CODE OF CIVIL PROCEDURE ORDINANCE

CODE OF CIVIL PROCEDURE ORDINANCE

No. 3 of 1901.

An Ordinance to establish a Code of Civil Procedure.

[1st July, 1901.]

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

2. In this Ordinance,

(a) ' Action ' means a civil proceeding commenced by writ of summons
or in such other manner as is prescribed by this Code;

As amended by Law Rev. Ord., 1937.
amended by Law Rev. Ord., 1939.





(b) ' The bailiff ' means a bailiff of the court and includes
any person lawfully authorized to execute the process of the
'court ;

(c) ' Cause' means any action, suit or other original,pro-
ceeding 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 shall be deemed to have arisen within the jurisdiction if
the contract was made therein, though the breach may have
occurred elsewhere, and also if the breach occurred within the
jurisdiction, though the contract may have been made elsewhere;

(e) This Code means the Code of. Civil Procedure
established by this Ordinance;

The court ' means the Supreme Court and includes
the Chief justice and any other judge, sitting separately, in
court or in chambers;

(g) 'The Hong Kong Code of Civil Procedure' means
the Code of Civil Procedure established by Ordinance No. 13
Of 1873, and repealed by Ordinance. No. 6 of 1901 (both as
numbered before 20th July, 1904) ; 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 favour
a judgment or order capable of execution has been given or
made, and includes any person to whom such judgment or order
has been transferred;

(i) ' 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;

Date of coming into force of the edition of the Ordinances prepared by
Sir John Carrington.





(l) ' 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, although not named on the. record;

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

(o) The Registrarmeans the Registrar of the court;

(p) The Registrymeans 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, further or other-
wise than is herein expressly enacted in that behalf; or

(2) the practice or procedure of the court prescribed by any
enactment relating to-.

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

(b) the incorporation, regulation and winding up of com-
panies'and other associations.

4. In all cases with respect to which no provision is made
by this Code, the Rules of Practice for the time being in fore
in the Supreme Court in England shall be deemed to be in
force in the court, subject to their applicability and with such
modifications as the circumstances may require.

Provided that where any subject dealt with in such Rules
of Practice is provided for wholly or in part in this Code, the
English rule shall be deemed not to be in force in the court.

* As amended by Law Rev. Ord., 1937.





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

PART I-ACTIONS IN GENERAL.
Chapter I- Institution of action [sections 7 to 53].
Chapter II- Parties [sections 54 to 102].
Chapte III- Joinder of causes of action [sections io3
to 110]
Chapter IV.- Pleadings [sections 111 to 177].
Chapter V.- Amendment. [sections 178 to 186].
Chapter VI.- Discovery, Inspection and Admissions
[sections 187 to 216].
Chapter VII.- Issues, Inquiries and Accounts [sections
217 to
Chapter VIII- Special ease, [sections 229 to 237].
Chapter IX- Issues of fact without pleadings [sec-
tionS 238 to 241].
Chapter X.- Interlocutory proceedings [Sections 242
to 276].
Chapter XI- Preliminaries of trial [sections 277 to
295].
Chapter XII- Trial [sections 206 to 317].
Chapter XIII- Evidence [sections 318 to 344].
Chapter XIV- judgment [sections 345 to 358].
Chapter XV - Costs [sections 359 to 368].
Chapter XVI.- Execution [sections 369 to 451].

PART II-SPECIAL ACTIONS AND PROCEEDINGS.
Chapter XVII- Foreign attachment [sections 452 to 477].

Chapter XVIlI- Action by or against the Government
[sections 478 to 482].
Chapter XIX.- Action by or against firm, etc. [sections
483 to 493].
Chapter XX.- Action by or against pauper [sections
494 to 502].
Chapter XXI- Action for recovery of immovable
property [sections 503 to 516].
Chapter XXII- Mandamus [sections 517 to 524].
Chapter XXIII- Interpleader [sections 525 to 537.]
Chapter XXIV - Reference to arbitration [sections 538 to
564]

As amended by Law Rev. Ord., 1939.





