution of judgment for money by imprisonment.

438. No person shall be imprisond in executionof a
judgment for a longer period than one year, or for a longe
period than six months if the judgment is for the payment
of money not exceeding five hundred dollars, or foar a longer
period than three months if the judgment is for the payment
of money not execeeding one hundred dollars.

439. When a judgment debtor is committed to prison in
execution of the judgment, the court shall fix whatever
monthly allowance it may thinksufficient for hsi subsistence,.
nto exceedign twenty-five cents per diem, which shall b
paid by theperson at whose instance the judgment has been
executed to the Superintedent of Prisons by monthly
payments in advance, before the first day of each month,
the first payment made to be for such portion of th current
month as may remain unexpired befroe thejudgmetn debtor
is committed to preison.

440-(1) In case of the serious illness of any person
imprisoned in executionof a judgmetn, it sallbe lawful
for the court, on the certificate of he surgeon of he goal in
which he is confined or of th chief medical officer of the
Government, to make an ordr for the removeal of the
judgment debtor to the Governmetn Civil Hospital, and for
his taratment there undre custody until further order.

(2) In any such case th period of the judgment debort's
stay in hospital hall be counted as part of his termof
iprisonmetn, and his subsistence money shallbe paid as if
no such ordr had been made.

441 fevery person imprisonedin execution of a judgment
shall be released at any time on te judgment being fully
satisfied,or at th request of the person at whoe instance
the judgment has been executed, or on such perosn omitting
to pay his subsistence money.




442. All sums paid by a plaintiff for the subsistence
of a person imprisone in execittion of a judgment shall be

added to the 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 on account of any suni so paid.

443.-(1) Any person imprisoned in execution of a
judgment may at any time make written application to the
court for his discharge.

(2) The application shall contain a full account of all
property of -whatever nature belonging to the applicant,
whether ill 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 implements of his
'trade), and of the places respectively where such property
is to be found; and the application shall be signedby the
applicant and verified by affidavit, and shall be forwarded
by the applicant's solicitor, or, if he has no solicitor, by the
Superintendent of Prisons, to the Registrar.

(3) On the application being received, the Registrar shall
forthwith 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 way signify his
intention of appearing and opposin g. the application and
make proof that the judgment debtor's inability to satisfy
the judgment is attributable to unjustifiable extravagance
in living ol. that the judgment debtor, for the purpose of
procuring his discharge without satisfying the judgment,
has wilfully concea16d property or his right or interest
therein, or fraudulently transferred or reinoved property, or
committed ally other act of bad faith.

Provided always that the judgment creditor shall not
allowed to appear and oppose the application miless, within
the period fixed as aforesaid, he shall have signified in
writing to the Registrar his intention of so appearin o. and
opposing the application.

As amended by Law Rev. Ord., 1924.





~, (4) If, after siicli investigation as it may think proper on
!the 'application, the court is of opinion that the judIgment
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 jugment debtor in prison, unless he
has already beenin prison on account of the judgment for
has already been in prison ori account of 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, but his
property shall continue liable, undel. the ordinary rules, to
attachment and sale until the judgment is fulh satisfied.

Committal fog. disobedience to judgment.

445.-(1) Where any person is gullty of wilful dis-
obedience 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 pimished for the dis-
obedience.

(2) The court, imless it sees good reason to the conti.ary,
shall, on such application, inake an. order accordingly.

(3) The court shall not grant the order except oneevidence
Upon oath- or by allidavit establishing such a case as, if
ncontradicted and unexplained would justify the imniediate
committal of the person disobeying the judgment.

446. An ofi-ice copy of the order and of the deposition Or
affidavit upon which the order was granted shall. be
on the person. to whoni the orcler is clirected.

447. On the return-day of the ordr, if the person to
whom it is directed does nto attend and does not establish a
sufficitetn excuse for nto attending, and if the court 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 warnwit for his conintittal to prison.





448. The court may enlarge the time for the return to the
order, or may, on the return. of it and in circumstances
which would strictly justify the immediate committal of the!
person guilty of the disolielience, direct that the warrant for
his committal to prison slaLl issue only after a certain tima
and in the event of his continued disobedience at that time
to the judgment in respect of which he has been guilty of
disobedience.

449. A person committed for disobedience to ajudgment
shall be liable to be detaincd. In- cuistody until he has obeyed
the judgment in all things which. are to be immediately peir-
formed, and given such security as the court may think fit
to obey the other parts of the, judgment, if any, at the f ti ture
times thereby appointed, or, in case of his no longer having
the power to obey the judgment then until he has been
imprisoned for such time or until he has paid such fine as
the court may direct.

450. If a mandamus, grarted in an action or otherwise, or
a mandatory order, injunction, or Judgment for the specific
performance 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 he done
may be done, so far as practicable, by the party by whoin
the mandamus, order, injunction, or judgment has been
obtained, or by some other person appointed by the court, at
the,cost of the 'disobedient party, and, upon the act being
done le' expenses ineurred. rnay be ascertained in such
manner as the court maydirect, and execution may issue for
the amount so ascertained, and costs.
451. Any judgment ac-ainst a corporation Which is Wil-
,fully disobeyed inay, by leaxe of the court, be enforced by
sequestration against the corporate property, or by committA
of the directors or other efficeis thereof, or by writ of
sequestration against their property

PART 11.
SPECIAL ACTIONS AND PROCEEDINGS.
CHkMER XVII.

FoREiGN -A-ITACIIMENT.

Proceedings by ioreign attachment may be taken in in
the manner hereinafter pirescribed in any action, provided
the cause of action arose within the jurisdiction.





[453.-(1) On the filing in court by the plaintiff in any
such action cif an affidavit to the following effect:-
(a) that the cause of action arose within the jurisdiction
(6) that the plaintiff has taken out a writ of summons
against the defendant, but that the defendant is absent from
the Colony or that there is probable cause to teflieve that the,
defendant is concealing himself to evade proceedings; and
(c) that the defendant is beneficially entitled to movable
property within the jurisdiction in the custody or tinder 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 therein, within the jurisdiction
and on the giving of the bond hereinafter mentioned,
the Registrar may issue a writ of general attachnielit 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 fourteen days
after thedate thereof, except by special leave of the court

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 flas 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 claim or in
any less sum by special leave of the court the condition of
which said bond shall be that in case the defendant shall,
at any time within the, period hereinafter limited in that
behalf, cause the writ to be set aside, or any judgment
which may be given in the action to be reversed or varled,
the plaintiff will pay to the defendantall such sitins of 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 amotint of damages than it is competent
to.award in: an action for damages, and such award shall
bar any action for damages in respect of the action and
attachment.





,.(2) The bond shall. be in such forin ancl given to stich

person as the cotnt way, from time, to time or in any
articular case, approve mid direct, and shall be, entered.
.into bed-ore the Registrar and deposited 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 in
the circumstances it is expedient that the writ should issue
forthwith and before the Lond has been entered into, the
may order the writ to issue accordingly, on sitch terms
may think fit, and by the same order shall limit the
not exceeding seven days froin 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 in complying with the requirements
.of the order the filne thereby limited, the court may
dissolve' the writ, and therenpon may award damages may
costs to the defelidant 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 maovable property shall be
executed by the bailiff.
458.-(1) Where two or niore writs issue tit the stijt of
different. plaintiffs, they shall take priority respectively
according to the date and time at wbich they reach the
hands of the bailiff for execution.

(2) No. such writ shall take priority over a writ of execli-
tion in an action pending at the date of such writ of foreign
attachment.
1 (3) The bailiff shall inloyse on every such writ the date
and time of the same corning to his hands for execution.

459. Property in. the custody or under the control of any

public officer in his official capacity shall be liable to attach-
ment with the conserit, in writing of the Attorney General,
and in such, case the writ shall be served on such public


officer.

460. Property in custodia legis shallbe liable to attach-
ment by leave of the court, and in such case the writ shall
be served onthe Registrar.




461. From the time of the service on the garnishee of the
writ, all property whatsoever within the jurisdiction, other
thari immovable property or any interest therein, to which
the defendant nientioned 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 deFend-
ant, shall, to the extent of the defendant's interest therein,
and subject to Crown debts, and to any boneifide prior title
thereto or lien or charge thereon, and to the rights and
powers of prior incumbrancers, be attached in the hands of
the garnishee to satisfy the claim of the plaintiff.

462.-(1) Where the dedelidant is beneficially entitled
to immovable property or to any interest, tlierein, a mrmotial
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 judgment in the
action is satisfied, a certificate to that effect, under the hand
of the Registrar and the seal of the court, may be register-
ed in ther Land Office, and thereupon the rrieinorial shall be
deemed to have been cancelled.
[(3), rep. No. 36 of -19021.]

463. From the time of the registration in the Land Office
of the memorial of the writ, all immovalAe property within
the jurisdiction, or any interest therein, to which the
defendant mentioned in the writ is then beneficially entitled,
whether solely or jointly with others, shall, to the extent of
his interest therein, and subject to 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 attached to
satisfy the claim of the plaintiff.

464. The court may, at any time before judgment, on
such grounds as it may deem sufficient, order any property,
other than immovable property or any interest therein,
attached under the writ to be sold in such manner as it may
direct and the net proceeds to be paid into court.
465. Any garnishee who, w ithout the leave or order of
the court, at any time after the service of the writ and before
the writ is dissolved,-





(1) knowingly an dwilfully parts wth the custody or
contrl of any property attached in his hands; or
(2) removes the sanle out of the jurisdiction of the court;
Or

(3) sells ol. otherwise disposes of the salne or

(4) pay over nay debt due by him ot the defendant
excepting only ot or tho the use of the plaintiff

shall pay such dainages to the plaintiff as the court lilay
award, . and shall further be deemed guilty of a contempt of
court and shall lie liable to be proceeded against and
punished accordingly Provided that the court shall not
award a larger ainount of damages than it is competent to
award in an action for damages, and such award shall bar
any action for' damages 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 alfidavit or otherwise, that
there* -is reasonable cause to believe that any property attached
is in danger of being reinoved out of the Jurisdiction or of
being sold ol. otherwise disposed of, the Registrar may, by
an -order in writing, direct the bailiff to seize such property
and detain the same subject to the order of the court ; and
.the bailiff shall thereupon seize and detain such property
accordingly.

467. Notice of the issue of the writ shall be inserted twice
in.the Gazette and twice in some local newspaper, unless the
court shall, by reason of the defendant having entered all
appearance ol. ori any other ground, dispense, wilth 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 garnishee or of any
friend ol. 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 attachment -undel.
the writ.





469. After the issue of the writ, (but subject to the
provisions of section 468), 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
his claim. as in all ordinary action in which there has been
due service of the writ of summons and leave has bcell
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 plaintift'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 judginent,
the court may, at the same or any subsequent sitting, examine
or permit the plaintiff. to examine the garnishee or ally other
person, and determine what property, movable or immovable
is liable to attachment under the writ.

(2) If the garnishee, either on such examination or by notliCe
in wriffilg filed in the Registry at any time after the attach-
ment, disputes the liability of the property to attachment,
the court may order that ally issue ol. question necessary for
determining such liability shall be tried and determined in
any manner in. which any issue or question in all 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 ol. of its own motion summon any person
whom it may think necessary and examine him 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 plaintiff of at
any* subsequent sitting, order that execution shall issue
against all or any part. of the propedy 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.

A6 amultded by L1m. Itew. Ord., 192.1.





(5) if the plaintiff fails to obtain judgment, the court shall
thereupon 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-delivery of
.the goods, the court may stay the proceedings on such terms
as the court inay think proper, and order the goods to be
landed and warehoused in custoda legis, without prejudice
to the master's lien thereon, and may dissolve the atflach-
inent against the ship and make such orders as may be
necessary for the determination of 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
propert 1 y 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 t6 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 proceeding
473. The court ma 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 coni-t, at any tirne before udgment, 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, without prejudice to the attachment
,under the writ.

47.5. The defendant may, at any timehefore any property
attached in the action has been sold in satisfaction of the
plaintiff's claim, apply to the court, upon notice of motion,
for an ordor 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 ineanwhile may stay or postpone any sale.





476. The defendant may, at any time within twelve
months from the date of judgment, notwithstanding that
the property attached, or any part thereof, inay have been
sold in satisfaction of ihe plaintifl's claim, apply to the
court, upon notice of 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 eaxlier application to the
court, and that he had, at the time of the obtaining of the
judgment, and still has, a substantial ground of defence,
either wholly or in part, to the action on the merits, it shall
be lawful for the court to grant such order on such terms as
may seem just.

477. The dissolving of any writ, or the reversal or seuin-
aside of, any judgment given under this Chapter or of any
subsequent proceedings, shall not allect the title of any
bona^ fide purchaser for valuable consideration of any property
sold in satisfaction of the plaintiff's claim.

CHAPTER XVIII.

ACTION AGAINST THE GOVERNMENT.

478. Any clairn against the Government of the same
rature as claims within the provisions of the Petitions of
Right Act, 1860, may be preferred in the court in an action
instituted by. the claimant as plaintiff against the Attorney
General as defendant.


479. In any such case it shall not be necess for the
,plaintiff to issue a writ of summons, but the action shall be
commenced by the filing of a statement of claim and tbe
service of, a sealed copy thereof on the Crown Solicitor.

480.-(1) On the application of the Crown Solicitor, the
Registrar shall deliver to him the original statement of
claim for submission to the Goverinor, whose consent shall
be necessary to the continuance ofthe action. Such consent,
may be withheld upon such grounds as would justify the
Attorney General of England in refusing bis flat.

rl or procedure in actions by the Governmentsee No. 5 of 1910.





(2) If 'the Governor, grants his consent as aforesaid such.
consent shall. be.indorsed on the statemnt of claim, which
shall then be returned, by the Crowil. Solicitor to the
Registrar.

(3) In such case th eaction may, subjectot the provisions
of this Chapter, procedd and be carrid on under the ordinary
procedure provided by this Code.

481. All. other'documents, notices, or proceedings in the
tion which, in an ordinary action, would be required to bc
served on the defendant shallbe served on the Crown
Solicitor.

482 Whenever in any such action judgmetn is giveen
against th Government, no execution shall issue thereon,
but a copy of the judremtn ,under the seal of the court,
shall be ransmitted by th court to the Governro.

CHARTER XIX
ACTION BY OR AGAINST FIRM, ETC.

483. (1) Any two or more persons claimingor being
liable as co-parthers and carrying on busingess within the
jurisdiction may sue or be sued in the name of he respective
firms, if any, of which such persons were co-partners at the
time of the accruing of ahtecause of action.

(2) Any party to an actionmayin suh case apply by
summons to ht court for a statement of hte names and
addresses of the persons whoi were, at hte time of the accru-
ing of he cause of action, co-partners in any such firm,to be
furnished in such manner, andverified upon oath or other-
wise, as the court may direct.

484,(1) Where a writ is sued out by paraners int the
name o their firm, the plaintiffs or their solictors shall, on
demand in writing by or on behalf o fht defendant, forth-
with declaare in writing the names and addresses of all the
persons constituting the firm on whose behalf the action is
brought.

(2)




(3) 'When the names of the'partliers are so declared, the
action shall proceed in the same manner, and the sainc
,consequences in all respects shall follow, as if they had been
named.as the plaintiffs in, the writ; but all the proceedings
shall nevertheless continue in the name of the firm.

485.-(1) Where persons are stied. as parttiers in the name
of. their firm, the w*rit shall be served either oil ally Que Or.
more of the partners or at the principal place within tbe'
jurisdiction of.the business of the partnershipon any person
having at the, time of service the control or inanagenient of'
the partpership business there.

(2~) Subject to the provi ' sious of this CLapter, suell servICC
shall be deemed good service on the firm so sued, whether
any of the members thereof are' out of.the jurisdiction or not,
and no leave to issu a writ against thein shall be necessary:

'Provided that, in the case of a co-partnership which has been
dissolved to the knowledge of the plaintiff, before the corn-
mencement of the action, the 'Writ shall be served on every
Terson within.the jurisdiction sought to be made liable.

486. ~'(1) Where a writ'is issued against a firm, and Is
served,.as directed by section 485, every person on whom it
is'served may beinformed by notice in writing given at the
time of such service,'whether lie is served as a partner, or as

a person having the control. or nianagellient of the partile
ship busiriess,.or in both charlacters.

.(2) InAefault of such notice, the person served shall be
cl~enied to:be served as a partner,

487. Where persons are stied as partners in the narlic of
their:firm, they shall appear individitally in then, own iianies;
,but all subsequen * t proceedings shall nevertheless continue
in'the name of 'the firm

488. Where a writ is issued against a firin and is served
on a person-having'the control or management of the part-
nership business, no appearance by him shall be necessary,
-unless he, is. a member of the finh sued.

As aniended by Laiv Rov, Ord., 1924.





489. Any person served as a partner may enter an
appearance under protest, denying that he is a partner, but
such appearance shll not preclude theplaintiff form other-
wise serving the firm, an dobtaining judgmtn against the
firm in default of appearance, if no paratner has entered an
appearance int he ordinary form.

490 (1) Where judgment is given against a firm, execu-
tion may issue-
(a) against any propery of the partnership within the
jurisdiction;
(b) against any person who has appeared in his own name
under section 487 or section 488, ot. who hasadmitted, either
on the pleadings or at the trial, that he is a partner, or who
.has been adjudged.to be a partner; and
(c) against any person who has been individually served,
as a partner, with the writ of summons, and has failed to
appear.

(2) If the party who has obtained judgment claims to be
entitled to-issue execution against any other person as being
a member of the firm, he may apply to the court for leave to
do so; and the court may give such leave if the liability is
not disputed or, if the liability is disputed, may order that
the liability of such person tried and determined in any
1.. manner -in which any issue or question in an action may be
tried and determined.
(3) Except as against any property of the partnership, a
judgment against a firm shall not render liable, Tblease, or
.other-vvise affect any member thereof who was out of the
jurisdiction w'hen. the writ was issued, and who has not
appeared to the writ, -unless the writ has been served on him
otit of the jurisdiction with the leave of' the couti.t or lie has
been served within the jurisdiction after the writ was issued.

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





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

492. The provisions of this Chapter shall apply to actions
between -a firm and one or more of its members an~ to actions
between firms having one or more members in common,
provided such firm or firms carry on business within the
jurisdiction, but no execution shall be issued in any such
action without the leave, of the court, and, on an application

for leave to issue sitch execution, all such accont and
inquiries may be directed to be taken and made, and direc-
tions given, as may seem just.

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

CHAPTER XX.

ACTION BY OR AGAINST 11-AUPEIL

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,
illay apply to Gle Court by petition for leavo to stle ol.
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 he is not possessed ofprop
erty to the amount of fifty dollars in value, his wearing
apparel and the subject-matter of the actionor proceeding
only excepted.

495(1) The court shlal thereupon assign a counsel
and solicitor to consider the petitioner's case

(2) The petitioner shall lay a case before counsel for his
opioion whether or nto he has resaonable grounds for suing
or defending.

(2) The petitioner shall lay a case 1)efore'coiins(,1 for his
opinion whether or not he has reasonable 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 ease contains a full and true
statement of all the material facts to the best of his know-
ledge 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 inay
order that the petitioner shall be admitted to sue or defend,
as the case may be, as a pauper.

497. WherJa 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 adinitted to sue ol. 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 lie entitled to and shall
receive all such fees as the Registrar may allow to tlieni oo
taxation, and smell court fees as woulel in other cases be
chargeable shall be charged and recovered.

499 A comisel or solicitor assigned. midei. thiss Chapter
shall not be at liberty to refuse his assistance unlless he
satisfies the court that he has some good reason for refusing.

500.' (1) While a person sues or defends as a pauper,
no person shall take, or agree to take, or seek to obtain from
him any fee, profit, or reward for the (,,ondiiet 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) gives, or agrees to give, any such fee, profit, or reward;
or





(2) becomes of ability during the progress of the action or
proceeding; or

(3) misbehaves himself therein by any vexations or Improp-
er conduct or proceeding; or

(4) wilfully delays the action or proceeding,
he shall be forthwith dispaupered, and shall not be afterwards
admitted again in the same action or proceeding to sue or
defend as a pauper.