PART III-PROVISIONAL REMEDIES.
Chapter XXV.- Arrest and attachment before' judgment
[sections 566 to 580]
Chapter XXVI.- Temporary injunction rsections 581 to
586].
Chapter XXVIL- Receiver [sections 587 to 593].

PART. IV.-APPEALS.
Chapter XXVIIL-Appeal to the Full Court [sections 595
to 622].

PART V.-MISCELLANEOUS.
Chapter XXIX.-. Business in chambers. [sections 624 to

Chapter XXX.-. Various provisions [sections 686 to 709].

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 prescribed.

PART I.

ACTIONS IN GENERAL.

CHAPTER I.

INSTITUTION OF ACTION.

Writ of summons.

7. Subject to the provisions hereinafter contained with
.respect to the institution of special actions arid. proceedings, every
action in the court shall be commenced, by a writ. of summons.

8-(1) The writ shall be prepared..by the plaintiff or his
solicitor. It shall be written or printed, or partly written and
partly ptinted, 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, or of which
noticip is to be given. out of the prisdiction, shall be issued
without the leave, of the court.

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

15.-(1) If service of the writ has not been effected within
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 for a further period not exceeding six
months at one time.

(2) A writ so renewed shall remain in force and be available
to prevent the operation bf 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 purportiAg 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 commence-
ment of the action as on the date of the original issue of the
writ.





17. Where a writ of summons of which production is neces-
sary has been lost, the court, on being satisfied of the, loss and
of the correctness of a copy of the writ, may order that such copy
shall be sealed and served and have effect in lieu of the original
writ.

18. Nothing hereinbefore contained with respect to a writ
of summons shall be deemed to apply to.proceedings which may
now be heard on petition without preliminary service on any
party, but all petitions shall be subject to the rules hereinafter
contained with respect to pleading and to the form and contents
of a statement of claim, so far as they are applicable to the
subject-matter thereof.

Specially indorsed writ.'.

19. In any action where the plaintiff seeks only to recover a
debt or liquidated demand in money' payable by the defendant,
with or without interest, arising-

(i) on a contract, express or implied (as, for instance, on
a bill of exchange, promissory note, or chequ, or other simple
contract debt) ; or
(2) on a bond or contract under seal for payment of a
liquidated amount of, money; or
(3) on any enactment where the sum sought to be recovered
is a fixed sum of money or in the nature of a debt other than
a penalty; or
(4) on a guarantee, whether under seal or not, where the
claim against the principal is in respect of a debt or liquidated
demand only; or
(5) on a trust,
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.

20. In any action for the reCovery of immovable property,
with or without a claim for rent or mesne profits, by a landlord
against a tenant whose term has expired or has been dul deter- ly
mined 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 indorsement, besides stating the nature
of the claim, shall state the amount claimed for debt or in
respect of.such demand, and for any interest thereon payable
by law or under any contract, express,or implied, and for costs
respectively, and shall further, state that, on payment thereof
within four days after service, or, in case 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 be disallowed,
the plaintiff's solicitor shall pay the costs of taxation.

21A. Where an action for the recovery of money lent by
a money-lend or for the enforcement of any agreement or
security relating to any such money is brought by the lender
or an assignee, the indorsement on the writ shall state in addition
to any other particulars the fact that at the time of making the
loan or contract the plairitiff or (in an action by an assignee)
the original assignor was a registered money-lender under the
Money-lenders Ordinance, 1911, and if, the writ be specially
indorsed under section 19, shall also state-
(a) the, date on whicIf the loan was made', or where the
action is brought on 'an agreement or security given in con-
sideration of: the, renewal of former loans, the date on which
each such loan was made;
(b) the amount actually lent to, the borrower;
(c) the rate of interest charged on the amoun,t actually
lent;

(d) the amounts paid by, way of interest and the periods
in respect of which and the dates on which each such payment
was made;

(e) the amount of principal repaid and the date or dates of
payment;
(f) every other amount paid by the borrower to the lender
in respect of the loan or loans as the case may be, whether as
premium or otherwise;
(g) the amount of principal due and unpaid; and
(h) the amount of interest due and unpaid.

As amended by Law Rev. Ord., 1939.





22. In default of appearance to a specially indorsed writ, the
plaintiff, on satisfying the court that the writ was duly served,
shall be entitled to judgment for any sum not exceeding the sum
indorsed on the writ, together with interest at the rate specified, if
any, or if norate is specified, at the rate fixed by the court, to
the date of judgment, and costs, ot that the person whose title is
asserted in the writ shall recover possession,of the immovable
property, and costs: Provided that in actions by amoney-lender
or an assignee for the recovery of, money lent by the money-lender,
or the enforcement of any agreement or security - relating to any
such money, the court may exercise the powers of the 'court
under sub-section (i) of section 2 of the Money-lenders Ordin-
ance, 1911: Provided also 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 non-appearance, and
disclosing a defence on the merits..

23.-(1) Where the defendant appears to a specially in-
dorsed writ, the plaintiff may, on filing an affidavft 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 terms and conditions, if any, As may
be just.

(3) If it appears to the court that any defendant 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 permitted to defend,
and the plaintiff may be allowed to proceed to judgment and
execution against the lhtter, 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
account, where nothing more is required in the first instance
than an account, the, writ may be specially indorsed with a claim

* As amended by Law Rev. Ord., 1939.





for such account, and in default of appearance, or after appear-
ance, unless the defendant satisfies the court that there is really
some preliminary question to be tried,. an order for the proper
account, with all necessary inquiries and directions now usual
in similar cases, shall be made forthwith.

(2) The application for such order shall be made by sum-
mons and be supported by an affidavit, when necessary, filed
on beKalf of the plaintiff' stating concisely the grounds of his
claim to an account. The application may. be made at any time
after the time for entering an appearance has expired.

Concurrent 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
it 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 w.rit in the action may
be in force.
(2) A writ for service within the jurisdiction may be issued
and marked as a concurrent writ with one for'service, or whereof
notice in lieu of service is to be given, out of the jurisdiction ;
and a writ for service, or whereof notice in lieu of service is to
be given, out of the. jurisdiction, may be issued and marked as
a concurrent writ with one for servicef within the jurisdiction.

Originating summons.

26. An' originating su minions shall be prepared by the ap-
plicant or his solicitor, and shall be signed by the Registrar
and sealed with the seal of the court, and shall thereupon be
deemed to be issued.

27. The applicant or his solicitor shall leave with the Regis-
trar 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 an originating summons
shall, before he is lleard, enter an appearance in the Registry.





(2) A party so served may appear at any 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 summons.

29.-(1) The day and hour for attendance under an originat-
ing summons shall, after appearance, be fixed by notice, sealed
with the seal of the court.
(2) The notice shall be servedon the defendant Or res-
pondent by delivering a copy thereof at the address for service
named in the memorandum of appearance of such defendant or
respondent not less than four days before the return-day.

Provisions relating to solicitors.

30.-(1) Elvery solicitor whose name is indorsed on a writ
of summons shall, on demand in writing made by or on behalf
of any defendant who has been served therewith or has appeared
thereto, declare forthwith in writing 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,, without
an order for that. purpose, upon notice in writing of such, change
being filed in the Registry; but until such notice is filed and
a copy thereof served on the opposite party, the former solicitor
shall be considered the solicitor of the party until the conclusion
of the cause or matter.

Service of process in general.

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

33. Unless in any case the court thinks it proper otherwise





to direct, service shall be personal, that is, the document to be
served shall be delivered to the person to be served: Provided
always.that where the duly authorized 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.

34-(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 court may
order that service be effected-

(a) by delivery of the document to be served, together with
the.order 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 some agent within the Colony of
the person to be served, or to some other person within the
Colony through whom it appears to the court that there is a
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 6n 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 may transmit
a copy of the document to be served to the head of the depart-
ment 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 com-
pany 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
OfEce im the Colony, authorized 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. Wii en the action or other proceeding is against a hus-
band 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
whom the infant resides or tinder whose care he is: Provided
that the court may order that service made or to be made on the
infant 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 unsound mini resides or under whose care he is.