502.-(1) No motion-paper or notice of motion shall be
filed or summons issued, and no petition, shall be presented,
on behalf of ally 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 person
admitted to sue or defend as a pauper to take care that no
notice is served, or summons issued, or petition presented,
without good cause.

CHAPTER XXI.

ACTION FOR RECOVERY OF IM-MOVABLE PROPERTY.,

503. in all action for the recovery of immovable property,
service of the writ of summons may, in case of vacant posses-
sion, when it cannot otherwise be effected, be made by posting
a copy of the writ tipon the door of the dwelling-house or
other conspicuous part of the property..

504. The Attorney Cleneral may lawfully institute and

prosecute in his own name an action for recovernip,' inito the
Crown any immovable property claimed by, the Crown and
whereof the Crown is not in actual possession.

505. Any person not named as a defendan~ in a writ of
summons for the recovery of immovable property may, by
leave of the court, appear and defend, on filing an affidavit
showing that he is in possession of the property elither by
himself or by his tenant.

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





507. Where a person not nained as defendant ina writ
'Of Summons for the recovery of immovable property has
leave of the court to appear and defend, he shall
appearance, according to the provisions of Chapter I,
ii the action against the party named in the writ
as defendant, and shall forthwith give notice of such appear-
ance to the plaintiffs solicitor or to the plaintiff if he sues in
person, and shll in all subsequent proceigns be named as
a party defendant ot the action.

508.-(1) Any person appearing to a writ of summons
for the recovery of immovable property shall be at liberty to
limit his defence to a part only of the property mentioned-in
the writ, describing that part with reasonable certainty in
his memorandum of appearance, or in a notice entitled in the
action and signed by himor his solicitor.
(2) Such notice shall be served eithin four days after
appearance; and an appearance where the defence is nto so
limited shall be deemed an appearance to defend for the
whole property.
509. No defendant in an action for the recovery of im-
movable property who is in possession by himself or by his
.tenant need plead his title, unless his defence depends on an
eqiiitable estate or right or he claims relief ou any equitable
ground against any right or title asserted by the plaintiff
But, except in the cases hereinbefore mentioned,' it shall be
sufficient state by way of defence that he is so in posses-
sion, 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 statement of claim. He may,
nevertheless, rely on any ground of defence which he can
prove, except as hereinbefore mentioned.

Action of ejectinent.

510. E-very tenant to whom any writ in ejectment is
Aelivered,. or to whose knowledge it comes, shall forthwith
.give notice thereof to his landlord or his agent, under penalty
of forfeiting the value of three years improved or rack rent
of the premises demised or held in the possession of such
tenant to the person of whom he holds, to be recovered by
action in any court having jurisdiction for the amount,


511-(1) In all cases between landlord and tenant, as
often as it happens that on half-year's rent is in arrear, and
the landlord orlessor to whom the same is due has right by
law to re-enter for the non-payment thereof, the landlord or
lessor may, without any formal demand or re-entry, serve a
writ in ejectment for the recovery of the demised premises;
or in case the same cannot be legally server, or no tenant is
in actual possession of the premises, then the landlord or
lessor may affix a copy thereof upon the door of any demised
messuage, which service shall stand on the place and stead
of a demand and re-entry; and if it is made to appear to the
court at the trail 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 hadn power to
re-enter, then the landlord or lessor shall recoverjudgment
and execution in the same manner as if the rent in arrear
had been legally demanded and a re-entry made.

(2) In case the lessee or his assignee, or other person
claiming or deriving under the lease, permits and suffers
judgment to be had and recovered on such trial in ejeectment.
and execution to be executed thereon, whithout paying the
rent and arrears, together with full costs, and witout
proceeding for relief on equitable grounds within six 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 and appeal against such
udgment; and the landlord or lessor shall from teneceforth
hold the demised premises discharged from such lease;
Provided the nothing herein contained shall extend to bar
the right of any mortgagee of thelease, or any pat thereof,
who is not in possession, if such mortgagee within six 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 reversion as
aforesaid, and performs all the convenants and agreements
which, on the part ahd behalf of the first lessee, are and
ought to be prformed.

512-(1) In case the lessee or his assignee, or other
person claiming any right, title, or inerest in law or equity
of, in or to the lease, within the time aforesaid, applies
to the court for relief on equitable groumds. such person




shall not be entitled to a stay of the proceedings on such
ejectment, unless, within forty 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 abovo all just allowa i ices, 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 or on good security, subject to the judgment of the
'Court.

(2) In case such application for relief on equitable gromids
made within the time aforesaid and after execution is
executed, the landlord or lessor shall be accountable only.
for so much and no niore as he may really and bona fide,
without fraud, deceit, or wilful neglect, inake of the demised
premises from the time of his entering into the actual
possession thereof; and if what is so made by the landlord
or lessor happens to be less than the rent reserved on the
Jease, then the. lessee or his assignee, before he shall be re
stored 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 ejectnient, pays or Louders to the or
lessor, his executors or administrators, or his or their solici-
tor in the cause, or pays into court, all the rent and arrears
Ogether with the costs, then all further proceedings on the
ejectment shall cease and be discontinued ; and if the lessee,
his executors, administrators, or assigns, on such application,
as aforesaid, is or are relieved on equitable grounds, he and
they shall have, hold and enjoy the demised premises accord-
ing to the lease thereof made, without any new lease.

514.-(1) Where the term orinterest of any tenant hold-
ing under alease or agreement inwriting 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 up possession accordingly, after lawful demand in b
writing made and signed by the landlord or his agent and
served personally on or left at the, dwelling-house or usual





place of abode of such tenant or person, and the landlord
thereupon proceeds by action. of ejectment for the recovery
of possession, it shall be lawful for him, at the foot of the
writ in ejectment, to address a notice to such tenant or person
requiring him to find such bail, if ordered by the court, and
for such purposes as are hereinafter next specified.

(2) On the appearance of the party or, in case of non-
appearance,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 coiunterpart 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 de-
manded in manner afoesaid, to apply to the court, by motion
or summons, for such tenant or person to show casuse, 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
surties in a reasonable sum conditioned to pay the damages
and costs which may be recovered 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 summons
in case no cause is shown, to order such tenant or person,
within a time to be fixed on a consideration of all the
circumstances, to find such bail, with such conditions and
is 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 objeying the same, then the landlord, on
filing an affidavit the the order has been made and served
and not complied with, shall be at libery to sign judgment
for revcovery 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 temant or his
attorney has been served with due notice of trial the court
shall, whether the defendant appears at the trial or not,
permit the claimant on the trial, after proof of his right to
recover possession of the whole or any part of the premises
mentioned in the writ in ejectment, to go into evidence of
the mesne profits thereof which have or might have accrued
form the day of the expiration of determination of the




tenant's interest in the same down to the time of the judg-
ment given in the cause or to some, preceding day to be
specially inentioned therein; and the court or jury on the
trial finding for the claimant shall in such case give its
judgment or their verdict upon the whole matter, both as to
the recovery of the whole or any part of the premises and
also as to the, amomit of damages to be paid for such mesne
profits; and in such case the landlord shall have
within the tine hereinbefore provided, not only for the
recovery of possession and costs, but also for the mesne
profits 'found by the court or jury: Provided that nothing
hereinbefore contained shall be construed to bar any stich
landlord from bringing any action for the mesne profits
which may accrue from the judgment or verdict, or the day
so specified therein, down to the day of the delivery (if
possession of the premises recovered in the ejectment.

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

CHAPTER XXII.
MANDAMUS.
Action of mandamus.

517. The plaintiff in any action may indorse on the writ
of summons a notice that the plaintiff intends to claim a
writ of mandainus, and the plaintiff may tereupon claim in
the statement of claim, either togehter with any other
demand which may be enforced in such action or separately,
a writ of inandamus commanding 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 rnay be, as in ,in ordinary action
for 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
peremptory writ of mandamus to the defendant, commanding
him forthwith, or within such time 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 performance of the duty.

521. The writ of mandamus need not contain any recitals,
but shall simply command the performance 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 compliance, shall be allow-
ed, but time to return it may, on sufficient grounds, be
allowed by the court, either on or without terms, as to the
court rnay seem just.

Prerogative writ of mandamus. -
522. Nothing in this Chaptel. shall affect the jurisdiction
of the court to grant prerogative writs of mandamus; 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 inandavius under this Chapter.

523. On applicatlion by motion for a prerogative writ of
mandamus, the rule may in 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 forth-
with, 'but time to return 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 preprogative writ of mandamus issued by the court.




CHAPTE R XXIII,

INTERPLEADER.

525. Relief by way of interpleader may be granted-

(1) where the person seeking relief (in this Chapter called
icant) is under liability for any debt or movable
for or in respect of which lie is, or expects to be,
two or ifiore parties (in this Chapter called tlie.
claiinants) making adverse claims thereto ; and

(2) where the applicant is the bailiff and claim is made
Ao any movable property taken or intended to be taken in
execution under any process, or to the proceeds or value
of any such i novable property, by any person other than the
person against whom the process issued.

526. The applicant must satisfy the court, by affidavit or
otherwise,-

(1) that the applicant claims no interest in the subject-
.matter 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 posses-
sion in consequence of the execution creditor admitting the
claim of the claimant, is willing 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 thehave, tiot a
common origin, but are adverse to and independent of one
another.

1528. Where the applicant is a defendant, application for
relief may be inade at any time after service of the writ of
summons.

529. The applicant may take out a surnmons calling on
the claimants to appear and state the nabire and partionlars
of their claims, and either to maintain or relinquish them.





530. If the application is made 'by the defendant ill an
action, the court ma stay all further proceedings 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 consent of both claimants
or on the request of any claimant, if, having regard to the
value of the subject-matter in dispute, it seems desirable to
do so, dispose of the merits of their claims and decide the
same in a summary manner and on such teriris as may be
just.

538. Where the qtiestion raised by the claims is a ques-
tion 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'emirt.

5?4. If a claimant, having been duly served with a
summons calling on him to appear and maintain or relinquish
his claim, does not appear in purstiance of the Sullinions Or,
having appeared, refuses or neglects to comply with any
order made after his appearance, the court may imake an
order declaring him and all persons claiming under him for
ever barred against the applicant and persons claiming
Under him, but the order shall not affect the rights of the
claimants as between themselves.

535. ECxcept where any enactment otherwise provides, 1 the
judgment 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 summary may, under section 532, shall be final
and conclusive against the claimants, and all persons claim-
ing under them, except by special leave of the court or of the
Full Court.






536. Chapters V and X.11 shall, with the liecessary
modifications, apply to an interpleader issue; and the coinA,
may finally. dispose of the whole matter of the interpleader
,Troceedings, including all costs not otherwise provided for.

537. The court may, in or for the purposes of any inter-
pleader proceedings, make all such orders as to costs and all
other matters as may be just and reasonable.

CHAPTER XXTY.

REFERENCE TO ARBITRATION.

538. In this Chapter, submission means a written
agreement to submit present or future differences to arbitra-
tion, whether an arbitrator is named therein or not.

Reference by consent out of court.

539. A submission, unless a contrary intention is ex-
pressed therein, 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 express-
ed therein, shall be deemed to include the provisions herein-
after set forth, so far as they are applicable to the reference
under the submission; 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, ffic
inay appoint an umpire at any time within the period during
-which,they have power to make an award;

(3) the arbitrators shall make their award in writing
within three. months after entering on the reference, or after
having been called on to act by notice in writing from and
party to the submission, or on or before any later day to
which the arbitrators, by any writing signed by them, inay
from time to time enlarge the time for making the award;
(4) if the arbitrators have allowed their tinle ol,
tirne to expire without making an award, or have delivered

As amended by Law Rev.. Ord., 1924.





to ally party to the submission or to the umpire a notice in
writing stating that they cannot agree, the umpire may
forthwith enter on the reference in lieu of the arbitrators ;

(5) the umpire shall make his award within three mouths
after the original or extended time appointed for Inaking 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 enlarge the time for making the
award;

(6) the parties to the reference, and all persons claiming
through or under thein respectively, shall, subject to any
legal objection, submit to be examined by the arbitrators ir
umpire, upon oath, in relation to the matters in dispute, and
shall, subject as aforesaid, produce before the arbitrators or
Umpire all books, deeds, papers, accotints, 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 arbitrators or
umpire may require;

(7) the witnesses on the reference shall, if the
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 person,,
claiming through or under then). respectively ; and

(9) the costs of the reference and award shall be in the
discretion of the arbitrators or umpire, who may 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 time after appearance and before
filing any pleading or taking any other step in the proceedings,
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 commenced, and still remains, ready and willing to do
all things necesary 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 it
was intended 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

(J) where an appointed u mpire or third arbitrator refuses
to act, or is incapable of acting, or dies, and the submission
does not show that it was intended that the vacancy should
not be stipplied, and the parties or arbitratons. 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 appointinent is not made within seven clear days
after the service of the notice, the court may, 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 submission expresses a contrary intention,--

.. (1) if either, of the appointed arbitrators refuses to act, or
is incapable 6f acting, or dies, the party who appointed him
may appoint a new arbitrator in his place; and

(2). if, either a reference, one party fails to appoint all
arbitrator . either originally or by way of substitution as
aforesaid, for seven clear days after the other party, having
appointed his abitrator, has served the party making default





with notice to make the appointment, the party who has
appointed an arbitrator may appoint that arbitrator to act
as sole arbitrator in the reference, and his award shall be
binding on both parties as if he had been appointed by
consent:

Provided that the court may set aside any appointmen t
made in pursuance of this section.

544.-(1) The arbitrators or umpire acting under a sub-
mission shall, unless the submission expresses a contrary
intention, have power-

(a) to administer oaths to the parties and witnesses appear-
ing; and ,
(b) to state an award as.to the whole or part thereof in the
form of aspecial case for the opinion of the court; and

( c) to correct in an award any clerical mistake or error
arising from.any accidental slip or omission.

(2) The arbirators or umpire actine. under a submission
shall also havesuch 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 con-
venient, and have any inspection or view which they inay
deem expedient for the better disposal of the controversy
before them ;
(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
same manner, as nearly as circumstances will admit, as trials
are conducted before the court;

(c) they shall have the same authority with respect to dis-
covery 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 committal or
otherwise.

(4) W hen they make an award, they shall immediately
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
,subpcena ad testificandum or a writ of sitbpcena 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.

54T 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.

5 47.-(1) In all cases of reference to arbitration, the
court may from time to time remit the matters referred, or
any of them, to the re-consideration 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 three months after the date of the order.

548.-(1) Where an arbitrator or umpire has misconduct-
ed himself. the court may remove him.

(2) Where an arbitrator or umpire has miscom Aed him-
self, or an arbitration or award has been improperly procured,
the court. may set aside the award.

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._(1) An award may, by leave of . the court, be
enforced in the same manner as a judgment or order of the
'court to the same effect.

(2) An award may, by leave of the court and on such terms
asmay be just, be enforced at any time, though the time for
applying to, set it aside has not elapsed.

Reference uvdei. order of court.

(1) Subject to the provisions of this Code and to
to have particular cases tri ed by a jury, the court
ally question arising in any cause or matter (other
criminal proceeding by the Crown) for inquiry and
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 pro-
ceeding by the Crown),-.

(a) if all the parties interested who are'not under disability
consent; or

(b) if the cause or matter requires any prolonged examina-
tion of documents or any scientific or local investigation
which cannot, in the opinion of the court, conveniently be
made before a jury or conducted by the court through its
other ordinary officers ; or
(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 orbefore 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 an orde r of the
court in any cause or matter, the special referee 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 herein-
after mentioned

(1) he-may., subject to the order of the court, hold the
trial at or adjourn it to any place which he may deem most
convenient, and have any inspection or view which he may
deem expedient for the better disposal of the controversy
before hini: If he is appointed by an order of the court, he
shall., unless otherwise directed by the court, proceed with
the trial de die in diein, in a similar manner as in an action
tried with a jury;

(2) subject to any order to be made by the court, evidence
shall be taken at the trial, and the attendance of. witnesses
may be enforced by subpoena, and the trial shall be conducted
in the same manner, as nearly as circumstances will admit,
as trials are conducted before the court;





(3) subject to any such order as last aforesaid, he shall
ave, the same authority with respect to discovery and
prod,uction.of documents and in the conduct of the trial or
reference, and the same power to direct that judgment 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 a rising therein for the decision of the
court, or state any facts specially,' with power to the court
to draw inferences therefrom, and in any such case the
order to be made on such submission or statement shall be
entered. as the court may direct ; and the court shall have
power to require any explanation or reasons from him and
to remit the cause or matter, or any part thereof, for re-trial
or further consideration. to him or to any other special
referee, arbitrator, or officer of the court; or the court may
decide the question referred to him on the evidence taken
before him, either with or without additional evidence as
the court May direct;
. (6) when he makes. a report or award, he shall im-
mediately, 'thereafter cause notice thereof to be given in
Writing' toall the parties to the trial or reference before
him

(7),where a report or award has been made in a cause. or
matter, the further consideration of which has been ad-
journed, its shall be lawful. for any party, on the hearing
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 four days'
notice of motion, to come on with the further consideration,
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 special 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 eight days
notice of motion, to apply to the court to adopt and carry
into effect 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) he 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 judg-
ment. If he does not set down such a motion and give
notice thereof to the other parties within ten days after the
trial, any defendant may set down a motion for judgment,
and give notice thereof to the other parties.

555. Where at the trial a special 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 tiny special referee, arbitrator,
or officer of the court on any such reference shall, unless set
aside by the court, be equivalent to' the verdict of a jury.

557 The remuneration to be paid to any special referee,
arbitrator, or officer of the court to whom any matter is
referred under an order of the conrt shall be determined by
the court.

558. The court shall, as 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.
559.-(1) The court may order that a writ of subpoena ad
testificandum or of subpoena duces tecum shall issue to coinpel
the attendance before a special referee, or before any arbitra-
tor, 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 'before a special referee or before any arbitrator,
umpire, or officer of the court.





560. Ally special referee, arbitrator, or umpire or officer
Of the court may, at any stage 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 qnestion
of law arising in the course of the reference.
561. Any order made under this Chapter may be made
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 umpire or
officer of the court shall be quilty 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
expressly mentioned, 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 question or issue in any such
proceedings, to be tried before any special referee, arbitrator,
ot officer without the consent of His Majesty, or shall affect
the law as to costs payable by the Crown.
~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
procedute authorised or recognised by that Ordinance.
[s. 565, rep. No. 36 of 1911.]

PART III.
PROVISIONAL REMEDIES.
CHAPTER XXV.
AIRREST AND ATTACHMENT BEFORE JUDGMENT.
Arrest of absconding defendant.
If in any action, not being an action for the recovery
of immovable property, the defendant is about to leave the
jurisdiction of the court, or has disposed of or removed from
the jurisdiction of the court his property or any part thereof,
ift may, either at the institution of the action or at
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 is it
may consider necessary, is of the opinion that there is
probable cause for believing that the defendant is about to
leave the jurisdiction or that lie has disposed of or removed
from the jurisdiction his property or any part thereof, and
that in either case, by reason thereof, the execution 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 Min to bring
the defendant Lefore the court that he l-nay show cause why
he should not give security for his appearance to answer
any judgment that may be given against him 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 fails 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 execution of any judgment that may be given
against him in the action.
(3) The surety or sureties giving such bail shall under-
take, 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 lieu of giving bail, to deposit
in court a sum of money or other valuable property sufficient
to answer any sum of money that may be adjudged against
him in the action, with costs, the court may aecept 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 not comply with the, order of the
court, he. may be committed to prison until the decision-of
the action, or, if judgment is given against him, until' the
execution of the. judgment, or until the further order of the
court.

As amended by Laiv llev. Ord., 1924.





C.
When a defendant is committed,to prison under sub-
section (2), the court shall fix whatever monthly allowance it
marthink sufficient for his subsistence, not exceeding twenty
five cents per diem, which shall be paid by the plaintiff to
the Superintendent of Prisons. by monthly 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 time on the plaintiff omitting to pay
his subsistence money.

570-(1) A defendant who has given bail for his ap-
pearance, or who has been committed to prison for default
in goving such bail, may at any time apply to the court for
the discharge of his bail or for his release from prison, as the
case may be, on the gournd that the plaintiff has not used
due diligence in the prosecution of the action, and, on the
hearing of the applicaion, the court may make such order
as may seem just.