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

Service out of the itt-risdictioit.

42.-(1) Service out ot the jurisdiction of a writ of summons

See also No. 22 of 1917.





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 the perpetuation of testimony relating to land
within the, jurisdiction ; or
(b) any act, deed, will, contract, obligation or liability
affecting immovable property situate within the jurisdiction is
sought to be construed, rectified, set aside or enforced in the
action ; or

(c) any relief is sought ag ainst any person domiciled or
ordinarily resident. within the jurisdiction or

(d) the action is for the administration of the personal estate
of any deceased person who at the 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 servedis 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 ; o.
(ee) the action is founded on a tort committed within the
jurisdiction ; or
(f) any injunction is sought as to anything to be done
within the jurisdiction, or any nuisance within the jurisdiction
is sought to be prevented or removed, whether damages are or
are not also sought in respect thereof; or

(g) any person out of the jurisdiction is a necessary or
proper party to an action properly brought against some other
person duly served within the Jurisdiction ; or
(h) the action is brought under the Carriage by Air Act,
1932.

(2) Every application for leave to serve a writ of summons
or notice of a writ of summons on a defendant out of the juris-
diction 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

As amended by Law Rev. Ord., 1939.





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 time 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 surninons 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, inulatis 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 andthe procedure prescribed by 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 sum-
mons or other document, in any foreign country to which Order
XI, rule 8, of the Rules of the Supreme Court in England has
by. order of the Lord Chancellor been applied, the following
procedure shall be adopted-

(i) The notice to be served shall be sealed with the seal of
the court and shall be forwarded by the judge to the Colonial
Secretary, together with a copy thereof translated into the
language of the country in which service is to be effected, and
with a request that the necessary steps be taken for the further
transmission of the same,. through the proper channels, to the
Government of the country 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 of notice of writ for service
under this section shall, at the time of bespeaking the same, file
a Praccipe in Form No. 8c in the Schedule.

(iii) An official certificate, or declaration 'upon oath, or
otherwise, transmitted through the diplomatic channel by the
Government or- court of a foreign country to which this section
applies, to the Supreme Court, shall, provided that it certifies
or declares the notice of the writ to have been personally served
or to have been duly served upon the defendant in accordance
with the law of such foreign country, or words to that effect,
be deemed to be sufficient proof of such service, and shall be
filed of record as, and be equivalent to, an affidavit of service
within the requirements of this section in that behalf.

(iv) Where an official certificate or declaration transmitted
to the Supreme Court in manner provided in paragraph (iii)
certifies or declares that efforts to serve a notice of writ have
been without effect, the court or a judge may, upon the ex patte
application of the plaintiff, order that the plaintiff be at liberty
to bespeak a request for substituted service of such notice.
Such order shall be in Form No. 8e 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 preecipe in Form No. 8e in the Schedule, and the
notice of writ and copy of the same, and the order shall be sealed
and transmitted to the Colonial Secretary in manner aforesaid
together with a request in Form No. 8d in the Schedule, with
such variations as circumstances may require.

. Service of process for foreign tribunals.

42A. Where in any civil or coinmercial matter pending
before a court or tribunal of a foreign country a letter of request
from such court or tribunal for service on any person in this
Colony of any process or citation in such matter is transmitted
to the Supreme Court by the Colonial Secretary with an intima-
tion that it is desirable that effect shbuld be given to the same,
the following procedure shall be adopted-

As amended by Law Rev. Ords., 1937 ahd 1939.





(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 or citation to be served, and two copies
thereof in the English language.

(ii) Service of the process or citation shall be effected by the
bailiff.

(iii) Such service shall be effected by delivering to and
leaving with the person to be served one copy of the process to
be served,,and one copy of the translation thereof, in accordance
with the practice of the court regulating service of process.