(2) The surety or sureties for the appearance of the
defendant or either or any of them may at any time apply to
a judge to b discharged from his or their obligation.

On the appearance of the defendant pursuant to the sum-
mons or warnnt, or on his voluntary surrender, the court
shall direct the surety or sureties making application under
this section to be discharged from his or their obligation,
and shall call upon the defendant to find secutity, whereupon
the provisions of section 569 (2) shall again apply,

517-(1) If it appears to the court that the arrest of the
defendant was applied for oninsufficient grounds, or if the
action is dismissed or judgment is given agaist the plaintiff
by default or otherwise, and it appears to the court that there
was no probable ground for instistuting the action, the court
may, on the application of the defendant, amde either before
or at the time of the pronuncing of thejudgment, award
against the plaintiff such amount, not exceeding one thousand.







dollars, as it may deem 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 6 larger sum by-way of compensation under this section
than 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 attachment 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 ' him in the action, is about to dispose of his
property or any part thereof, or to remove any such property
from the jurisdiction of the court, the plaintiff may, either at
the institution of the action or at any time. thereafter until
final 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, his 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
salne.
(3) There shall be filed with the application an affidaVit
to the effect that the defendant is about to dispose of or
remove his property or soine part thereof, with such intent
as aforesaid.

578.-(1) If the court, after making such investigation as
it may consider necessary,, is of opinion that there is 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 shall be lawful for the court to issue a warrant
to the bailiff commanding 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 same, or such portion
there as may be sufficient to answer ally judgment that
may be given against him in the action, or to appear before
the court and show cause why he should not furnish such
security.

(2) The court may also in the---warrant direct the attach-
ment until further order of the whole. or any portion of the
property of the defendant within the Colony.

(3) The atta chment shall be made, according to the nature
of the property to be atached, in the manner prescibed 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 time fixed by the court, and
the property specified in the application, or any portion there-
of, has been attached, the court shall order the attachment
tP b e withdrawn.

(2) If the defendant fails to show such cause or to furnish
the required security within the time fixed by the court, the
court may direct that the property specified in'the application,
if not already attached, or such portion thereof as may be
suflicient to answer any judgment that may be given against
the. defendant in the action, shall be attached until the further
order of th court.

(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.

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
prescribed in Chapter XVI for the investigation of claims to
property attached in execution of aJudgment.

576. In any case of attachment hefore judgment, the
court shall at any time remove the same on the defendant
furnishing 1 the required security, together with security for
the costs of the attachment.





: 01--77.-(1) If it appears to the court that the attachment
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 tliat there
was no probable ground for instituting the action, the court
may, on 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 exceeding one thousand
dollars, as it may deem a reasonable compensation to the
defendant for any injury or loss which he may have sustained
by reason of the attachment: 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
actibn for damages.

(2) An award of compensation under this section shall bar
any action for damages in respect of the attachment.

Arrest and detention of ship.
578. Where the extreme urgency or other peculiar eir-
cumstances 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 oMer the
arrest and detention by the bailiff of any ship about to leave
the Colony (other than a ship enjoying immunity from civil
process), 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 plaintiff 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
under section 578, 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 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 the action, the court
may, either before or at the time of the pronouncing of the
judgment,. award against the plaintiff such amount, not

As ametided by Laiv Rev. Ord., 1924.





exceeding one thousand dollars, as it may deem 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,damages.

(2) An award of compensation under this section shall
bar any action for damages in respect of the arrest and
detention of the ship.

CHAPTER XXVI

TEMPORARY INTJUNCTIONT.

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 froin 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 en-
forced by the committal to prison of the person disobeying it.

2.-(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 claim
dor damages or not, it shall be lawful for 'the plaintiff, at any
after the commencement of the action and whether 10
bifore or after judgment, to apply to the court for an
injunction to, restrain the defendant from the repetition or
continuance of the breach of contract or injury complained
of, or the commission of , any breach of contract or injury
a like kind arising out of the same contract or relating
same property or right.

(2) The injunction may be granted by the court on such
terms as to the duration of the injunction, keeping an
account, giving security, or otherwise, as may seem just.

(3) In case of disobedience, the injunction may be en-
forced by the committal to prison of the person disobeying it.





583. The court shall in all cases under this Chapter,
except where it appears that the object of granting an
injunction would be defeated by the delay, before granting
an 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 oil the company or
corporation itself but also on all members and officers of the
company or corporation whose personal action it seeks to
restrain.

585. Any order for an, injunction made under this
Chapter may, on application -made for, that purpose by any
party affected by the order, be discharged or varied, or set
aside by the court, on such term's as may seem just.

596 -(1) If it appars to the court that the injunction
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 the action, the court
may, on: the application of the defendant, made either before
or at the time of the pronouncing ofthe judgment, award
against the plaintiff such amount, not exceeding one thousand
dollars, as it may deein a reasonable compensation to the
defendant for any injury or loss which he may have sustain-
ed by the issue of the injunction: 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 damages.

(2) An award of compensation under 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 manage-
ment of any property, the subject of an action or other
,proceeding or tinder attachment, the court may appoint a
receiver of suckproperty, and, if necessary, order all or any
of the following things





(1). the removal of the person in whose possession or
custody the property may be from the possession or custody
thereof;

the commitment of such property to the custody or
management of such receiver; and

(3) the granting to such receiver of all such powers as to
bringing and defending actions and other proceedings, 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 execution 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 determining whether it, 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
amount which may probably 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 before. 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 allowance
by way of fees or commissions or otherwise, as the court may
think fit.

590. Where any judgment or order is pronounced or
made in court appointin a -Person therein named to be
receiver, the court may adjourn to chambers the cause or i
matter then pending, in orddr that the person named as
receiver may give security as mentioned in section 589, and
may thereupon direct such judgment or order to be drawn
up.

As amended by Law Rev. Ord., 1924.





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 appearing 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 aforesaid, the court may from
time to time, when his subsequent accounts are produced to
be examined and passed, disallow 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 te paid
by him during the time the same may appeal. to have
remained in his hands.
592.7-_(1) Every such receiver shall leave with,the Regis-
trar his account, 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 otherwise the receiver or the parties, or any of
them, 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 appoint-
rnent of another and payment of costs.

PART IV.
APPEALS.
CHAPTER. XXVIII.
APPEAL TO THE FULL COURT.
594. The right of appeal from decisions of the judges is
regulated by section 23 of the Sutreme Court Ordinance, 1873.

* The rate of interest fixed is 8To per annum,





595 Every motion for a new trial, or to set aside a AI
verdict, finding, or judgment, in any cause or matter in
which there has been a trial thereof ur any issue therein
with a jury shall be 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 without a
stay.of proceedings.

S
597,-(1) Any application for a new trial shall be made
on notice of motion filed not later than fourteen days after
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 paft only of the judgment or verdict is
complained 'Of.
(3) The notice shall not of itself operate as a stay of pro-
ceedings ; 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 fourteen days, an applica-
tion for such new trial shall not be admitted, except by
special leaveof the Full Court, on such, terms as may seem
just.

598.-(1) A new trial may be granted on the ground of
the discovery of new matter or evidence which was not within
the knowledge of the applicant, or could'not have been
adduced by him, at the trial.

(2) A nem, trial shall not be granted on the ground of
misdirebtion or of the improper admission or rejection of
evidence, or because the verdict of the jury was not taken
~upon.a question which the court at the trial was not asked
to leave to th~em, unless in the opinion of the Full Court
some substantial wrong or miscarriage has been thereby
occasion ' ed in the trial; and if it appears to the Full Court
that such wrong or miscarriage affects part only of the
matter in controversy, or some or one only of the parties,

*As amended by Law Rev. Ord., 1924.





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 stamp upon any document is
sufficient or that the document does not require a stamp.

599. A new trial may be ordered on any question, what-
ever may be the grounds for the new trial, without interfer-
ing with the finding or decision on any other question.

600. On any motion for a new trial, the Full Court shall
have. power to order a nonsuit or verdict to be entered,
although no leave has been reserved at the trial.

601. In every orderfor a new trial or to enter a nonsuit
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.-(1) On an order for a new trial, either party may,
if he is entitled thereto under the provisions of Chapter X1,
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, that the trial shall be with a jury.

604.'. When an application for a new trial is granted, a
note thereof shall be made in the Cause-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 court, 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 six months.

(2) The period of six mouths shall be calculated from the
time whewthe decision was pronounced.

(3) Such deposit or other security for the costs to be
occasioned by an appeal shall be made' or given as may be
directed in 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 appeal from,
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.

6.08.-(1) The notice of :motion shall be served on all
parties directly affected by the appeal, and it shall not be
necessary to serve parties not so affected; 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 party, and in the meantime 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 made if the persons servedwith 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 fourteen days
notice.

610.-(1) The Full Court shall have all the powers and
duties as to amendment and in all other respects of the
court, 1 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 Registrar or a commissioner.





(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
from which the appeal is brought.
(3) On any appeal from a judgment after the trial or
hearing of any cause or matter on the merits, such further
evidence (save as to matters subsequent as aforesaid) shall
be admitted on special grounds only, and not 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.
1 (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 such powers may also be exercised in favour of all or
any of the respondents or parties, although such respondents
or parties may not have appealed from or complained of the
decision.

611. If, on the hearing of an appeal, it appears to the
Fuli Court that a new trial ought to be had, it shall be
lawful for the Full Court, if it thinks fit, to order that the
verdict and judgment, or the judgment, as the case may be,
shall be set aside, and that a new trial shall be had.

612. The Full Court shall have power to make ' such order
as to the whole or any part of the costs of the appeal as may
be just.

613.-(1) It shall not in any circumstances be necessary
for a respondent. to give notice of motion by way of cross
appeal, but if a respondent intends, on the hearing of the
appeal ' to contend that the decision of the court should be
varied, he shall, within the time specified in section 614 or.
such time as may be prescribed by special order, give notic
of such intention to any parties who may be affected by such
contention.
(2) The omission to give such notice shall not diminish
the powers of the Full Court, but may, in the discretion of
the Full Court, be ground for an adjournment of the appeal
or for a special ord.er as to costs.

* As amended b~ Law Rev. Ord., 1924,





6 14. Subject to any special order which may be made by
the Full Court, notice by a respondent under section 613
.shall be an eight days notice.

615. They party appealing from a judgment or order shall
leave with the Registrar a copy of the notice of motion to be
filed, and the Registrar shall thereupon set down the appeal
by entering the 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 follws:-

(1) as to any evidence taken by affidavit, by the produc-
tion of the affidavits; and

(2) as to any evidence given orally, by the production of
the judge's notes, or such other materials as the Full Court
may deem expedient.

617. Not less than five days before the day fixed for the
hearing' of the appeal the appellant shall deliver to each of
the judges a complete transcript of the. proceedings in the
ease.

618. If,on the hearing of an appeal, any question - arises
as to the ruling or direction of the judge to a jury or ques-
tions. put to assessors, the Full Court shall have regard to
verified notes or other evidence and to such other materials
as the Full Court may 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 may -be
just.

As amended by Law Rev. Ord., 1924,





620. An appeal shall not operate as a stay of execution
or of proceedings 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 execution has been delayed by the appeal shall be
allowed, unless the Full Court otherwise orders, and the
Registrarmay compute such interest without any order for
that purpose.
[s. 6:~3, rep. No. 36 of 1911.]

PART V.

MISCELLANEOUS.
CHAPITIZ XXIX.
BUSINESS IN CHAMBEWS.
General.
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 cotinsel'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 is the course of proceeding in court
upon motions.

(2) Copies, abstracts, or extracts of or froni accounts,
deeds, or other documents and pedigrees and concise state-
nients shall, if directed, be supplied for the use of the court
and, where so directed, copies shall be delivered to the other
parties.

(3) No copies shall be made of any deed or other doctiment
where the original can be brought in unless the court other-
wise directs.

The rate of interest fixed is 8'~',, perannum.





626. At the time when any summons is obtained, an entry
thereof shall be made in the Summons Book, stating the
date on which the suiminons is issued, the name of the catise
or matter, and by what party, and shortly for what purpose
such sunirnons'is obtained, and at what time such. summons
is returnable.

Administrations and trusts.

627. The executors on administrators of a deceased per-
son or any of them, and the trustees utider any deed ol.
instrument on 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 instru-
ment, or as claiming fly assignment, or otherwise under any
such creditor on other person as aforesaid, may take out, as
of course, an originating summons returnable in chainbers
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 follow-
ing questions ol. matters :-

(I) any question affecting the rights or interests of the
.person claimin(y lo be creditor, devisee, legatee, next of kin,
heir-at-law, 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 direclion to the executors or administrators or
trustees to do or abstain from doing any particular act in
their character as such executors oz. administrators or
trustees ;
(6) the approval of any sale, purchase,. compromise, or
other transaction ; and

(7) any question arising in the administration of the estate
.or trust..
d




628. Any of the persons mentioned insection 627 may in
like manner apply for and obtain an order for the admini-
stration of-

(a) the personal estate of the deceased person

(b) the real estate of the deceased person; anct

(c) the trust. -

629. The persons to be served with the summons under
- 627 and 628 shall, in the. first instance, be the
sections
following:-

(1) where the summons is taken out by an executor
or administrator or trustee-

(a) for the determination of any question under section
627 (1), (5), (6) or (7), the persons, or one of the persons,
whose rights ol. interests are sought to be allected;

(b),for the determination of any question under section
Q27 (2), any member or alleged member of the class;

(c) for the determination of any question -under section
627 (3), any person interested in taking such accounts

(d) for the determination of any question under section
627 (4), any person interested in such money

(e) for relief under section 628 (a), the residuary legatees,
or next of kin, or some of them;

(f) for relief under section 628 (b), the residuary devisees,
or heirs, or some of them

(g) for relief under section 628 (c), the cestuls que, trast, or
some of them;

(h) if there are more than one executor or administrator
or trustee, and they do not all concur in taking out the sum-
mons, those who do not concur; and

1 (2) where the summons is taken out by any person other
than the executors or administrators or trustees, the said
executors or administrators or trustees.

As amended 1)y Lasy Rev. Ord- 1924.





630. The court may direct such other persons to be
'erved with the summons as it may think fit.

631. 'Che application shall be supported by such evidence
s'the court may require, and such directions may be given
s the court may think proper for the trial of any questions
rising thereout.

682. It shall be lawful for the court upon such summons
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 make a judgment or order, whether on sammolis ol.
otherwise, for the administration of the estate of any deceas-
-ed person or of, any trust, if the questions between the
parties can be properly determined without such judgment
or order.

685. 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 application shall stand over for a
certain time, and that the executors or administrators or
trustees shall render to the applicant a proper statement of
their accounts, with an intimation that, if that is not done,
they may be made to pay the costs of the proceedings; or,
(2) when necessary, to prevent proceedings by other
creditors or 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
interfere with or control any power ol, discretion vested in
any executor ol. 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 Trustees
Ordinance, 1901, may be made by summons:-
(1) for the appointment of a new trustee, with or without,
a vesting or other consequential order;
(2) for a vesting or other order consequential on the
appointment of a new trustee.; and
(3) for vesting or other conseqUential order in any case
where it judgment or order has been given or made for the
Sale, conveyance, 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 rernoval 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 three hundred dollars, is deemed desirable,
it shall be lawful for any person mentioned in section 639
to make application by summons (without ally 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 matter of
such application, as might 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 in 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
information, 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 section 638 may be inade by
the Attorney General, or by all or any one or more of the
trustees or persons administering or claiming to administer,
or interested in, the charity which is the subject of the
application, or by two or more inhabitants of any city, town,
village, or place within which the charity is administered or
applicable.
As amended by Law Rev. Ord., 1924.





,' 640. It shall be lawful for the Attorney General, acting
'CX officio, to make application by petition to the court with
,respect to any charity under the provisions of the Act of
Parliament 52 George 3, chapter 101.

Sale, foreclosure, and redeviption.
641.-(.1) Any person entitled to redeem rnortgaged
'propei,ty inay have' a judgment or order for sale instead of
'for redemption in an action or other proceeding brought by
him either for redemption alore, or for sale alone, or for
redemption or sale in the alternative.
(2) In any action or other proceeding, whether for fore-
'Closure, or for redemption, or for sale, or for the raisiug and
payment in any manner of mortgage money, the court, on
the request of the mortgagee or of any person interested
either in the mortgage money or in the Tight of redemption,
and notwithstanding the dissent of 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 payment of
any mortgage money, may direct a sale of the inortgaged
property, on such terms as it thinks just, including 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) Bitt, in any action or other proceeding brought by a
person interested in the right of redemption and seeking
a sale, thebourt may, on the application of arly defendatit,
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 directions as it thinks fit
respecting the costs of the defendants or any of thein.
(4) In any sale tinder 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 immovable
property, it appears necessary or expedient that the property
or any part thereof should be sold, the court may order the
sal-ne 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 posses-
sion or receipt to the purchaser or sitch other person as may
'be directed by the order.





643. Where an action of ejectment is brought by any
mortgagee, his heirs, executors, administrators, ol- assigns,
for the recovery of the possession of any mortgaged immov-
able property, and no action is then depending in the court
for or touching the foreclosing or redeeming of the mortIgaged
property, if the, person having right to redeera the
mortgaged property, and who appears and becomes defend-
ant in the action, at ally time pending' the action, pays to
the mortgagee, or in case of his refusel pays into court, all
the principal money and interest clue oil the mort-age, and
also all such costs as have been expended in ally action upon
the mortgage, (Such money for principal, interest, and costs
to be ascertained and coinputed by the Registrar), the money
so paid to the rnortlo.agee Or iDtO 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 accordingly, and shall, by order,
compel the niortgagee, it the costs and charges of the
mortgagor, to assign, surrender, or re-convey the mort-aued

property and such estate and interest as the mortgagee has
therein, and deliver up all deeds, evidences, and writings
inhis 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 norninate or appoirif.

644. Nothing in section 643 shall extend to any case
where the person against whoill the redemption is prayed,
by writing under his hand ol. the hand of his agent or
solicitor, to be delivered, before the money is paid into court,
to the solicitor for the other side, insists either that the party
praying a redemption has not a right to redeem or that th e
premises are chargeable with other or different principal
sunis than what appear on the face of the inortgage ol. are
admitted on the other side; or to any case where the right
of redemption to the mortgaged property in question in ally
action is controverted or questionedby or between different
defendants in thesame action; or shallbe any prejudice to
any subsequent mortgage or incumbrance
645. Any mortgagee or mortgagor, whether legal or
equitable, or any person entitled to or having property
subject to a legal or equitable charge, or any person having

As amended by Law Rev, Ord., 1924,





the right to foreclose or redeem any mortgage, whether legal
orequitable, may take out as of course an originating 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, sale,
foreclosure, delivery of possession by the mortgagor, redenip-
tion, re-conveyance, or delivery of possession by the mort-
gagee.

646. The persons to be served with the summons under
section 645 shall be such persons as would be the proper
defendants to an action for the like relief as that specified by
the summons.

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, merchant, engineer, actuary, or other scientific
person, the better to enable any matter at once to be deter-
mined, and he may act upon the certificate of any such
person.

(2) The allowances in respect of fees.to such person shall
be regulated by the Registrar, subject 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 guar-
dian of an infant and for an allowance for the maintenance
of an infant, the evidence shall show-

(a) the age 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
under any judgment or order, the judge may, if he thinks fit,
require a guardian ad litem to be appointed for any infant or
person of unsound mind, not so found by inquisition, who
has been served with notice of such judgment or order.

As amended by Law Rev. Ord., 1924.





Attendances.

650.-(1) Where, at, any time during the prosecution bf
a judgment or order, it appears to the court, with respect to
the whole or any portion of the proceedings, that the interests
of the parties can be classified, the court may, require the
parties constituting each or any class to be represented by
the same solicitor, and may direct what parties inay 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 nominated to act for him,
and insists upon being represented by a different solicitor,
such party shall personally 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 occasioned to any of the parties by
his 'being represented by a different solicitor from the solicitor
so tiominated.