(iv) After service has been effected the bailiff shall return to
the Registrar one copy of the process, together 'With an affidavit
of service, and particulars of charges for the cost of effecting
such service.

(v) The Registrar shall certify the correctness of the
charges or such other amount as shall be properly payable for
the cost of effecting service. A copy of such charges and
certificate shall be forwarded to the Colonial Secretary.

(vi) The Registrar shall send to the Colonial Secretary the
letter of request for service received from the foreign country,
together with a copy of the affidavit of service, with a certificate
appended thereto duly sealed with the seal of the court. Such
certificate shall be in Form No. 8f in the Schedule.

(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 for substituted service or otherwise as may be
necessary to give effect to this section.

42B. Where in any civil or commercial matter pending
before a court or tribunal in any foreign country'with which a
Convention on that behalf has been or shall be rnade and applied
to Hong Kong, a request for service of any document on a
person in the Colony is received by the Registrar from the
consular or other authority of such country the following pro-
cedure shall, subject to any special provisions contained in the
Convention, be adopted-

(i) The service shall be effected by delivery of the original
or a copy of the document, as indicated in the request, and the

As amended by No. 1 of 1933 [17.2.33].





copy of the translation, to the party or person to be served in
person.by the bailiff.

(ii) No court fees shall be charged in respect of the service.
The particulars of charges of the bailiff shall be submitted to
the Registrar who shall certify the amount properly payable in
respect thereof.

(iii) The Registrar shall transmit to the consular or other
authority making the request a certificate establishing the fact
and the date of the service in person, or indicating the reasons
for which it has not been possible to effect it, and at the same
time shall notify to the said consular or other authority the
amount of the charges certified under paragraph (ii) hereof.

Variation of order for service, etc.

43. Any order for service may be varied by tl ie court with
respect to the mode of service directed by the order, as occasion
may require.

44. Where the service of process. by the bailiff will be
attended with expense,. he shall not (except 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.

Summoning def endant.

45.-(,1) The plaintiff shall cause a copy of the 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 case of service out of the jurisdiction,
within such time 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 default;
and every affidavit of service of the writ shall mention the day
or, which the indorsement was made. This sub-section shall
apply to substituted as well as other service.

(3) The writ shall, within eight days after the service
thereof or,. in case of service out of the jurisdiction, within such





time as the court may have ordered, be returned into the Registry
and filed therein.
Appearance of defendant..

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

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

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

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

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

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





51. If the defendant enters an appearance at any 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 appear-
ance within the time limited as aforesaid.

52 When the cause 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: Provided
that in actions by a money-lender or an assignee for the recovery
of money lent by the money-lender or the enforcement of any
agreement or security relating to any such nioney, the court
may exercise the powers of the court under sub-section (i) of
section 2 of the Money-lenders Ordinance, 1911.

Where a defendant or respondent 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 appoint-
ment 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 summons,.on such conditions, if any,
,as it may think fit.

CHAPTER II.

PARTIES.

Parties in general.
54. All persons *May be joined in one 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 to exist, whether
jointly, severally, or in the alternative, where if such persons
brought separate actions any common question of. law or fact
would arise; 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 rnay embarrass or delay the trial of the action,
the court may order separate trials or make such other order
as may be expedient. But the defendant, though unsuccessful,
shall be entitled to his costs occasioned by so joining any person
who is not found to be entitled to relief, unless the court in
disposing of the costs otherwise directs.

As amended by Law Rev. Ord., 1939.





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 bonti
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
substituted 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, notwithstanding the, mis-
joinder of such plaintiff or any proceeding consequent thereon.

57.-(1) All persons may be joined as defendants against
whom the right to any relief is alleged to exist, whether jointly,
severally, or in the alternative; and judgment may be given
against such one or more of the defendants as may be found to
be liable, according to their respective liabilities,. without any
amendment.

(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 as may appear just to pre-vent any
defendant from being embarrassed or put to expense by-being
required to attend any proceedings in which he may have no
interest.