651. Whenever in any proceeding in chambers the same
solicitor is employed for two or more parties, the court may,
in its discretion, require that any of the said parties shall be
represented before it by a separate solicitor, and adjourn
such proceedings until such party is so represented.

652. Any of the parties other than those who have been
directed to attend inay attend at their own and on
paying the costs, if any, occasioned by such attendance, or,
if they think fit, they may apply by summons for liberty to
attend at the expense of the estate or to have the conduct of
the action, either in addition to or in substitution for any of
the parties who have been directed to attend.

653. An order shall be drawn up, on a summons to be
taken out by the plaintiff or the party having the conduct of
the action, stating the parties who have been directed to
attend and such of them if any, as have elected to attend at
their own. expense, and. such order shall be recited in the
Registrar's certificate.





Advertisements fdr claimants and creditors.

C54. Where a judgment or order is given or made, whether
in court or in chambers, directing an account of debts,
claims, or liabilities, or an inquiry for heirs, next of kin, or
other unascertained persons, unless otherwise ordered, all
persons who do not come in'and prove their claims within
the time which may be fixed for that purpose by advertise-
inent shall be excluded from the benefit of the judgment or
order.

655. Where an advertisement is required for the purpose
of any proceeding in chambers, a peremptory advertisement,
and only one, shall be issued, unless for any special reason
it may he thought necessary to issue a second advertisement
or further advertisements, and any advertisement shall be
repeated as many times and in such papers as may be
directed.

656. The advertisement for claimants shall be prepared by
the party prosecuting the judgment or order and submitted
to the Registrar 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 stich advertisement shall be published
in the Gazet.te.

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, to be nanied 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 time
shall be fixed for adjudicating on the claims.

659. No creditor need make aty affiddvit or attend in
-support of his claim (except to produce his-security), unless
he is served with a. notice requiring him to do so as herein-
afterprovided, '






660. Every creditor shall produce the security, if any,
held by him before the court at such time as may be specified,

in the advertisement for that purpose, being the time appointed.
for adjudicating on the claims, and every creditor shall, if
required, by notice in writing 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 docu-
ments necessary to substantiate his claim before the court at
such time as may be specified in such notice.

661. In case any creditor reiuses or neglects to comply
with the requirements of section 660, 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 may direct, shall exantine
the clairns of creditors sent in ptirsiiant to the advertiseinent,
.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 seven days prior to the time appointed for
adjudication, file an affidavit, to 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 cotirt may direct,
verifying a list of the claims, particulars of which have been
sent in pursuant to the advertisement, and statillg 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 section 662 shall be postponed
till after the day appointed for adjudication, and shall then
be subject to such directions as the court may give.

664. Where, on the day appointed for adjtidicatioii, any
of the claims remain undisposed of, an adjournment day for'
hearing such claims shall be fixed, and where further evidence
is to be adduced, -a time may be named within which the
evidence on both sides is to be closed, and directions may be
given as to the mode in which such evidence is to be adduced.

As amended by Law Rev. Ord., 1924,





665. At the time appointed for adjudication, or at any
adjournment thereof, the court may, in its discretion, allow
any of the claims, or any part thereof respectively, without
proof by the creditors, and 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 rnay require any creditor to attend and
prove his claim or any part thereof; and the adjudication on
such claims as are- not then allowed shall be adjourned to a
time to be then fixed.

666.-(1) Notice shall be given by the executor or ad-
ministrator, or such other party as the court may direct, to
every creditor whose claim, or any part thereof, ha's teen
allowed without proof by the creditor, of such allowance, and
to every such creditor as the court may direct to attend and
prove his claim or such part thereof as is not allowed by a
time to be named in such notice, not being less than seven
days after such notice, and to attend at a time to be therein
named, being the time to which the, adjudication tbereon has
been adjourned.

(2) In case any creditor does not comply with such notice,
his claim, or such part thereof as aforesaid, shall be dis-
allowed.

667. After the time fixed by the advertisement no claims
shall be received (except asIereinbefore provided in case of
. an adjournment), unless the court thinks fit to give. special
Jeave, on application made by summons, and then on such
.terms and conditions 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 sum to be
allowed for such costs shall be fixed by the court, unless it
thinks fit to direct the taxation thereof; and the amount of
such costs, or the sum allowed in respectthereof, shall be
added to hte debt so established.


669. A list of all claims allowed shall, when required by
the court, be made out and left in the Registry by the person
who examines the claims.





670. Eveu notice by this Chapter required to be given
to claimants or creditors shall, unless the covirt otherwise
directs, be served on the claimant or creditor at the address
given in the claini sent in by him pursuant ot the advertise-
ment,or in case such claimant or creditor has employed a
solicitor,on such solictor at the address given by him.

Interest.
671. Where a judgment or order is given or made direct-
ing an account of the debts of a deceased person, unless
otherwise 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
jAgnient 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.

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 tinic beinp. fixed by
the court, from the end of one year after the testator's death,
unless otherwise ordered, or unless any other time of
payment or rate of interest is directed by the will, and in
that case according to the will.

Certificate of the Registrar.
674. -(1) The directions to be given for or relating to
any proceedings before the Registrar shall require no
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.

The rate of interest fixed is 8'Y,, per U111111111.





675. The certificate of the Registrar shall not, unless the
circumstances of the case render it necessary, set out the
judgment or order or any documents or evidence or reasons,
but shall refer to the judgment or order, documents, and
evidence, or particular paragraphs thereof, so that it may
appear. upon what the result stated . in the certificate is
founded.

676.-(1) Where an account is directed, the certificate
shall state the result of stich account, and not set the same
out by way of schedule, but shall refer to the account verified
by the affidavit filed, and shall specify by the numbers
attached to the items in the account which, if any, of stich
items have been disallowed or varied, and shall state what
additions, if any, have been rnade 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 tran-
script 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.

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 suminons for the purpose.

678. Every certificate, with the account, if any, to be
filed therewith, shall be filed An 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 twenty-one days after
the filing thereof.

680. The court may, if the 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
any time after the same has become binding on the parties,





Further consideration.

681.-(1) Where any matter originating in chambers has
at the original or any subsequent hearing, been 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 fourteen days and within twelity-one
days from the filing of the Registrar's certificate, and after
the expiration of such twenty-one days by a summons to be
taken out by any other party.

(2) Such summons shall be in the followingform
That this matter, the further consideration whereof was
adjourned hy the order of the day of 1.9
may be further considered., and shall be served ten clays
before the return.
(3) This section shall not apply to any matter the further
consideration 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 hearing.

683. Every order made in chambers shall, unless the
court otherwise directs, be drawn up or settled and signed
by the Regist ' rar; and all orders so drawn up shall be filed
in the Registry.

684. An order signed by the Registrar, or a note or
memorandum indorsed on the sinninons upon which any
such order was made and signed or initialled by the judge,
shall be safficient evidence of the order having been iniade.

.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
subject to the- right of the parties to bring any particular
point before the court.





CHAPTER XXX.

VARIOUS PROVISIONS.

Sicings of the Cauxt.

686. The court may, in its discretion, appoint any day
for the trial and hearing of causes and matters, as cir-
cunistances 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 inatter in the
presence only of the parties and their counsel ancl solicitors
and the officers of the court.

688. Subject 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 niotion papers have heen
filed; ,

,(3) opposed motions on notice, and orders to show cause
returnable on that day, shall then be taken, in the order
in which these matters respectively stand in the trial paper;
and

(4) the,eauses in the trial paper shall then be called on,
in their order, unless the court sees fit to vary that order.

Seal of the court.

689. Every writ, summons, warrant, judgment, rule, order,
notice, and other document issuing from the court shall be
sealed with the seal of the court, and be returned for the
purpose of being filed in the Registry.

Cau8e-Book.

The Registrar shall. keep a book called the
Cause-Book, which shall contain a register of the proceed-
ings in all actioiis brought in the court,





(2) Every action or other proceeding, however instituted,
under the provisions of this Code, shall be numbered in each
year according to the order in which the same is commenced.

Certain general powers of the court.

691. The court may, if it thinks it expedient for the
interests of justice, postpone or adjourn the trial or hearing
of any cause, matter, proceeding, or application for such time
and on such terms, if any, as it may think Just.

692. Where any immovable or movable property forms
the subject of any proceedings in the court, and the court is
satisfied that the same will be more than sufficient to answer
all the claims thereon which ought to be provided for in
such proceedings, the court may, at any time a fter the coni-
mencement of the proceedings, allow to the parties interested
therein, or to any one or more of them, the whole or a part
of the annual inconie of the immovable property, or a part
of the movable property, or the whole or a part of the income
thereof, up to such time as the court may direct.
[s. 693, rep. No. 36 of 1911.]

Summary applicatilon in artain case.

694. All proceedings in cases within section 504 of the
Merchant Shipping Act, 1894, shall be by summary applica-
tion to the court and by way of motion supported hy aflidavit;
and the court shall, if it thinks fit, by rule or order, give
such relief as by the said section any such corripetent court
a,s is mentioned in the Act has power to give.

Irregularity 1,97, 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 cotirt so
directs, but such proceeding may be set aside eithel. wholly
*or in part as irregular, or amended, or otherwise dealt -with
Iii such manner and on such terms as the court may fit.

696. No application to set aside any proceeding for
irregularity shall be allowed unless made within a reasonable
time, nor if the party applying has taken any fresh step after
knowledge of the irregularity.





697 Where in application is made to set aside any pro-
ng for irregularity, the several objections to be insisted
shall be stated in the sninnions or notice of inotion.

698. When a summons is taken out to set aside any
process or proceeding for irrewith costs, and the
sumnions is disinissed generally without ally special direction
,as to costs, it is to be understood as dismissed with costs.

Provisions to time.
699.-(1) Nothing ill this Code shall affect the power of
the court to enlarge or abridge the tirne -appointed ol. allowed
for the doing of any act or the takin gof any proceeding on

such terms as justice may require.

.. (2) Where the court is by this Code or otherwise authoris-
ed 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 flirther enlarge any time so appointed or enlarged by it,
on such terms as may seem just, whether the application for
further enlar-ement 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, ol. other document may be enlarged by consent in
writing without application to the court.

70L-(1) Where, by this Code, or by ally speci al order, or
by the course of the court, any limited time frotri. or after
any date or event is appointed or allowed for the doing of any .
act or the taking of any proceeding, and such time is not
limit ' ed by hours, the computation of such limited time shall
not' inchide, the day of such date or of the happening of such
event, but shall commence at the begiTining of the next
following day, and the act or proceeding. mnst be done ot.
taken at latest on the last day of such limited time, according
to such computation.
(2) Where the limited time so appointed or allowed is less
than six days, public holidays and general holidays, as
definedby the Holidays Ordinance,1912, shall not be reckoned
in the computation o*f such. time.





(3) Where the limited time so appointed or allowed expires
on one of the days last mentioned, the act or proceeding
shall be considered as done or taken in due time if done or
taken on the next day afterwards that is not one of the last-
mentioned days.

(4) The day on which an order that a plaintiff shall give
security for costs is served, and the time thenceforward until
and including the day on which such security-is given, shall
not be reckoned in the computation of the time allowed to
the defendant for filing his statement of defence.

(5) Nothing in this section shall affect 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 persons to be commissioners
to.administer oaths and take declarations, affirmations, and
attestations of honour in the court, and may revoke ins such
appointment.

(2) Every person so appointed shall, be styled a commis-
sioner for oaths, and shall have all the powers and discharge
all the duties which now belong to the office of a commis-
sioner to administer oaths.

703. Every person who, being an officer of or performing
duties in relation to the court, is for the time being so
authorised by the court or by or in pursuance of any rules or
orders regulating the procedure of the court, and every per-
son who is directed to take an examination in any eause or
matter in the court, shall have authority to administer any
oath or take any affidavit required for any purpose conneeted
with his duties.

Attachment.

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 attachment is to be issued.

705. A writ of attachment shall have the same effect as a
writ of attachment issued ont of the court in its ecluity
jurisdiction formerly had.





706' No judge, magistrate, or other judicial officer shall
be liabie to arrest under civil process while going to, presid-
ing in, or returning from his court.

Saving.
707 Nothing in this Code shall affect the provisions of
the Act 8 & 9 William 3, chapter 11, as to the assignment
or suggestion of breaches or as to judgment for a penalty cas
a security for daniages in respect of further breaches.

Publication of notices.
708. In any case in which the publication of any notice
is required under the provisions of this Code, the same may
be made by advertisement in the Gazette, unless otherwise
provided by this Code or otherwise ordered by the court.

709.-(1) The forms contained in the ' Schedule may be
used in the cases to which they respectively have reference,
with such variations and additions as the circumstances of
the particular case may require, and shall, as regards the
form thereof, be valid and sufficient.
(2) The Chief Justice may alter any of the said forms or
substitute other forms therefor; and every such altered or
substituted form shall be published in' the Gazette.
(3) so far as the said form may be incomplete, all fornis
at present in use in the court, with such variations and
Aditions.as'the circumstances of the particular ease may
require, may be used for the purpose of carrying, out the
provisions of this Code, and shall, as regards the form thereol,
be valid and sufficient.
[s. 710, rep. No. 1 of 1912.]

SCHEDULE
TABLE OF FORMS. [s M.1
1 . Writ of summons.
2. Specially indorsed writ of summons.
3. Originating summons inter partes.
4. Originating summons not interpartes
5. Ex parte originatinng summons.
6. Notice of appointment to hear originating summons.




7. Writ for service out of the jurisdiction, or where notice in lieu of
service is to be given out of the jurisdiction.
8. Specially indorsed writ of surninons for service out of the jurisdiction.
8a.Notice of writ in lieu of service to be given out of the jurisdiction.
8b. Letter forwarding request for service abroad.
8c. Request for service of notice abroad.
8d. Letter forwarding request for substituted service.
8e. Order giving liberty to bespeak request for substituted 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. Interrogatories.
21. Answer to interrogatories
22. A ffidavit of documents.
23. Entry of special case.
24. Notice of motion.
25. Summons inter p(ti.tey.
26. Ex parte suinmons.
27. Order.
28. Prripe for writ of execution of judginent for immovable property.
29. Writ of execution of judgment for immovable property.
30. Writ ofexecution of judgment for money by attachment of property.
31. Prohibitory order for attachment of movable property in execution,
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.

discharged.
37. Order for discharge of prisoner for debt frorn prison.
38. Writ of foreign attachment.
39. Bond in case of foreign attachment.
40. Affidavit on interpleader.
41. Order for issue of warrant for arrest of abscondink. defendant.
42. Warrant for arrest of absconding defendant.
43. Order for giving of ba ' il by absconding defendant.
41. Bail-bond of abscondimr 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.

request from a foreign court.
50. Certificate of Registrar forwarding depositions.

FORMS.
FoRm No. 1. Is. 7.]
Writ of summons.
Action No. of 19
IN THF SUPREKS COURT OF HONGEONG,
ORIGINAL JURISDICTION.
Between A.B., Plaintiff,
and
C.D., Defendant.
George the Fifth, by the Grace of God,
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 in an action at the suit of A.B. ; and take notice that, in
default of your so doing, the court may give leave to the plaintiff to
proceed ex parte.
Witness the Honourable Chief Justice of Our said
Court, the day of 19

Memorandum to be subscribed on the writ.
NOTF_-This writ is to. be served within twelve calendar rnonths froni
the date thereof, or, if renewed, within six calendar months from the date
of, the last renewal, including the day of Qu ' ch date, and not afterwards.
The - defendant may appear hereto by entering an appearance, either
personally or.by solicitor, at the. Registry of the Suprenic Court in Victoria,
Hongkong.

Indorsement to be made on the 2vrit before the issue thereof.
The plaintiff's claim is (1).
This writ was issued by the plaintifF, who resides at (2) [ol,
This writ was issued by E.F., solicitor for'the plaintiff, who resides at.

Ind.09.8enient to be inade on the writ (ifter service thereol:
This writ was served by me at on the defendant C.D. l
on day,the day of '19
Indorsed the day of '19
(Sign ed.)
(Address.)





Foit.~i No. 2. [ss. 19 and 20.1
Specially indorsed writ of summons

Action No. of 19
IN PnE Couirr oF HoNGKONG, -
ORIGINAL JURISDICTION.
Between A.P., Plaintiff.
and
C.D., Defendant.
George the Fifth, by the Grace of God, &c.
To C.D., of
We command you that within eiglit days after the service of this writ on
you, inclusive of the day of such service, you cause an appearance to be
entered for ),on in an netion at the suit of A.B. ; and take notice that, in
default of your so doing, the plaintiff proceed therein, and judgincut
inay be given in your absence.
Witness the Honourable Chief Justice of Our said
Court, tile day of 19

Memoi,agicluin to be subscribed,on the writ.
NOTE-Thits writ is to be served within twelve calendar moidlis frorn
the date thereof 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 Snpreme Court in Victoria,
Hongkong.

Indorsemten ot be made on the writ before the issue therof
Statement of claim
Particulars.
(Signed.)
And the sum of for costs.If the amount claimed is paid to the
plailitift or hsolicitor or agent within four days from the service
hereof, further proceedings will be stayed.
This writ was issned by the plaintiff, who resides at (2) 1021
This writ svas issued by E.F. solicitor for the plaintiff who resides at
(2)

Indorsement to be made ort the writ after service thereof.
This writ was served by ine aton the defendant C.D.
on day, the day of
. Indorsed the day of 19
(Signed.)
(Address.)





FORM NO. 3. 26.]
Originating summons inter partes.
Action No. of 19
IN THE SUPREME COURT OF HONGKONG
ORIGINAL JURISDICTION.
Between A.B., Plaintiff,
and
C.D., Defendant. (1)
Let C.D., of within oight (lays aftor thosorvice of Otis
summons ou hitu, ittelusive of the day of such, service, cause all appearance
i to be entered for him to this summons, which is issued on the application
of of who eldims to be (2) for the determination
of the following questions (3)
'Dated the day of 19
This summons was taken out by of solicitor for
i.ithe above named

The defendant may appear hereto by entering an appearaDec, either
personally or by solicitor, at the Registry of the Supreme Court in Victoria,
Hongkong.
1 NOTE.-If the defendant does not outer an appearance within the time
and at the place above mentioned, such oroer will be made and proceedings
taken as the court may think just and expedient.

FoRm No. 4. Is. 26.1
Originating summons not inter partes.
Action NO. of 19
IN THE SUPREME COURT OF HONGKONG,
ORIGINAL JURISDICTION.
In the matter of the trusts of tile will of A. 8.
And in the matter of the Trustees Ordinauce, 1901.
lor as lhe case may be].
710 '01
Let of within eight days after the service of this
summons on hitn inclusive of the day of such service, cause an appearance
to be entered for him to this summons, which, is issued on the application
of 5 of , for an order that (1)
Dated the day of 19

This summons was taken out by of solicitor for the
above-named

'The respondent may appear hereto by outoring an appettrance. cithei.
personally or by solicitor, at tile Itegistry of tile Supreme Court in Victoria,
Hongkong.
. NOTE.-If the respondent does not enter an appearance within the tin
and at the place above mentioned such order will be made and proceedings
taken as the court may think just and expedient.

As amended bY Law Rev. Ord., 1924.





FoRm No. 5. 26.]

Ex parte originating summons
Action No. of 19
IN THE SUPREME COURT OF HONGKONG
ORIGINAL JURISDICTION.

In tbe matter of A,R, an infant.

TO ,OF

Let all parties concerned attend at eh chambers of the Honourable
,at the Supreme Court, at o'clock m.on day,
the day of 19, on the hearing of an
application on the part of the above-named A.B., an infant. by C.D.,his
next friend, that (1)

Dated the day of ,19

This summons was taken out by ,of ,solicitor for the
applicant.

FORM NO,6.

Notice of appointment to hear originating summons
[Title as in Form No.3 or No.4]

To (1) ,of
Take notice that you are required to attend at the chambers of the
Honouable ,at the Supreme Court, at o'clock m.
on day, the day of ,19 ,for the hearing
of the originating summons issued herein on the day of ,
19, and that if you do not attend, either in person or by solicitor, at the
place and time mentioned, such order will be made and proceedings taken
as the court may think just and expedient.

Dated the day of ,19
(Signed.)

Solicitor for the plaintiff [or applicant].

FROM NO.7

Writ for service out of the urisdiction, or where notice in lieu of
service is to be givenout of the jurisdiction.
(Title, &c) (a)

George the Fifth, by the Grace of God, &c.
To C.D., of
We command you, C.D., that within
[here insert the number of days directed by the court or judge ordering the
service or notice] after the service of this writ [or notice of this writ, as the
case may be] on you, inclusive of the day of such service, you do cause an
appearance to be entered for you in jurisdiction of
the Supreme court of Hongkong in an action at the suit of A.B.; and
take notice, that in default of your so doing the plaintiff may proceed
therein, and judgment may be given in your absensce. Witess,&c.





Memorandum to be subscribed on the writ.

N.B.-This writ is to be served within twelve calendar months from the
date hereof, or, if renewed, within six calendar months from the date of
the last reneal, including the day of such date, and not afterwards.

The defendant (or defendants) may appear hereto by entering an
appearance (or appearances) either personally or by a solicitor, at the
Registry of the Supreme Court, Hongkong.

indorsements to be made on the writ before issue thereof.

The plaintiff's claim is for, &c.

This writ was issued by the plaintiff who resides at ,or
this writ was issued by E.F., of , whose address for service is
, solicitor for the said plaintiff, who resides at ,or
is agent for of , solicitor for the
said plaintiff, who resides at (mention the city, town, or
village, and also the name of the street and number 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 wit, and not the writ itself, is to be served
upon him.

Indorsements to be made on the writ (b) afer service thereof.

This writ was served by me at on the defendant
on the day of ,19
Indorsed the day of ,19
(Signed.)
(Address).

Notes-(a) If the action is for administration the writ must be headed
In the matter of the estate of deceased. If it is a
debenture holder's action the writ must be headed In the matter of
Company.

(b) Within three days.
[Note-The above indrosement N.B. must be on any concurrent writ
for service out of the jurisdiction, or of which notice is to be served out of
the jurisdiction. the indorsement N.B. need not be made on a writ
against defendants domiciled abroad but whom it is intended to serve within
the jurisdiction.]
.






FORM No. 8. [s. 42.1
Specially indorsedwrit for service out of the jurisdiction.
(Title.).
George the Fifth, by the Grace of God, &c., to of
in the of
We command you, that within* days after servicet of this Writ
on you, inclusive of the day of such service, you cause an appearance to be
entered for you in an action at the suit of
And take notice, that in default of your so doing the plaintiff may proceed
therein, and judgment be given in your absence.
Witness, &C.
N.B.-This writ is to be used, &c. [as in Form No. 7, supra].
Appearance is to be entered at the Registry of the Supreine Court,
Hongkong.
Statement of claim.
The plaintiff's claim is
Particulars
Place of trial

And[or such sum as ruay be allowed on taxation] for costs.
If the amount claimed is paid to the plaintiff or h solicitor
or agent within*days from service t hereof, further
proceedings will be stayed.
This writ was issued, &c. [see Form No. 7 supra].
This writ Loi. notice of this,writ,l was served, &c.
N.B.-1'bis writ is to be used, [as in Form No. 7 supra].

Form. No. 8a. is. 42 (4).]
Notice of writ in lieu of service to be given out of the
(Title,
To GIL, of
Take notice, that A.B., ofhns colulneneed an action against
lo Supreme Court of Hongkong
you, G.H., in the jurisdiction of tl 0
by writ of that court, dated the day of A.D. 19
,which writ is indorsed as follows [copy infull the indosements], and you
are required within days after the receipt of this notice, inclusive of tile
day of such receipt, to defend the said action, by causing an appearatice, to
be entered for you in the said court to the said action ; wid in defflult of
your so doing the said A.13. may proceed therein, and judgment may be
given in your absence.
You may appear to the said writ by entering all appearance personally or
by your solicitor at the Registry of the Supreme, Court, Hougkong.

(Signed.) A.B. of &c.
or Z. Y. of &c.
Solicitor for A.B.
IN.B.-This notice is to be used where the person to be served is not a
British subject and is not in British dominions.





Foitru No. 8b. [s. 42 (8).]
Letter forwarding request for service abroad.

The Chief Justice of the Supreme Court of Hongkoug. presents his
compliments to the Colonial Secretary and beas'to enclose a notice of a
writ of summons issued in an action of uersus
pursuant to order out of the Supreme Court of
Hongkong in order that necessary steps may be taken to ensure its transmis
sion to the proper authorities in [name of country] with the request that
the---saine may be served personally upon [name of defendant to be 8erved]
against whom proceedings have been taken in the said Supreme Court, kind
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 manner as is consistent with the
usage or practice of the courts of the [name of country] in proving service
,of legal process.

The Chief `Justice begs further to request that in the event of offorts to
pffect personal service of the said notice of writ, proving inellectual tbe
Government or court of the said country be requested to certify the sarne to
the said Supreme Court.

From No. 8c. 42 (8).]

Request for service of notice abroad.
(Title, &c.)
I (or we) hereby request that a notice of writ of summons in this
action be transmitted through the proper channel to [name of countiy] for
service [or substituted service] on the defendant hint] at [address
of defendant] or elsewhere in [name of country].

And I (or we) hereby personally undertake to be responsible for all
expenses incurred by the Colonial Secretary in respect of the service hereby
requested, and on receiving due notification of the amount of such
expenses I (or we) undertake to pay the same to. the Chief Clerk at
the Colonial Secretary's Office, and to produce the receipt for such payment
'to the proper officer of the Supreme Court.
Dated, &c. (Signature of solicitor.)

FoRbi No. 8d. is. 42 (8)-1

Letter forwarding request for substituted service.
(Title, &C.)

Chief Justice of the Supreme Court presents his compliments to the
Colonial Secretary and begs to enclose a notice of a writ of summons in the
case of versusin which the plaintiff has obtained an
order of the Supreme Court (which is also enclosed) giving leave 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 the said notice of writ and order may be
forwarded to tile proper authority in [name 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 in such manner as may be
consis.tent with the usage or practice of the courts of [nanze of country] for
service of legal process where personal service cannot be ellected ; and with
the further request that the same may be officially certified to the Supreme
Court of Hongkong or declared upon oath, or otherwise, in such manner as
is consistent with the practice of the courts of the [nante of countiy] in
proving service of legal process.

Form No. 8e. Is. 42 (Order giving liberty to bespeak request for substituted service abroad.
(Title, &c.)
Upon reading the [certificate, declaration, or, as the case may be, describ-
ing the same.]
It is ordered that the plaintiff be at liberty to bespeak a request for sub
stituted service of notice of . the writ of summons herein on the defendant
at 3 or elsewhere in the [name of country]
and that the said defendant have days after such substituted
service within which to enter appearance.
Pated this day of 19

Foam No. 8f. [s. 42A.i
Certificate of service of foreign process.
Registrar of the Supreme Court of Hongkong
hereby certify that the documents annexed hereto are as follows :-
(1) The original letter of request for service of process received from tile
foreign court [pr trobima;] at 1 in the of
in the matter of versus and
(2) The process -received with such letter of _req nest, and
(3) The evidence of service uponthe person named in shell
letter of request, together with the verification of a notary public.
And 1 certify that such service so proved, and the proof thereof, are such
as are required by the law and practice of the Supreme Court, of Hongkong
regulating the service of legal process in Hongkong and the proof thereof.

And I certify that tile cost of effecting such service, as duly certified by
the'taxing officer of tile Supreme Court of Hondkong, amounts to the sum of

Dated th is day of 19
(Signed.) Registrar.

As amended by Law Rev. Ord., 1924,





FORm No. 9. 46.]
Memorandum. of appearance.
Action No. of 19
IN THE SUPRE51E COURT OF HONGKONG,
ORIGINAL JURISDICTION.
Between A.B., Plaintiff,
and
C.D., Defendant.
Enter an appearance for the defendant C.D., in this action.
Dated the day of 19
(Signed.) C.D.' of
[or E. M,
Solicitor for the defendant. C.D.]

From No. 10. Is. 70.]
Affidavit for entry of appearance as guardian.
Action No. of 19
.11; THE SUPREME COURT OF HONGKONG,
ORIGINAL JURISDICTION.

Between A.B., Plaintiff,
and
C.D., Defendant.
I, of make oath and say as follows
E.P.' of to the best of, ray knowledge, information, and belief,
is a fit and proper person to act as guardian ad litem of the above-named
infant defendant, and has no interest in the matters in question in this action
lor matter] adverse to that of the said infant, and the consent of the said
E.F..to act as such guardlan is hereto annexed.
Sworn, &C.
[To this affidavit must beannexed the doeuntent signed by the guardian
in testimony of his consent to act.]

FORm No. 11. SI.]
Mernorandunt of notice of judgment [or order.]
'take notice that, from the thne of the service of this notice, you [or, as
the case may 1 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 mind] had been originally made a
party, and that you [or the said infant or the said person of unsound wind]
may, on entering an appearance at the Registry of the Supreme Court in
Victoria, Hongkong, attend the proceedings under the within-mentioned
judgment [or order], and thut you [or the said infant or the said person of
unsound wind' may, within one month after the service of this notice, apply
to the court to add to the said judgment [or order].





FORM No. 12. Is. 85.]
Third-party notice.
Action No. of 19
IN THE SUPREME COURT OF HONGKONG,
ORIGINAL JURISDICTION.
Between A.B., Plaintiff,
and
C.D., Defendant..
Notice filed19
To E.F., of
Take notice that this action has been brought by the plaintiff against the
defendant (as surety for M.N., upon a bond conditioned for payment or
$2,000 and interest to the plaintiff.

'the defendant claims to be entitled to contribution from you to the extent
of one-half of any sum which the plaintiff may recover against him, on the
ground that you are [his co-surety under the said bond; or, also surety for
the said M.N., in respect of the said matter, under another bond rnade by you
in favour of the said plaintiff, dated the day of 19

07. [as acceptor of a bill of exchange for $6,000, dated the
day of ~ 19 , drawn by you upon and accepted by the
defendant, and payable three mouths after date.

The defendant claims to be indemnified by you against liability under tile
said bill, on the ground that it was accepted for your accommodation].

Or [to recover damages for a breach of a contract for the sale and delivery
to the 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, on the ground that it was made
by him on your behalf and as your agent].

And take notice that, if you wish to dispute the plaintiff's claini in this
action as against the defendant C.D. or your liability to the defendant C.D.,
you must cause an appearance to be entered for you within eight days after
the service of this notice on you', inclusive of the day of such service.

In default of your so appearing, you will he deemed to admit the validity
of any judgment obtained by the plaintiff against the defendant C.D., and
your own liability to contribute or indemnify to the extent 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. M.,

Solicitor for the defendant C.D.]

NoTE.-Appearance is to be entered at the Registry of the Supreme Court
in Victoria, Hongkong. 0 .





FORm No. 13. 18. 89.]

Summons for third-party directions.
Action No. of 19
IN THE SUPREME COURT OF HONGKONG,
ORIGINAL JURISDICTION.
Between A.B., Plaintiff,
and
C.D., Defendant.

TO
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
on the part offor an order for third-party directions as
follows :-that the defendant file a statement of his clairn against the 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 the result of 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 summons was taken out by solicitor for

FORm No, 14. Is. 90.]

Order for third-party directions.
Action No. of 19
IN THE. SUPREME COURT OF HONGKONG,
ORIGINAL JURISDICTION.
Between A.B., Plaintiff.'
and
C.D., 'Defendant.
(1) in chambers.
.Upon hearing the solicitors for the plaintiff, defendant, and third party,
It is ordered that the defendant file a statement of his claim against the said
third party withindays 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 the result of the trial ; and that the question -of liability of the
said third party to indemnify the defendant be tried at the trial of this
action, but subsequent thereto ; and that the costs of this application be

Dated the day of 19





Fonm No. 15. 135.]

Statement of claim
Action No. of 19
IN THF SUPREME COURT OF HONGKONG,
ORIGINAL JURISDICTION.
Between A.B., Plaintiff,'
and
C.D., Defendant.
Stalequent of claint.
The plaintifrs claim is for work done and materials provided by the
plaintif

Particulars

1909. 1st January 'to 31st May. To rebuilding house $ c.
at Victoria, as per contract dated the 24th December,
1908 ............................. * 5,400 00
To extras, as per account delivered 243 00
.............................5,643 00
Paid on account .............3,000 00
Balance due .................2,643 00

The plaintiff also seeks to recover interest on the above balance from tile
31st May, 1909, till payment or judgment.
(Signed.)

FoRAr No. 16. cs. 143.]
Statement of defence.
Action No.' of 19
IN THE SUPREMn COURT OF HONGKONG,
ORIGINAL JbRIbICTION.
Between A.B., Plaiutig,
and
C.D., Defendant,

Statement of defence.

'The defendant says that-

L Except as to $200, parcel of the money claimed, the architect did not
grant bis certificate pursuant to the contract.

2. As to; $200, parcel of the money claimed, the 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. Is. 163.3

Action No. of 19

IN THE SUPREME COURT OF HONGKONG,
ORIGINAL JURISDICTION.
'Between A.B., Plaintiff,
and
C.D., Derendarit.

Counterclaint.

The defendant says that-

1. The cod tract. men tion ed in the statement of claim herein contained a
clause whereby it was provided that the plaintiff should complete the works
by the 31st March, 1909, or in default pay to the defendant $10 a day for
every: subsequent day during which the works should remain unfinished,
and they so remained unfinished for 61 days to the 31st May, 1909.

The defe ndant counterclaims $610.

(,Signed.)

FoRm No. 18. 168.]
Reply.
Action No. of 19
IN THE SUPREME COURT OF HONGKONG,
ORIGINAL JURISDICTION.

Between A.B., Plaintiff,
and
C.D., Defendant.
Reply.
The, plaintiff says that------

1. As to the first paragraph of the statement of defence, he joins issue.
2. As to- the second paragraph thereof, he accepts the $200 in satisfaction.

The plaintiff as to the counterclaim says that-

3. The defendant waived the liquidated damages by ordering extras and
materi alterations in the works.

4. The defendant waived the liquidated damages by preventing the
plaintiff from having access to the premises till a week after the agreed Lime.

(Signed.)

NOM-The latter part of this form applies only where the counterclaim
has been filed before the reply.





FoRm No. 19. [s. 174.]
Statement of defence including an objection in point of law.
Action No. of 19
IN THE, SUPREME COURT OF HONGKONG,
ORIGINAL JURISDICTION.
Between A.B., Plaintifi,,
and
C..D., Defendant.
Statement of defence.
The defendant says that-
1. The goods were not supplied to E. P. on the guarantee.
2. The defendant will object that the guarantee discloses a past con-
sideration on the face of it.
(Signed.)

From No. 20. 188.]
Interrogatories.
Action No. of 19
IN THE SUPREME COURT. OF HONGKONG,
ORIGINAL JURISDICTION.
Between A.B., Plaintiff,
and
C. D., E.F., and G.Lr., Defendants.
Interrogatories on behalf of the above-named plaintiff [or defendant
C.D.] for the 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 the interrogatories numbered

FORm No. 21. lis. 192.]
Answer to interrogatories.
Action No. of 19
IN THE SUPREME COURT OF HONGKONG,
ORIGINAL JURISDICTION.
Between A.B., Plaintiff,
and
C.D., E.F., and G.H, Defendants.
The answer of the above-named defendant E.F. to interrouatories for his
examination by the above-named plaintiff.
In answer to the said interrogatories, 1, the above-.named E.F., make oath
and say as follows
Sworn, &c.





FoRm No. 22. Is. 196.]

Affidavit as to docuPnents.

Action No. of 19

IN THE SUPREME COURT OF HONGKONG,
ORIGINAL JURISDICTION.

Between A.B., Plaintiff,

and

C.D., Defendant.

1, the above-named defendant C.D., make oath and say as follows-

1. 1 have in my possession or power the documents relating to the matters
in question 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 in the second part of
the said first schedule hereto.

3. The grounds [here state upon what grounds the objection is made, and
verify the facts as far as may be].


4. 1 have had, but have not now, in my possession or power the documents
relating to the matters in question in this action set forth in the second
schedule hereto.

5. The last-mentioned documents were last in my possession or power on
[state when].

6. The said last-mentioned documents Chere 8tate what has becume ofthe
last-mentioned documents, and in whose possession they now are].

I. According to the best of my knowledge, information, and belief, 1
havb 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 or person on my
behalf, any deed, account, 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 fiction, 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, L%C.,





Form No. 23. [s. 233.]

Entry of special case.

Action No. of 19

IN THE SUPRERF COURT, OP HONGKONG,
ORIGINAL JURISDICTION.

Between A.B., Plaintiff,

and

C.D., Defendant.

Set down the dated the day of
19 of Mr. the arbitrator
in thisfor hearing as a special case.
Dated the day of 19

(Signed.)
0

(Addr6ss.)

FORM No. 24. Is. 243.1

Notice of motion.

Action No. of 19

IN THE SUPREME COURT OF HONGKONC.,
ORIGINAL JURISDICTION.

Between A.B., Plaintiff,
and

C. D., Defendant.

To the Registrar of the Sitpreme Court.

Take notice that the court will be moved at o'clock m.on
day, the day of 19 or so soon thereafter
as counsel can be heard, by Mr. counsel for the
that (1).
Dated the (lay of 19

(Signed.) E.F.

Solicitor for the





Fonn No. 2.5. 259.]
Summoons inter partes.
Action No. of 19
IN THE'SUPREME COURT OF HONGKONG,
ORIGINAL JURISDICTION.
Between A.B., Plaintiff,
and
C.D., Defendant.
To; Of
You are hereby surnmoned to appear before the Honourable
9 at his chambers at tbe Suproinc Court. at
m.on day, the day of 19
on the bearing of an application on the part of (1).
. And you are to take notice that if you do not appear the court; may
consider mid deal with the application in a summary way.
Dated the day of 19
This summons was taken out by solicitor for

FORM No. 26. [s. 259.]
Ex parte summons
Action No. of 19
IN THE SUPREME COURT OF HONGKONG,
ORIGINAL JURISDICTION.
Between A.B., Plaintiff,
and
C.D., Defendant.
Application on the part of, for leave to (1).
Dated the day of 19
This summons was taken out by solicitor for

FORM No.. 27. 261.]
Order.
Action No. of 19
IN THE SUPREME COURT OF HONGKONG,
ORIGINAL JURISDICTION,
Between A.B., Plaintiff,
and
'C.D., Defendant.
(1) in chambers.
UPon the application of and upon hearing
and upon reading the affidavit of
filed'the day of 19,It is ordered that (2)
and that the costs of
this application be
Dated the day of 19





Foitm No. 28. is. 387.]
Praecipe for writ of execution of judgement for immovable properly.
Action No. of 19
IN THE SUPREME COURT OF HONGKONG,
ORIGINAL JURISDICTION.
Between A.B., Plaintiff,
and
C.D. Defendant.
To the Registrar of the Suprente Courl..
Whereas the plaintiff A.B., is entitled, tinder a judgment in this action,
dated the day of 19 , to the immediate possession
of the immovable property inentioned'in the said judgment and is desirous
of enforcina, the said judgment : 1. do hereby inake 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

Solicitor for the plaintiff A.B.]

-FoRn No. 29. [s. 396.1
Writ of execution of judgment for immovable propety
Action No. of 19
IN THE SUPREME COURT OF HONGKONG,
ORIGINAL JURISDICTION.
Betiveen A.B., PlaintiT,
and
C.D., Defendant.
qeorge 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
19 , the plaintiff A.B. is entitled to the immediate possession of the
following immovable property now in the occupancy of
of that is to say (1)
And whereas the said plaintiff is desirous of enforcing th`e said judgment
and has applied for the proper writ of execution in that behalf : Now,
therefore, We command you that you do forthwith put the said plaintilf in
possession of the said immovable property, and We do authorise you to
remove any person who may refuse to vacate the same.
Witness the Honourable , Chief Justice of Our said
Court, the day of

(Signed.) Registrar.

NOM-This writ is to be returned into the Registry immediately after

the execution thereof, with a memorandum indorsed thereon of the date and
mode of execution.





TORm No. 30. Is. 399.]