(3) The plaintiff may, at his option, join as parties to the
same action all or any of the persons severally, or. jointly and
severally, liable on any one contract, including parties to bills lof
exchange and promissory notes.

58. Where the plaintiff is in doubt as to the person from
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 defendants is liable,
and to what 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, without joining any





of the persons beneficially interested in the trust or estate, and
shall be considered as representing such persons; but the court
may, at any stage of the proceedings, order, any of such persons
to be made parties, either in addition to or in lieu of the pre-
viously existing parties.

(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 otherwise
for the protection of property, one person may sue on behalf
or for the,benefit of.himself and all persons having the sarne
interest.

61. Where there are numerous persons having the same
interest in one cause or matter, one or more of such persons may
sue or be sued, or may be authorized 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 and that to require
service on such persons would cause unreasonable expense or
delay, may approve the compromise and order that the same
shall be binding on the absent persons., and they shall be bound
accordingly, except where the order has been obtained by fraud
or non-dis~closure of nlaterial 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 with controversy so
.far as regards the rights and interests of the parties actually
before it.

(2) The court may, at any stage of the proceedings, either
on or without the application of either party and.on such terms
as may appear to the court to be just, order that the names of
any parties improperly joined, whether as plaintiffs or as defend-
ants, be struck out, and that the names of any parties, whether





plaintiffs or defendants, who ought to havebeen joined, or.whose
presence before the court may 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, beadded.

(3) No person shall be added as a plaintiff suing without
a next friend, or as the next friend of a plaintiff under any
disability, without his own consent, in writing thereto.
(4) Every party whose name is so added as a defendant
shall be served with a writ. of summons, and the proceedings
as against such party shall be deemed to have begun o nly 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 motion or summons, or at the trial of tl~e action
in a summary manner; .

65. Where a defendant is added or substituted, the.plaintiff
shall, unless otherwise ordered by the court, amend the writ of
summons and the copy thereof on the file, and serve such new
defendant with such amended writ in the same manner as an
original defendant is served, and the proceedings shalLbe con-
tinued as if the new defendant had originally been made a
defendant.

66.-(1) Where there are more plaintiffs than one, any one
or more of them may be authorized by any other of them to
appear, plead or act for such other in aRy action or other
proceeding under this Code.

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

Persons under disability.

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

As amended by Law Rev. Ord., 1939.





68. Where a junatic or person of unsound mind, not so found by
inquisition, might formerly have sued as plaintiff or would have 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 entering
an appearance to an action, after due service of the writ of
summons, and it appears to the court that he is an infant or a
person of unsound mind, not so found by inquisition, so that
he is unable of himself to defend the action, the court may, on
the application of the 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 made except. on notice, after expiration of the
time 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 whom or under whose care the defendant was, at the
time of service of the writ of summons, and shall also, in the case of an infant
not residing with or under the care of his father or guardian, be served on or
left at the dwelling-house of his father or guardian, unless the court thinks fit
to dispense with such last-mentioned service.

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

(2) No order for the appointment of such guardian shall be necessary, but
the solicitor applying to 'enter such appearance 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 appear on the hearing thereof by a guardian ad
litem in all cases in which the appointment of a special guardian is not
provided for.

(2) No order for the appointment of such guardian shall be 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 be used in any action as next
friend, of any infant or other party or as relator,





such person shall sign a written authority to the solicitor for
that purpose, and the authority shall be filed in the Registry.

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

Administrations. 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.
which the court may put upon an instrument, and it is not
known or is difficult to ascertain who Is or are such heir-at-law,
next of kin, or class, and the court considers that, in order to
save expense or for some other reason, it will be convenient to
have the questions of construction determined before such heir-at-
law, next of kin, or class has or have been ascertained by means
of inquiry or otherwise, the court may appoint one or more
persons to represent such heir-at-law, or to represent all or any
of such next of kin or class, and the judgment of the court shall
be binding on the person or persons so represented.