Writ of execution of judgmetn for money by attachment qf Property.
Action Dko. of 19

IN THE SUPREME COURT OF HONGKONG,
ORIGINAL JURISDICTION.
Between A_8., Plaintiff
and
C.D., Defendant.
George the Fifth, by the Grace of God, &c.
To the. baliff Oui. said dourt, greeting:
_Whereas the defendant C.D. has failed to satisfy a judgment for money
given atrainst him in this action ou the d ay of 19
in favour of the plaintiff A.B. for the sum of together with
interest'thereon at the rate of $per centum per annum from the date
of the.said judgment, and also for taxed costs to the amount of
and whereas the said plaintiff is desirous of enforcing the said judgment by
the attachment of the said defendant's property, and has applied for the
proper, writ. of execution 'in that behalf : Noiv, therefore, We command
yon that You do forthwith attach ill the property, mov'able and immovable,
of the said defendant within---the Colony, or such part thereof as may be
sufficient to satisfy the said judgment and the expenses of the execution
thereof, by actual seizure, or by the'service of prohibitory orders, according
to thenature ' of the said property ; and We further command you that, as
to so much of the said property attached under this syrit by actual scizure
as shall consist of money or negotiable instruincins, 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 instruments, you do
keep the same in your custody until the further order of the court or until
the sale thereof in satisfaction of the said judgment ; and We further com-
mand you that, in case you shall not be able to find sufficient property. of
the said defendant, or the said defendant shall fail td point out to you any
property whereon to levy, you do forthwith arrest the said defendant and
deli~er hini into the custody of the Superintendent of Prisons to be impris-
oned therein as a prisoner for debt for the period of unless lie shall
be sooner discharged from the said imprisonment in due course of law.

And the court has fixed. subsistence allowance at the rate of twenty-five
cents a day.

Witness the Honourable Chief'Justice of the said court,
the day of 19

(Signed.) Registrar.

NOM-This writ is to be returned into the Registry immediately after
the execution thereof, with a memorandum indorsed thereon of the date
and mode of execution.

As amended by Law Rev. Ord., 1924.





Foum No. SI. Is. 400.1

Prohibitory order for atachment of movable property in execution
Action No. of' 19

IN THE SUPREME COURT OF HONGKONG,
ORIGINAL JURISDICTION.

Between A.B., Plaintiff,

aDd

C.D., Defendant.

710

Whereas the defendant C.D. has failed to satisfy a judOment for money
given against him in this action on theday of' ~ 19 '
in favour of the plaintiff A.B. for the sum of together with
interest thereon at the rate of per centum per annum
from the date of the said judgm * ent, find also for taxed costs to' the amount
of $ .; and whereas li writ of execution has been issued to
enforce the said judgment by the attachment of the said defendant's
property : It is ordered that the said defendant he and he is hereby
prohibited and restrained, until the further order of the court, f rem receiving
from
possession of the said E.F., th at is to say (1) :-
to which the said defendant is entitled, subject to any claim, lien, ol. right
of the said E.F. ; and it is also ordered that the said E.F. be and lie is
hereby prohibited and 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 Chief Justice of Our said
Court, the day of 19

(Signed.) - Registrar
C2



NOTE-This order is issued under section 400 of the Code of Civil
Procedure, and any person wlio wilfully disobeys it is liable to be coanni tted
to prison by the court.

NOM-This order is to he returned into the Recgistry immediately after
the execution thereof, with, a memorandum indorsed thercon of tile date and
mode of execution.





FoRm No. 32. Is. 401.]

Prohibitory order for attachment of immvable property in execution
Action No. of 19
IN.THE SUPREME COURT OF HONGKONG,
ORIGINAL JURISDICTION.
Between A.B., Plaintiff,
and
C D., Defendant.
'Fo the Defendant C.D.
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 centum 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 attachment of your property ; and whereas it is alleged that certain
lands, houses, or other immovable property belong to you : It is ordered
that you be and you are hereby prohibited and restrained, until the further
order of-this court, from alienating such lands, houses, 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 prohibited and restrained, until the further order of this
court from acquiring or receiving ally such property by purchase, gift, or in
any other way.
Witness tile Honourable Chief Justice of Onr said
Court, the day.of 19.

(Signed.) 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.
NOM-This order is to be returned into the Registry immediately after
the execution thereof, with a memorandum indorsed thereon of the date and

FORSI NO. 33. Is. 412.1
Affl(lavit in stipport order.
Action No. of 19
IN THE SUPREME COURT OF HONGKONG,
ORIGINAL JURISDICTION.
Between A.B., Plaintiff,
and

C.D., Defendant.
of the plaintiff in this action, [or
solicitor for the plaintiff in this action] make oath and say as follows ;-





1. By a judgment of the court given in this action, and dated tbe
(lay of 19 it was adjud-ed that 1 [or the said plaintifil

should recover against the defentlant C.D. the sium of $
with interest tbereon at,the rate of $
it per centum per annum from
the date of the said judgment, and costs to be taxed, and the said costs
were, by the Reg. istrar's certificate dated the day of
19 allowed at

2. The said judgment still remains unsatisfied te the extent of >
and interest amounting to

3. (1) of is indebted to the said defendant in the sum
of $ or thereabouts.

4. The said is within the.jurisdiction of this cotirt.

Sworn, &c..

Fown No. 34. [s. 412.1

Garnishee order attaching debt.

Action No. of 19

IN THE SUPREME COURT OF HONGKONG
ORIGINAL JURISDICTION.

Between.A.B., Judgment creditor,

an d

C.D., Judgment debtor.

E.F., Garnishee.

(1) in chambers.

Upon hearing and upon reading Lhe affidavit of'
filed the day of 19 , and
It is ordered that all debts owing or accruing due from the above-named
garnishee to the above-named 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
lg , for the sum of $ , on which judgment d* said sum of
remains due and unpaid ; aud it is further ordered that the said garnishee
attend the Honourable in chambers on day,
the day of 19 1 at o'clock in the
noon, 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 therof as may be sufficient to satisfy the judgmetn; and that the
costs of this application be

date te day of 19




Foint No. 35. [s. 415.]

Garnishee order absolute.
Action No. of 19
IN THE SUPREME COURT ok' HONGKONG,
ORIGINAL JURISDICTION.
Between A.B., Judgment creditor,
and
C.D., Judgment debtor.
E.F., Garnishee.
(1) in chambers.
Upon hearing and u 1 pen reading the affidavit of
filed the day of 19 and the order
nisi made herein on the day of '19 ' whereby it was
ordered that all debts owing or accruing due from the above-named garnishee
to the above-named judgment debtor should be attached to answer a judgment
recovered against the said judgment debtor by the above-named judgment
creditor in the Supromo Court on tho day of
19 , for the sum of $ 3 oil which judgment the said sum of $
remained due and unpaid. It is ordered that the said garnishee do
forthwith pay the judgment creditor the debt due from him to the said
judgment debtor, or so much thereof ds may he 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
FoRsi No. 36. [s. 443.]
Notice to judgment creditor of application by
prisonerfur debt to be discharged.
Action No. of 19
IN THE SUPREDIF COURT OF HONGKONG,
ORIGINAL JURISDICTION.
Between A.H., Plaintiff
and
C.D., Defendant.
(1) in chamberg.
To A.B., and h solicitor.

Take notiec.that this Honourable Court will, at o'clock m.on
day, the dakof 19 , hear an applica-
tion 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.

(Signed.) Reqi8trar.





FORK No. 37. [s. 443-j
Order of discharge of prisoner for debt from prison
IN THE SUPRE131E COURT OF HONGKONG,
ORIGINAL JURISDICTION.
Between A.B., Plaintilf,
and
C.D., Defendant.
To the Superintendent of Prisons.
You are hereby authorised to discharge ont of your custody the ltbove-
C
named defendant so far as regards the execution in this cause.
Dated the day of 19
BY order of the court,
(Signed.) Regish-ar.
FoRm No. 38. [s. 4.53.]
Writ of foreign allachment.
A(Aion No. of 19
IN THE SUI.REM9 COURT OF HONGKONG
ORIGINAL JURISDICTION,
Between A.B., Plaintiff,
and
C.D., Defendant.
E.F., Garnishee.
George the Fifth, by the Grace of God, &c.
To the bailiff of Our said Couve, greeting

We command you forthwith to attach all the property, movable and
immovable, of the defendant C.D. which shall be found within the Colony,
and to return this writ into Our said Cond on the day of

Witness the Honourable Chief Justice of Our said Court
the day of 19

Indorsements to be made on the writ.
1 hereby certify that this writ reached my hands for execution at
o'clock M. 011 day, the day of ' 19
(Sigrej.) Bailiff
This writ wits served on E.F., of at
o'clock M. 011 dily, tho day of 19
(Signed.)
A memorial of this writ was registe~ed in the Land Office at o'clock
m. on day, the day of '19
(Signed.)
As amended by Law Ray. Ord., 1924.





Foitm No. 39. ES. 455.]
Bond in ease of foreign altachment.
Action No. of 19
IN THE SUPREME COURT OF HONGKONG,
ORIGINAL JURISDIWION.
Between A.B., Plaintiff,
and
C.D., Defendant.
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
dollars, to 13e 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 eaeli and every of us, and our and every of our respective
heirs, executors, and administrators, firmly by these presents. In witness
whereof sve have hereto set our hands and seals this day of y
in, the Year of Our Lord Nineteen' Hundred and . Whereas all
action has lately been instituted in the Supreme Court of Hongkong 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 attachment hs 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 the Code of Civil
Frocedure in that behalf, cause the said writ, or any other writ of foreign
'attachment issued in the said action ou the application of the plaintiff, to be
set aside, or any judgment which 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 sums of money, damages,
costs, and charges as the said court may order and award on account of or
in relation to the said action and the said writ of foreign attachment, or
J. either of them, then this obligation shall be void otherwise it is to remain in
fullforce.
Signed, sealed, and delivered
in the presence of (Signed.)A.B. [L.S.]
FORM No 40. js. 526.]
Affidavit on interpleader.
Action No. of 19
IN THE SUPREME COURT OF HONGKONG,
ORIGINAL JURISDICTION.
Between A.B., Plaintiff
and
C.D., Defendant.
I, C.D., of the defendant in this action, make oath
and say as follows
1, The writ of summons herein was issued on the day of
19 , and was served on me on the day of ' 19





2..The action is bronalit to recover The

said (1) in my possession, but 1 claim no
interest therein.
3. The right to the said subject-matter of this action has been and is
claimed (2) by one ' who (3)
4. 1 do not in any manner collude with the said or
with the above-named plaintiff , but 1 ain ready to bring into court or to
pay or dispose of the said in such manner as the court
may direct.
Sworn, &c.
FoRji No. 41. [s. 567.]
Order qf issne of warrantfor arrest of
Action No. of 19
IN THE SUPREME COURT OF HONGKONG,
ORIGINAL JURISDICTION.
Between A.13., Plaintiff;
and
C.D., Defendant.

Upon the application of the plaintiff A.B., and upon benring the solicitor
for the said plaintiff, and upon reading the affidavit of , filed
the day of ' 19 ~ It is ordered that a
warrant do issue to the bailiff enjoining him to bring the defendant C.D.
before the court in order that he may show cause why be should not give
security for his appearance to answer any judgment that may be given
against him in this action ; and it is farther ordered that the bailiff be
authorised to release the said defendant upon payment by the said defendant
to hirn of the sum of $ ' being the amount of the Plaintiff,s claim
herein, togetber with the sum of $ for the costs of this action, and
such surn as may 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 this day of 19
FORm No. 42. 567.]
Warrant for arrest of absouding defendant
IN VIE. SUPREME COURT OF HONGKONG,
ORIGINAL JURISnICTION.
Between A.B., Plaintiff,
and
CA, Defendant.
George the Fifth, by the Grace of God, &c.
To the bailiff of Our said Court, gi.eetiy:
We command you forthwith to arrest the defendant C.D. pursuant to un
order made by Our said Court, and to bring him before Our said Court
at ' o'clock in., on day, the day of 1 19 .,:,





in order that he may show cause why he should not give security for his
appearance to answer any judgment 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 being the amount of the plaintift's

claims herein, together with the sum of $ for the costs of this action,
and such sum as way 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 Chief Justice of Our said
Court, the day of 19
(Signed.) Registrar.

NOTE.-This warrant is to be returned into the Registry immediately
after the execution thereof, with a memorandum indorsed tbereon of the
date and mode of execution.

FoR3r No. 43. [s. 568.1
Order fir giving of bail by absconding dejendant,
Action No. of 19
IN THE SUPRICAIL COURT OF' HONGKONG.
ORIGINAL JURISDICTION.
Between A.B., Plaintiff
and
C.D., Defendant.
Upon the application of the plaintift A.B., and upon bearing tile solicitor
for the said plaintig, and upon'reading the affidavit of ?
of It is ordered that the defendant C.D. do aive bail in
the sum of to the satisfaction of the Registrar, for his appearance
at any time when called upon while this action is pendiug 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 judgment
is given against him, until tile execution of the judgment, or until the
further order of the court.

Dated the day of 19

FoRm No. 41. 568.]

Bail-bond of absconding defendant.

Know, all men by those prosents that we, C.D., of
of ' and G.H., of, are held and firmly bound
.~uuto A.B., of 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, and each and
every of us, and our and every of dur respective heirs, executors, and
administrators, firmly by these presents. In witness whereof we have
hereto set our hands and seats this day of 1 lit the Yeal. 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 when called upon while tile
action* of the said A.B., against the said C.D. in the original jurisdiction
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 the said
action, with costs, then this obligation shall be void, otherwise it is to
remain in full force.

Signed, scaled, and delivered (Signed.)
in the presence of

C.D.

E'. F. C L. S.

FORM No. 15. Is. 573.]
warrant for bailiff to call upon defendant to give security
Action No. of 19

IN THE SUPREME COURT oF HONGKONG,
ORIG1NAL JURISDIMON.

Between A.B., Plaintiff

and

C.D., Defendant.

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 of 8to 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 ' sufficient to answer any judgment that may be given
against him in this action, or by the said day to appear before Our said
Court and show cause why be should not furnish such security ; and We





further command you, in default of such security being given, to attach
all the movable and immovable property of the said defendant within the
Colony until the further order of Our said Court.
Witness the Honourable Chief Justice of Our said
Court, the (lay of 19
(Signed.)

-This warrant is to be returned into the Registry immediately
NOTE.
after the execution thereof, with it memorandum indorsod theroon of the
date and mode of execution.

FoRm No. 46. 656.]
Adve?.ti8entott.for claimanis not being creditors.
Pursuant to a judgmentor an order] of the Supreme Court made in
[the matter of the est;ite of A. B. and in] an action by C.D. against E.F.
the persons clahning.to be next of kin to A.13., lato of 7
who died in or about the month of19 are, by their
solicitors, on or before the day of 19 to
come in and prove their claims at the chambers of ' at th 6
Supreme Coart in Victoria, Hongkong, or, in default thereof, they will be
peremptorily excluded from the benefit of the said judgment lor order].
The day of ) 19 ' at o'clock in the
noon, at the said chambers, is appointed for hearing and adjudicating upon
the claims.
Dated the day of
'19

(Signed.) Registrar.

FORM No. 47. Is.657.1 i
Advertisement for creditors.
Pursuant to a judgment [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
creditors of A.B., late ofwho died in or about the month of
19 are, on or before the day of
19to serve on G.17., the solicitor of the defendant C.D., the executor
lor administrator] of the deceased [or as may be directed], notice of their
Thristian and surnames, addresses, and descriptions, the full particulars of
'their claims, a statement of their accounts, and the nature of the securities,
if any, held b. thern, or, in default thereof, they will be peremptorily

excluded from the benefit of the said judgm ent [or order].

Every creditor holding any security is to produce the same before
at his chambers at the Supreme Court in Victoria, Flongkong,
on the day of 19 at o'clock in the
noon, being the time appointed for hearing and adjudicating upon the
claims.
Dated-the day of 19

(Signed.) - Registrar.





FORM NO 48
Cause-Book
CAUSE-BOOK FOR THE YEAR 19




FoRm No. 49. [s. 326A.1

Order for examination of witness in the Colony in virlue Of a
letter of ajoreign courl.
(a) in chambers.
In the matter of the Evidence Ordinance, 1889.


And in the matter f a (civ* or commercial or criminal) proceeding now
pending before (b)

intituled as follows
Between
Plaintiffil
and

Upon reading the affidavit (if any) of filed the day
;of 19 and the certificate of (c)
hat proceedings are pending in the (b)
in (d)

and that such court is desirous of obtaining the testimony of (e)

ordered that the said witness
nd before
hereby appointed examiner herein, at (y)

On the day of 19 ' at o'clock, or such other
ay and time as the said examiner may appoint, and do there submit to be
ned upon oath, or affirmation, touching the testimony so required its
aid, and do then and tlfore producc (h).

And it is further ordered that the said examiner do take down in writin

the evidence of the said witness, or witnesses, according to the rules and t
practice of the Supreme Court pertaining to the examination and cross- d
. awination of witnesses (or as may he otherwise directed) ; and (lo cause
each and every such witness to sign his or her depositions in his, the said
ecsminer's presence ; and do sign the depositions taken in pursuance of this
order and when Bo completed do transmit the same, together with this
order to theRegistrar, Supreme Court, Hongkong, for transmission to the
president of the said tribunal desiring the evidence of such witness or
Witnesses.

Ditted this day of 19
FoRin No. 50. [8. 326A.]

Certificte of Registrar of the Suprerne Court of Hongkong, hereby
certify that the documents annexed hereto are (1) the original order of the
Supreme Court of Hongkong dated the day of 19
made in the matter of pendina in the at in
the of directing the examination of
certain witnesses to be taken before and (2) the
examination and depositions taken by the suid pursuant
to the said order, and duly signed and completed by him on the day
of 19
Dated this day of 19
[Originally No. 5 of 1901. Law Rev. Ord., 1924.] Short title. Interpretation. H.K. Code, s. 2. Action. 36 & 37 Vict.c. 66, s. 100. The bailiff. Cause. Cause of action. H.K. Code, s. 2. [s. 2 contd.] This Code. The Court. The Hongkong Code of Civil Procedure. Judgment. Judgment creditor. Judgment debtor. Indian Code, s. 2. Matter. 36 & 37 Vict.c. 66, s. 100. Originating summons. O. 71, r. 1A. Party. 36 & 37 Vict.c. 66, s. 100. Receiver. O. 71, r. 1. The Registrar. The Registry. Within the jurisdiction. 36 & 37 Vict.c. 66, s. 100. Savings, H.K. Code, s. 3. Limited introduction of English rules. Arrangement of this 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). Schedule. Form No. 1. Preparation and contents of writ. H.K. Code, s. 9(2). O. 5, r. 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 of writ. O.5, r. 13. Sealing and issue of writ. O. 5, r. 11. Writ or notice for service out of jurisdiction. O. 2, r. 4. Alteration in writ. H.K. Code, s. 9(3). Duration and renewal of writ. H.K. Code, s. 9(4). O. 8, r. 1. Evidence of renewal of writ. O. 8, r. 2. Case of lost writ. O. 8, 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. [cf. S. 146 (2).] Schedule. Form No. 2. Right to indorse writ specially in action for immovable property. O. 3, r. 6. Schedule. Form No. 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 indorsed writ. H.K. Code, s. 13 (2). O. 14, r. 5. [cf. S. 135 (3).] Right to indorse writ specially in case of ordinanary account, and procedure thereon. H.K. Code, s. 13 (3). O. 3, r. 8. O. 15. [cf. S. 135 (3).] 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. Schedule. Forms Nos. 3, 4, 5. Filing of copy of originating summons. O. 54, r. 4 B. Appearance to originating summons. O. 54, r. 4 c. Attendance under originating summons. O. 54, r. 4D. Schedule. Form No. 6. Disclosure by solicitor whose name is indorsed on writ. O. 7, r. 1. Change of solicitors. O. 7, r. 3. Prohibition of service on Sunday, etc. H.K. Code, s. 8(1). [cf. No. 5 of 1912, s. 8.] General rule as to mode of service. H.K. Code, s. 8(2). Special modes of service by order of the court. H.K. Code, s. 8(3). O. 10. Service on defendant in public service. H.K. Code, s. 8(4). Service on ccertain corporations. H.K. Code, 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. O. 9, r. 4. Service on lunatic. O. 9, 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. Schedule. Forms Nos. 7, 8. [s. 42 contd.] O. 11, r. 4. O. 11, r. 5. O. 11, r. 6. Schedule. Form No. 8a. O. 11, r. 7. O. 11, r.3. O. 11, r. 8A. [s. 42 contd.] O. 11, r. 8. Schedule. Form No. 8b. Schedule. Form No. 8c. Schedule. Form No. 8e. Schedule. Form No. 8c. Schedule. Form No. 8d. Service of process for foreign court: letter of request. O. 11, r. 9. Schedule. Form No. 8f. O. 11, r. 10. Power to vary order for service. H.K. Code, s. 8(10). Expenses of service by the bailiff. H.K. Code, s. 8(11). Service and return and writ. H.K. Code, s. 10. O. 9, r. 15. H.K. Code, s. 10. Appearance in general. H.K. Code, s. 11. Schedule. Form No. 9. Appearance in case of defendant out of jurisdiction. H.K. Code, s. 11. Cross-action against absent plaintiff. H.K. Code, 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. H.K. Code, s. 12 (3). Procedure on default of appearance to originating summons. O. 13, r. 15. General rules as to joinder of person as plaintiffs. O. 16, r. 1. Case of action commenced in name of wrong plaintiff. O. 16, r. 2. Case of counterclaim where a plaintiff is wrongly joined. O. 16, r. 3. General rules as to joinder of pesons as defendants. O. 16, r. 4. O. 16, r. 5. O. 16, r. 6. Case of plaintiff in doubt as to person from whom he is entitled to redress. O. 16, r. 7. Action by or against trustees, executors, and administrators. O. 16, r. 8. Action for prevention of waster, etc. O. 16, r. 37. Case of numerous person having some interest. O. 16, r. 9. Power to approve compromise in absence of some of the persons interested. O. 16, r. 9. Misjoinder and non-joinder of parties. O. 16, r. 11. Application to add, or strike out or substitute parties. O. 16, r. 12. Procedure where defendant added or substituted. O. 16, 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. O. 16, r. 17. Appointment of guardian 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. Scheudle Form No. 10. Guardian ad litem of infant. O. 16, r. 19. Filing of authority by next friend or relator. O. 16, r. 20. Consent of person under disability to procedure. O. 16, r. 21. Representation of heir-at-law, next of kin, or class. O. 16, r. 32 (a). O. 16, r. 32 (b). Administration at suit of residuary legatee, etc. O. 16, r. 33. Administration at suit of legatee, etc. O. 16, r. 34. Administration at suit of residuary devisee, etc. O. 16, r. 35. Execution of trust at suit of cestui que trust. O. 16, r. 36. Administration at suit of executor, etc. O. 16, r. 38. Conduct of action or proceeding. O. 16, r. 39. Service of notice of judgment in action for administration of estate, etc., and effect thereof. O. 16, r. 40. O. 16, r. 41. O. 16, r. 42. O. 16, r. 43. Schedule. Form No. 11. O. 16, r. 44. Action to execute trusts of will. O. 16, r. 45. Case where no legal personal representative of deceased person interested in matter in question. O. 16, r. 46. Meaning of estate. Ordinance No. 2 of 1897. Right to appear on claim against estate under administration. O. 16, r. 47. Right of defendant to give third-party notice, and filing and service thereof. O. 16, r. 48. Schedule. Form No. 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. O. 16, r. 50. Procedure when third party does not appear, and action is decided in favour of plaintiff. O. 16, r. 51. Application for direction when third party appears. O. 16, r. 52. Schedule. Form No. 13. Directions which may be given when third party appears. O. 16, r. 53. Schedule. Form No. 14. Decision of questions of costs. O. 16, r. 54. Case of defendant claiming contribution or indemnity against co-defendant. O. 16, r. 55. Cause 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. O. 17, r. 2. Continuance of cause by or against successor in title. O. 17, r. 3. Order to carry on proceedings in case of marriage, etc., causing change of interest. O. 17, r. 4. [cf. Ss. 98, 99.] Service of order and effect thereof. O. 17, r. 5. Application to discharge or vary order by person under no disability, etc. O. 17, r. 6. Application to discharge or vary order by person under disability. O. 17, r. 7. Procedure where plaintiff or defendant dies, and person entitled to proceed fails to do so. O. 17, r. 8. Entry of abatement, etc., in Cause-Book. O. 17, 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. Rules as to joinder of other causes of action with action for recovery of immovable property. O. 18, r. 2. Claims by trustee in bankruptcy. O. 18, r. 3. Claims by or against husband and wife. O. 18, r. 4. Claims by or against executor or administrator. O. 18, r. 5. Claims by joint plaintiffs. O. 18, r. 6. Provision as to ss. 106-8. O. 18, r. 7. Remedy of defendant for misjoinder of causes of action. O. 18, rr. 8, 9. Rules of pleading. O. 19, r. 1. Form of pleading. O. 19, r. 4. Signature of pleading. O. 19, r. 4. Particulars to be given in case of misrepresentation, fraud, etc. O. 19, r. 6. Ordering of further and better particulars. O. 19, r. 7. Time for pleading after delivery of particulars. O. 19, r. 8. Plea of not guilty by statute or Ordinance. O. 19, r. 12. Admission of fact not specifically denied. O. 19, r. 13. Condition precedent to be specified in certain cases. O. 19, r. 14. Pleading to raise all grounds of defence or reply. O. 19, r. 15. 29 Car. 2, c. 3. Prohibition of departure in pleading. O. 19, r. 16. Obligation to deal specifically with allegation not admitted. O. 19, r. 17. Joinder of issue. O. 19, r. 18. Evasive denial. O. 19, r. 19. Effect of bare denial of contract, etc. O. 19, r. 20. 29 Car. 2, c. 3. Mode of stating document. O. 19, r. 21. Mode of alleging malice, etc. O. 19, r. 22. Mode of alleging notice. O. 19, r. 23. Mode of alleging contract or relation to be implied from letters, etc. O. 19, r. 24. Presumption of law. O. 19, r. 25. Technical objection. O. 19, r. 26. Striking out or amending of pleading. O. 19, r. 27. Costs of prolix pleading. O. 19, r. 2. Filing of statement of claim. H.K. Code, s. 24 (1). O. 20, r. 1. (b), (c). Schedule. Form No. 15. Description of parties. H.K. Code, s. 24 (1). Claim beyond indorsement on writ. O. 20, s. 4. Mode of stating prayer for relief. O. 20, r. 6. Mode of stating distinct claims. O. 20, 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. H.K. Code, s. 29 (2). Power to stay proceedings where statement of claim is defective. H.K. Code, s. 30. Time for filing statement of defence. H.K. Code, s. 33 (1). Schedule. Form No. 16. Application for extension of time. H.K. Code, s. 33 (1), (2). Filing statement of defence after expiration of time. H.K. Code, s. 33(4), (5), (6). Mode of denying allegations made in statement of claim. H.K. Code, s. 33 (9). O. 21 rr. 1, 2. No denial necessary as to damages. O. 21, r. 4. Costs of allegation improperty denied or not admitted. O. 21, r. 9. Plea of general issue. O. 21, r. 19. Plea in abatement. O. 21, r. 20. Service of statement of defence on plaintiff. Defence of tender before action. O. 22, r. 3. Payment into court in satisfaction of claim, or with denial of liability. O. 22, r. 1. 8 & 9 Will. 3, c. 11. Pleading of payment into court. O. 22, r. 2. Payment into court before defence. O. 22, r. 4. Payment over to plaintiff in certain cases of money paid into court. O. 22, r. 5. Procedure where payment into court is made with denial of defendant's liability. O. 22, r. 6. [cf. s. 153.] Acceptance of sum paid into court before defence. O. 22, r. 7. Payment into court in consolidated action. O. 22, r. 8. Payment into court not to be communicated to the jury. O. 22, 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. H.K. Code, s. 36 (2). Cases in which counterclaim may be allowed, and procedure thereon. H.K. Code, s. 37. Schedule. Form No. 17. Appearance by third party to counterclaim. O. 21, r. 13. Time for reply to counterclaim. O. 21, r. 14. Statement of defence to counterclaim. Continuance of counterclaim. O. 21, r. 16. Filing of reply and subsequent pleadings. O. 23, r. 3. Schedule. Form No. 18. Close of pleadings on default, and default of third party in pleading. O. 27, rr. 13, 14. Pleading matter arising before statement of defence or reply. H.K. Code, s. 63. O. 24, r. 1. Pleading matter arising after statement of defence or reply. O. 24, r. 2. Confession of defence founded on matter arising pending the action. O. 24, r. 3. Abolition of demurrer. O. 25, r. 1. Right of party to raise point of law by pleading, and procedure thereon. O. 25, r. 2. Schedule. Form No. 19. Dismissal of action, etc., on point of law. O. 25, r. 3. Striking out pleading where no reasonable cause of action disclosed, etc. O. 25, r. 4. Declaratory judgment or order. O. 25, r. 5. Amendment of indorsement, etc. O. 28, r. 1. Application for leave to amend. O. 28, r. 6. Right of amendment ex parte. H.K. Code, s. 32 (5). Amendment of statement of claim after defence. H.K. Code, 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. O. 28, r. 10. Correction of clerical mistake in judgment, etc. O. 28, r. 11. General power to amend. O. 28, r. 12. Discovery by interrogatories. O. 31, r. 1. Decision on interrogatories to be delivered. O. 31, r. 2. Schedule. Form No. 20. Costs of interrogatories. O. 31, r. 3. Interrogatories for corporation or company. O. 31, r. 5. Setting aside interrogatories. O. 31, r. 7. Answer to interrogatories. O. 31, r. 8. Schedule. Form No. 21. Objections to interrogatories by answer. O. 31, r. 6. Objection to affidavit in answer. O. 31, r. 10. Order to answer or answer further. O. 31, r. 11. Application for discovery of documents. O. 31, r. 12. O. 31, r. 13. Schedule. Form No. 22. Discovery of specific documents. O. 31, r. 19A. Production of documents. O. 31, r. 14. Inspection of document referred to in pleadings, etc. O. 31, r. 15. Time and lace for inspection when notice for inspection given. O. 31, r. 17. Application for inspection. O. 31, r. 18. Order for verified copies of entries in business book. O. 31, r. 19A. Claim of privilege. O. 31, r. 19 A. Premature discovery or inspection. O. 31, r. 20. Non-compliance with order for discovery or inspection. O. 31, r. 21. Service of order on solicitor. O. 31, r. 22. O. 31, r. 23. Using answer to interrogatories at trial. O. 31, r. 24. Discovery against bailiff. O. 31, r. 28. Discovery by or against infant, etc. O. 31, r. 29. Notice of admission. O. 32, r. 1. Notice to admit document. O. 32, r. 2. Notice to admit fact. O. 32, r. 4. Evidence of admission. O. 32, r. 7. Judgment or order upon admissions of fact. O. 32, r. 6. Evidence of service of notice. O. 32, r. 8. Costs of unnecessary notice. O. 32, r. 9. Preparation of issue of fact. O. 33, r. 1. Order of disposal of issues. H.K. Code, s. 40 (3). Amendment of or addition to issues. H.K. Code, s. 40 (4). General power to direct inquires and accounts. H.K. Code, s. 13 (4). O. 33, r. 2. Giving of special directions as to mode of taking account. O. 33, r. 3. Mode of making up account. O. 33, r. 4. Mode of vouching account. O. 33, r. 4A. Surcharge. O. 33, r. 5. Inquiry as to outstanding personal estate. O. 33, r. 6. Numbering of accounts and inquires. O. 33, r. 7. Rules as to just allowances. O. 33, r. 8. Expediting proceedings in case of undue delay. O. 33, 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. O. 34, 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. O. 34, r. 4. Entry of special case for argument. O. 34, r. 5. Schedule. FormNo. 23. Agreement of parties for payment of money, etc., on decision of special case. O. 34, r. 6. H.K. Code, s. 88. Judgment and execution on decision. O. 34, r. 6. Power for persons interested in question as to contruction of enactment, etc., to concur in stating special case for opinion of the court, and procedure thereon. 13 & 14 Vict.c. 15, ss. 1, 14, 15. Application of Chapter VIII. O. 34, r. 7. Trial of questions of fact agreed upon between parties. O. 34, r. 9. Agreement of parties for payment of moey, etc., on decision of questions. O. 34, r. 10. H.K. Code, s. 88. Judgment and execution on decision. Record of proceedings. O. 34, r. 12. Modes of making interlocutory application. H.K. Code, s. 42. Filing of motion-paper. H.K. Code, s. 43 (1). Schedule. Form No. 24. Terms of motion. H.K. Code, s. 43 (2). Amendment of motion-paper. H.K. Code, s. 43 (3). Affidavits in support of motion. H.K. Code, s. 43 (3). Affidavits in support of motion. H.K. Code, s. 43 (4), (5). Time of moving in case of urgency. H.K. Code, s. 43 (6). Motion to be ex parte or on notice. H.K. Code, s. 43(7). Proceedings on motion ex parte. H.K. Code, s. 43 (8), (9). Power of amendment, etc., at hearing. H.K. Code, s. 43 (10). Power to make order differenc form order asked for. H.K. Code, s. 43 (11). Application to vary or discharge order made on motion ex parte. H.K. Code, s. 43 (12). Procedure where notice of motion served. Return-day of order. H.K. Code, s. 44 (1). Filing of counter affidavits. H.K. Code, s. 44 (2). Non-appearance of person served with order. H.K. Code, s. 44 (3). Appearance of person served with order. H.K. Code, s. 44 (4). General power of the court on hearing. H.K. Code, s. 44 (5). Filing of application for summons. H.K. Code, s. 45 (1), (2). Schedule. Forms Nos. 25, 26. Issue of summons. H.K. Code, s. 45 (3). Proceedings on return-day of summons. H.K. Code, s. 45 (4). Schedule. Form No. 27. Taking of evidence by affidavit. H.K. Code, s. 46 (1). Cross-examination of person making affidavit. O. 38, r. 1. Taking of evidence viva voce. H.K. code, s. 46. Preservation, etc., of subject-matter of disputed contract. O. 50, r. 1. [cf. S. 270.] Sale of perishable goods, etc. O. 50, r. 2. [cf. S. 270.] Detention, preservation, or inspection of property the subject of cause or matter. O. 50, r. 3. [cf. ss. 269, 270.] Inspection by judge. O. 50, r. 4. Inspecion by jury. O. 50, r. 5. Application for order of mandamns, etc. O. 50, r. 6. Ordinance No. 2 of 1901. O. 50, r. 7. Order for recovery of specific property, other than immovable property subject to lien, etc. O. 50, r. 8. Conduct of sale of trust estate. O. 50, 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. H.K. Code, s. 49. O. 27, r. 1. Order for setting down. H.K. Code, s. 48 (1). Order for setting down on application of plaintiff. H.K. Code, s. 48 (2). Order for setting down on application of defendant. H.K. Code, s. 48(3). General power to postpone trial of cause. H.K. Code, 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. H.K. Code, s. 50 (3). Keeping of general trial list and trial paper. H.K. Code, s. 51 (1). Transfer of cause from general trial list to trial paper. H.K. Code, s. 51 (2), (3). Notice to parties of transfer of cause. H.K. Code, s. 51 (4). Taking cause out of turn. H.K. Code, s. 51 (5). Notice of postponement of trial not necessary in certain cases. H.K. Code, s. 51 (6). Order as to mode of trial. H.K. Code, s. 53 (2), (3). Right to trial by jury in action of libel, etc. O. 36, r. 2. Trial without jury. O. 36, r. 3. O. 36, r. 4. O. 36, r. 5. Order for trial with jury. O. 36, r. 6. Mode of trial in cases not expressly provided for. O. 36, r. 7. Provision for different modes of trial for different questions. O. 36, 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. H.K. Code, s. 61 (1). Default of appearance by plaintiff. H.K. Code, s. 61 (2). Default of appearance by defendant. H.k. Code, s. 61 (3). Adjournment for further service. H.K. Code, s. 61 (4). Procedure where no statement of defence filed. H.K. Code, s. 33 (3). Trial ex parte. H.K. Code, s. 61 (5). Re-trial of cause for absent defendant in certain cases, H.K. Code, s. 61 (6). Procedure where cause struck out for absence of plaintiff. H.K. Code, s. 61 (7). Default of appearance by plaintiff a second time. H.K. Code, s. 61 (8). O. 36, r. 32. General order of proceedings at trial of cause. H.K. Code, s. 62 91)-(10). Notes of evidence. H.K. Code, s. 61 (11). Remarks on demeanour of witness. 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. H.K. Code, s. 62 (15). Reading of documentary evidence. H.K. Code, s. 62 (16). Marking and disposal of document put in evidence. H.k. Code, s. 62 (17). Amendment of pleadings to correspond with evidence. H.K. Code, s. 62 (18), (19). Evidence in mitigation of damages in action for libel or slander. O. 36, r. 37. Power to the court to direct non-suit, etc. H.K. Code, s. 65 (1)-(4). Withdrawal of plaintiff from action. H.K. Code, s. 66 (1). Settlement of action by mutual agreement, etc. H.K. Code, s. 66 (2), (3). Existing rules of evidence. H.K. Code, s. 54 (1). Taking and use of evidence de bene esse. H.K. Code, s. 57 (1), (2). O. 37, r. 5. Letter of request. O. 37, 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. O. 37, r. 8. Copy of pleadings for examiner. O. 37, r. 10. Cusody of deposition taken on examination. Report of examination, and proceedings thereon. O. 37, r. 17. Procedure for obtaining evidence in the Colony for use in foreign tribual. O. 37, rr. 54-60. Ordinance No. 2 of 1899. 33 & 34 Vict.c. 52. [s. 326A contd.] Schedule. Form No. 49. Schedule. Form No. 49. Ordinance 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. H.K. Code, s. 56 (7). Presumption in favour of affidavits purporting to have been sworn abroad. H.K. Code, 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. H.K. Code, s. 56 (11). Filing and use of originally affidavit. H.K. Code, s. 56 (120. Receiving evidence by affidavit. H.K. Code, s. 54 (2). Power to admit affidavit of person not cross-examined. H.K. Code, s. 55 (3). Order of court of admission of affidavit. H.K. Code, s. 55 (4). Rules as to examination of witnesses. H.K. Code, 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. H.K. Code, 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. H.K. Code, s. 67 (10). Rules as to awarding of interest in judgment. H.K. Code, s. 67 (6). Payment of judgment debt by instalments. H.K. Code, 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 award 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. H.K. Code, 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. H.K. Code, s. 94 (3). Security for costs. H.K. Code, s. 94 (4). O. 65, r. 6A. O. 65, r. 6. O. 65, r. 7. Effect of failure of plaintiff to give security for costs. Indian Code, s. 381. Set-off for costs. Indian Code, s. 221. Interest on costs. Payment of costs out of subject-matter. Indian Code, 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. H.K. Code, s. 70 (1). Judgment for money. H.K. Code, s. 70 (3). Judgment for money against representive of deceased person. H.K. Code, s. 70 (5). Judgment for specific movable or for specific performance of contract or act. H.K. Code, s. 70 (2). Judgment for execution of deed or indorsement of negotiable instrument. H.K. Code, s. 70 (4). Case of surety for performance of judgment. H.K. Code, s. 70 (6). Order for or against person not a party. O. 42, r. 26. Description of property liable to attachment and sal ein execution of judgment. H.K. Code, s. 70 (7). Payment of moneys into court. H.K. Code, s. 70 (8). Period within which execution may issue. O. 42, r. 20. Evidence of renewal of writ. O. 42, 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 immediate execution. H.K. Code, s. 71. Procedure in case of order for immediate execution. Filing of prceipe for writ of execution. H.K. Code, s. 72 (1). O. 42, r. 12. Schedule. Form No. 28. Note of application for execution. H.K. Code, s. 72 (6). Application for leave to issue exection in certain cases, and proceedings thereon. H.K. Code, s. 73. O. 42, r. 23. [cf. S. 100.] Application for leave to issue executionby 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. H.K. Code, 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. H.K. Code, s. 75 (1), (4). Schedule. Form No. 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. H.K. Code, s. 75 (6). Levy of execution on judgment for money. H.K. Code, s. 76 (1). Schedule. Form No. 30. Attachment of movable property. H.K. Code, s. 76 (2), (3). Schedule. Form No. 31. Attachment of immovable property. H.K. Code, s. 76 (4). Schedule. Form No. 32. Attachment of shares in public company. H.K. Code, s. 76 (5). Attachment of negotiable instrument. H.K. Code, s. 76 (7). Attachment of property in custody of public officer. H.K. Code, s. 76 (6). Attachment of property in custodia legis. H.K. Code, s. 76 (6). Service of prohibitory order. H.K. Code, s. 76 (8). Ordinance No. 1 of 1844. Nullity of alienation, etc., of property after attachment. H.K. Code, s. 76 (9). Payment of money or proceeds of property attached to judgment creditor. H.K. Code, s. 76 (11). Appointment of manager of immovable property attached. H.K. Code, 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. H.K. Code, s. 76 (14). Order for attachment of debts due to judgment debtor. O. 45, r. 1. Schedule. Forms Nos. 33, 34. Effect of service of order of attachment. O. 45, r. 2. Payment into Court by garnishee. H.K. Code, s. 76 (10). Issue of execution against garnishee. O. 45, r. 3. Schedule. Form No. 35. Trial of question of liability of garnishee. O. 45, r. 4. Claim or lien of third person to or on debt, and proceedings thereon. O. 45, 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. H.K. Code, 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 the bailiff of claim to movable property taken in execution. O. 57, r. 16. Withdrawal by the bailiff on admission of claim. O. 57, 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. H.K. Code, 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. H.K. Code, s. 78 (4). Granting of certificate to purchaser when sale of immovable property becomes absolute. H.K. Code, s. 78 (5). Ordinance No. 1 of 1844. Delivery to purchaser of immovable property sold in execution. H.K. Code, s. 78 (8), (9). Procedure where resistance is offered to purchaser of immovable property sold in execution. H.K. Code, s. 78 (13), (14). [cf. S. 396.] Delivery to purchaser of movable property sold in execution. H.K. Code, s. 78 (6), (7). Prohibitory order in case of debts and shares sold in execution. H.K. Code, s. 78 (10). Negotiable instruments. H.K. Code, s. 78 (11). Execution of transfer of share, etc. H.K. Code, s. 78 (12). Duration of imprisonment for debt. H.K. Code, s. 79 (3). Subsistence allowance to prisoner for debt. H.K. Code, 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. H.K. Code, s. 79 (3). Recovery of amount of subsistence money. H.k. Code, s. 79 (4). Application of prisoner for debt for discharge. H.K. Code, s. 79 (5), (6). Schedule. Form No. 36. Schedule. Form No. 37. Effect of discharge of prisoner for debt. H.K. Code, s. 79 (7). Order on person disobeying judgment toshow cause why he should not be punished. H.K. Code, s. 81 (1), (2). Service of orde, etc. H.K. Code, s. 81 (3). Proceedings on return-days of order. H.K. Code, s. 81 (4). Enlargement of time for return to order; conditional order of committal. H.K. Code, s. 81 (5). Duration of detention of person committed. H.K. Code, s. 81 (6). Power to order act direcdted 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. H.K. Code, s. 82 (2). Schedule. Form No. 38. Meaning of absence from the Colony. H.K. Code, s. 82 (3). Bond by plaintiff before issue of writ. H.K. Code, s. 82 (4), (5). Schedule. Form No. 39. Court may order issue of writ before execution of bond. H.K. Code, s. 82 (5). Movable property. H.K. Code, s. 82 (6). Priority of writs. H.K. Code, s. 82 (7). Attachment of property in custody of public officer. H.K. Code, s. 82 (8). Attachment of property in custodia legis. H.K. Code, s. 82 (8). Effect of service of writ on garnishee as regards movable property. H.K. Code, s. 82 (11). Execution of writ against property. H.K. Code, s. 82 (9). Ordinance No. 1 of 1844. Effect of registration of memorial of writ on immovable property. H.K. Code, s. 82 (10). Sale of movable property attached under writ. H.K. Code, s. 82 (12). Punishment of garnishee disposing, without leave, of property attached. H.K. Code, s. 82 (13). Seizure of attached property in danger of being removed, etc. H.K. Code, s. 82 (14). Publication of notice of issue of writ. H.K. Code, s. 82 (15). Service of notice of writ on defendant, H.K. Code, s. 82 (16). Filing of statement of claim, and proceedings thereafter. H.K. Code, s. 82 (17). Proceedings at trial of action. H.K. Code, 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 serveral claims to property attached. H.K. Code, s. 82 (23). Staying proceedings against garnishee. H.K. Code, s. 82 (24). Giving leave to defendant to defend action, s. 82 (25). Application by defendant to dissolve attachment. H.K. Code, 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. H.K. Code, s. 82 (28). Mode of preferring claim against Government. H.K. Code, s. 83 (1). 23 & 24 Vict.c. 34. Commencement of action. H.K. Code, s. 83 (2). Consent of Governor and procedure thereafter. H.K. Code, s. 83 (3). Service of documents in action. H.K. Code, s. 83 (4). Procedure where judgment given against Government. H.K. Code, 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. O. 48A, r. 2. Service on partners sue in name of firm. O. 48A, r. 3. Notice of capacity in which person is served. O. 48A, r. 4. Appearance of partners. O. 48A, r. 5. Manager served need not appear. O. 48A, r. 6. Appearance under protest of person served as partner. O. 48A, r. 7. Execution of judgment against firm. O. 48A, r. 8. Attachment of debts owing from firm. O. 48A, r. 9. Application of Chapter XIX to actions between co-partners. O. 48A, 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). Assigment of counsel and solicitor to consider case. H.K. Code, s. 86(1). O. 16, r. 23. Order for admission to sue or defend as pauper. H.K. Code, s. 86(1). O. 16, r. 24. Assignment of counsel and solicitor to assist pauper. O. 16, 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. O. 16, r. 26. Punishment of person taking fee from pauper. O. 16, 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. O. 16, rr. 29, 30. Service of writ of summons in case of vacant possession. O. 9, r. 9. Action for recovery of immovable property to the Crown. Appearance by person in possession. O. 12, r. 25. Appearance by landlord. O. 12, r. 26. Procedure where person not named as defendant appears. O. 12, r. 27. Limitation of defence to part of property. O. 12, 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 of rent. 15 & 16 Vict.c. 76, s. 210. Limitation of right of lessee to relief on equitable grounds. 15 & 16 Vict.c. 76, s. 211. Discontinuance of proceedings in ejectment on payment of rent and costs. 15 & 16 Vict.c. 76, s. 212. Ejectment by landlord against tenant holding over after expiration or term of determination of tenancy by notice to quit. 15 & 16 Vict.c. 76, 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. 15 & 16 Vict.c. 76, s. 215. Right of plaintiff to claim mandamns by indorsement or wirt. H.K. Code, s. 85 (1). Setting forth of grounds for mandamns in statement of claim. H.K. Code, c. 85 (2). Proceedings in action claiming mandamns. H.K. Code, s. 85 (3). Issue of peremptory writ of mandamus. H.K. Code, s. 85 (4). Nature of writ and return thereon. H.K. Code, 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 pregrogative writ. 17 & 18 Vict.c. 15, s. 77. Cases in which relief by interpleader granted. O. 57, r. 1. Matters to be proved by applicant. O. 57, r. 2. Schedule. Form No. 40. Adverse titles of claimants. O. 57, r. 3. Application by defendant. O. 57, r. 4. Summons by applicant. O. 57, r. 5. Stay of action. O. 57, r. 6. Order upon summons. O. 57, r. 7. Disposal of claims in summary manner. O. 57, r. 8. [cf. S. 535.] Decision of question of law. O. 57, r. 9. Failure of claimant to appear or refusal to comply with order. O. 57, r. 10. Finality of order. O. 57, r. 11. [cf. No. 27 of 1912.] Application of Chapters VI and XII. O. 57, r. 13. General powers to the Court in interpleader proceedings. O. 57, r. 15. Interpretation of submission. 52 & 53 Vict.c. 49, s. 27. Effect of submission. 52 & 53 Vict.c. 49, s. 1. Provisons implied in submission. 52 & 53 Vict.c. 49, s. 2. and First Schedule. Power of the 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. 52 & 53 Vict.c. 49, s. 6. Powers of arbitrator or umpire and procedure on reference. 52 & 53 Vict.c. 49, s. 7. O. 36, r. 48. O. 36, r. 49. O. 36, r. 50. O. 36, r. 51. O. 36, r. 53. Suing out of subpoena. 52 & 53 Vict.c. 49, s. 8. Enlargement of time for making award. 52 & 53 Vict.c. 49, s. 9. Remitting of award. 52 & 53 Vict.c. 49, s. 10. Misconduct of arbitrator or umpire. 52 & 53 Vict.c. 49, 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 of 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. 52 & 53 vict.c. 49, s. 14. Powers of referee, and procedure on reference. 52 & 53 Vict.c. 49, s. 15 (1). O. 36, r. 48. O. 36, r. 49. [s. 553 contd.] O. 36, r. 50. O. 36, r. 51. O. 36, r. 52. O. 36, r. 53. O.36, r. 54. O. 36, r. 55. O. 36, r. 55B. Judgment to be entered by referee. O. 40, r. 2. Setting aside judgment of referee. O. 40, r. 6. Effect of report or award. 52 & 53 Vict.c. 49, s. 15 (2). Remuneration of referee, etc. 52 & 53 Vict.c. 49, s. 15 (3). Powers of the court as to reference. 52 & 53 Vict.c. 49, s. 16. Compelling attendance of witness before reference, etc. 52 & 53 vict.c. 49, s. 18. Statement of special case pendin reference. 52 & 53 Vict.c. 49, s. 19. Costs. 52 & 53 Vict.c. 49, s. 20. Punishment for prejury. 52 & 53 Vict.c. 49, s. 22. The Crown to be bound by Chapter XXIV. 52 & 53 Vict.c. 49, s. 23. Application of Chapter XXIV to references under statutory powers. 52 & 53 Vict.c. 49, s. 24. Application for taking security for appearance 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. H.K. Code, s. 16(2). Schedule. Forms Nos. 41, 42. Showing cause, and procedure thereon. H.K. Code, s. 16 (3), (4). Schedule. Form No. 43. Schedule. Form No. 44. Release or committal to custody of defendant. H.K. Code, s. 16 (5). Subsistence of 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. H.K. Code, 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). Schedule. Form No. 45. Showing cause, and procedure thereon. H.K. Code, 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. H.K. Code, s. 17 (7). Power to award limited compnsation to defendant for unjustifiable attachment. H.K. Code, s. 17 (8). Arrest and detention of ship in special circumstances. H.K. Code, s. 19 (1). Release of ship under detention. H.K. Code, s. 19 (3). Power to award limited compensation for unjustifiable arrest and detention. H.K. Code, s. 19 (2). Granting of injunction to stay waste, damage, or alienation of property. H.K. Code, s. 18 (1). Granting of injunction to restrain breach of contract or other injury. H.K. Code, s. 18 (2). Giving notice of application for injunction. Indian Code, s. 494. Effect of injunction directed to company or corporation. Indian Code, s. 495. Discharge, etc., of order for injunction. Indian Code, 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. O. 50, r. 16. Adjournment of order for receiveer into chambers for giving of security. O. 50, r. 17. Fixing of times for leaving and passing accounts and paying balances. O. 50, r. 18. Leaving and passing account. O. 50, r. 20. Proceedings on default made in leaving or passing account, etc. O. 50, r. 21. [cf. No. 47 of 1912.] Appeal from decisions. Ordinance No. 3 of 1873. Motions for new trial to be heard by Full Court. 53 & 54 Vict.c. 44, s. 1. General power to order new trial. H.K. Code, s. 68(1). Application for new trial. H.K. Code, s. 68 (2)-(4). O. 39, r. 3. Grounds for granting or refusing new trial. H.K. Code, s. 68 (7). O. 39, r. 6. O. 39, r. 8. Power to order new trial on any one question. O. 39, 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 ordered. Right to jury on second trial. H.K. Code, s. 68 (5), (6). Recording of grant of application for new trial. H.K. Code, 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 re-hearing on motion. O. 58, r. 1. Service of notice of motion for appeal, etc. O. 58, r. 2. Length of notice. O. 58, r. 3. General powers of the Full Court. In hearing appeal. O. 58, r. 4. Power to order new trial. O. 58, r. 5. Power as to costs. O. 58, r. 4. Notice of appeal by respondent. O. 58, r. 6. length of notice by respondent. O. 58, r. 7. Setting down appeal. O. 58, r. 8. Evidence on appeal as to question to question of fact. O. 58, r. 11. Transcript of proceedings. Evidence as to driection of or questions by judge. O. 58, r. 13. Interlocutory order not to rejudice appeal. O. 58, r. 14. Stay of proceedings. O. 58, r. 16. Mode of making incidental application. O. 58, r. 18. Interest where execution delayed by appeal. O. 58, r. 19. Counsel in chambers. O. 55, r. 1A. Course of proceeding in chambers. O. 55, r. 37. Entry of summons in Summons Book. O. 55, r. 38. Determination on originating summons of question relating to estate of deceased person or to express trust. O. 55, r. 3. [cf. S. 636.] Order on originating summons for administration of estate or of trust. O. 55, r. 4. Persons to be served with originating summons. O. 55, r. 5. Service on other person, O. 55, r. 6. Evidence in support of application. O. 55, r. 7. Judgment upon summons. O. 55, r. 8. Carriage and service of judgment. O. 55, r. 9. Right of the court to refuse to order administration. O. 55, 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. O. 55, r. 12. Application by summons under Trustees Ordinance, 1901. Ordinance No. 5 or 1901. O. 55, r. 13A. Application in chambers for relief relating to charity with annual incomne 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. 3, c. 101. 16 & 17 Vict.c. 137, s. 43. 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 generally. O. 51, r. 1. Right of mortgagor in ejectment by mortgagee to pay mortgage money, etc., and to have reconveyance. 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, fore-closure, etc. O. 55, r. 5A. Persons to be served with summons. O. 55, r. 5 B. Power to judge to obtain assistance of accountant, etc. O. 55, 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. O. 55, r. 27. Classifying interests of parties. O. 55, r. 40. Court may require separate solicitor to represent parties. O. 55, r. 41. Attendant of parties not directed to attend. O. 55, r. 42. Drawing up of order stating parties who have been directed to attend. O. 55, r. 43. Exclusion of claimants not coming to prove within time fixed. O. 55, r. 44. Number of advertisements. O. 55, r. 45. Advertisement for claimants. O. 55, r. 46. Schedule. Form No. 46. Advertisement for creditors. O. 55, r. 46A. Schedule. Form No. 47. Particulars of advertisement. O. 55, r. 47. Non-necessity of attendance, etc., by creditor. O.55, r. 49. Duty of creditor to produce security, and evidence of debt. O. 55, r. 50. Creditor refusing to produce security, etc. O. 55, r. 51. Examination and verification of claims. O. 55, r. 52. Postponement of affidavit. O. 55, r. 53. Adjournment of hearing of claims. O. 55, r. 54. Adjudication on claims. O. 55, r. 55. Notice to creditor of claim allowed or not allowed. O. 55, r. 56. Claims after expiration of time fixed. O. 55, r. 57. Costs of creditor establishing debt. O. 55, r. 58. List of claims allowed. O. 55, r. 59. Service of notice to claimant or creditor. O. 55, r. 61. Computation of interest on debt carrying interest. O. 55, r. 62. Allowance of interest on debt not carrying interest on debt not carrying interest. O. 55, r. 63. Interest on legacy. O. 55, r. 64. Nature of certificate. O. 55, r. 65. Reference in certificate to judgment, etc. O. 55, r. 66. Contents of certificate in case of account. O. 55, r. 68. Taking opinion of the court. O. 55, r. 69. Effect of certificate. O. 55, r. 70. Application to discharge or vary certificate. O. 55, r. 70. Power to discharge or vary certificate. O. 55, r. 71. Further consideration of matter originating in chambers. O. 55, r. 72. Keeping of notes or proceedings in chambers. O. 55, r. 73. Drawing up and entering or order. O. 55, r. 74. Evidence of order. O. 55, r. 74A. Delegation of powers and duties. Appointment of sittings. H.K. Code, s. 52 (2). General publicity of sitting. H.K. Code, s. 52 (3). Order of business at sitting. H.K. Code, s. 52 (4). Sealing and filing of documents. H.K. Code, s. 96. Keeping of Cause-Book. H.K. Code, s. 6. Schedule. Form No. 48. General power of adjournment. H.K. Code, s. 90. O. 36, r. 34. Power to allow income of property, pendent lite. O. 50, r. 9. Proceedings for limiting ship-owner'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. O. 70, r. 2. Statement of grounds of application. O. 70, r. 3. Costs on dismissal of summons to set aside proceeding. O. 70, 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. Ordinance No.5 of 1912. Ordinance No.5 of 1898. Appointment of commissioners for oaths. 16 & 17 Vict. C.78, ss. 1-5; 52 & 53 Vict. C. 10, s.2. Application for leave to issue writ to attachment. O.44, r.2. Effect of writ of attachment. O.44, r.1. Privilege of judicial officer from arrest. Indian Code, s.642. Saving of certain provisions of 8 & 9 Will. 3, c.11. General mode of publishing notice. H.K.Code, s.97. Forms. H.K.Code, s.98. Schedule. R.S.C., 1883. App. A, Part I, No.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. R.S.C., 1883. App. A, Part I, No.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. R.S.C., 1883. App. A, Part I, No.1. (1)If the question to be determined arises in the administration of an estate or a trust, entilte it also in the matter of the estate or trust. (2)State concisely the nature of the claim. (3)State the questions. R.S.C., 1883. App. K, No. 1B. (1) State the object of the application. R.S.C., 1883. App. K, No. 1H. (1) State the object of the application. R.S.C., 1883. App. K, No.1F. (1) Insert the name of the defendant or respondent. R.S.C., 1883. App.A, Part I, No.5. R.S.C., 1883. App. A, Part I, No.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. R.S.C., 1883. App. A, Part I, No.9. R.S.C., 1883. App. A, Part I, No.10A. R.S.C., 1883. App. A, Part I, No.10B. R.S.C., 1883. App. A, Part I, No. 10C. R.S.C, 1883. App. K, No.20A. R.S.C., 1883. App. A, Part II, No. 1. R.S.C., 1883. App. A, Part II, No.1. R.S.C. 1883. App. A, Part II, No.8. R.S.C., 1883. App.G, No.28. R.S.C., 1883. App.B, Part II, No.1. R.S.C., 1883. App. K, No. 4E, 1. R.S.C., 1883. App. K, No.4F. (1) Mention the judge. R.S.C., 1883. App.E, Sec. II. R.S.C., 1883. App. E, Sec. II. R.S.C., 1883. App. E, Sec. II. R.SS.C., 1883. App. E, Sec. II. R.S.C., 1883. App. E, Sec. III. No.1. R.S.C., 1883. App. B, Part II. No.6 R.S.C., 1883. App. B, Part II, No.7. R.S.C., 1883 App. B, Part II, No.8. R.S.C., 1883. App. G, No. 25. R.S.C., 1883. App. B, Part II, No. 18. (1) State the object of the motion. (1) State the object of the application. (1) State the object of the application. R.S.C., 1883. App. K, No.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. R.S.C., 1883. App. B, Part II, No.25. (1) Insert name, address, and description of garnishee. R.S.C., 1883. App. K, No.39. (1) Mention the judge. R.S.C., 1883. App. K, No.40. (1) Mention the judge. (1) Mention the judge. R.S.C., 1883. App. B, Part II, No.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. R.S.C., 1883. App. L, No.2. R.S.C., 1883. App. L, No.3. (a) Name of judge. (b) Description of foreign tribunal. (c) 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 examintion. (h) Description of documents, if any, required to be produced.