(2) In any other case in which an heir-at-law, or any next
of kin, or a class is or are represented in any proceedings, the
court may, if, having regard to the nature and extent of the
interest of such persons or of any of them, it appears expedient
on account of the difficulty of ascertaining such persons or in
order to save expense, appoint one or more persons to represent
such heir-at-law, or to represent all or any of such next of kin
or class, and the judgment of the court shall be binding on the
person or persons so represented.

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





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

77. Any residuary devisee or heir entitled to the like judg-
ment or order may h ave the same without serving any co-residuary
devisee or co-heir.

78. Any one of several cestuis que Prust under any deed or
instrument entitled to a judgment or order for the execution of
the trusts of the deed or instrument may have the same without
serving any other cestui que trust.

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

80. The court may require any person to be made a party
to any action or other proceeding, and may give the conduct of
the action or proceeding to such person as it may think fit, and
may make such order in any partictilar 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.

Where, in any action for the administration of the
estate of a deceased person, or for the execution of the trusts of any
deed or instrument, or for the partition or sale of any immovable
property, a judgment or order has been pronounced or made-
(a) for the making of inquiries; or
(b) for the taking of accounts;. or

(c) affecting the rights or interests of persons not parties to
the action,
the court may, direct that any persons interested in the estate,
or under the trust, or in the immovable property shall be served
with notice of the judgment or order; and after such notice such
persons shall be bound by the proceedings in the same manner
as if they had originally been made parties, and shall be at
fiberty to attend the proceedings under the judgment or order.





(2) Any person so Served may, within one month after suct .
service, apply to the court to discharge, vary or add to the,
judgment or order.
(3) It shall not be necessary for any per son served with
notice of any judgment or order to obtain an order for liberty
to attend the proceedings under such judgment or order, but
such person shall be at liberty to attend the, proceedings on
entering an appearance- in the Registry in the same manner,
and subject to the same provisions, as a defendant entering an
appearance.

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

(5) Notice of a judgment or order served pursuant to this
section shall be entitled in the action, and there shall be indorsed
thereon a memorandum of such notice.

(6) Notice of a judgment or order on an infant or person
of unsound mind, not so found by inquisition, shall be served
in the same marfner as a writ of summons in an action.

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

83.-(1) If in any cause or matter it appears to the court
that any deceased person who was interested in the matter in
question has no legal personal representative, the court may
proceed in the absence'of any person. representing the estate of
the deceased person, or may appoint some person to represent
his estate for all the purposes of the cause or matter, on such
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 matter for the administration of the
estate, of a deceased person, no part 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 my
person not a party to the cause 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 or matter,to appear, either in addition to or in the
place of the executor or adrifinistrator, on such terms as to costs
or otherwise as it may think fit.

Third-party procedure.

85.-( 1) Where in any action a defendant claims as against
any person not already a party to the action (hereinafter called
the third party)----

(a) that he is entitled to contribution or indeninity, or

(b) that he is enthled to any relief or remecly relating to
or connected with the original subject-matter of the action and
substantially the same as some relief or remedy claimed by the
plaintiff, or

(c) that any question or issue relatinry to or connected with
the said subject-matter is substantially the same as some question
or issue arising between the plaintiff and the defendant and
should properly be determined not only as between the plaintiff
and the defendant but as between the plaintiff and defendant and
the third party or between any or either of them,

the court may give leave to the defendant to issue and serve a
third-party notice

(2) The court may give leave to issue and serve a ' third-
party notice - on an ex parte application supported by affidavit,
or, where, the court directs a summons to the plaintiff to be
issued, upon the hearing of the summons.

86.-(1) The notice shall state the nature and grounds of
the claim or the nature of 'the question or issue sought to be
determined and the nature and extent of any relief or remedy
clairned. It shall be in accordance with Form No. 12 or
Form No. 12a in the Schedule, With Such variations as circum-

As amended by Law Rev. Ord, 1939.





stances may require, and shall be sealed and served on the third
party in the sAme manner as a writ of summons is sealed and
served.

(2) The notice shall, unless otherwise ordered by the court,
be served within the time limited for delivering the defence or,
where the notice is served by a defendant to a counterclaim,
the reply, and with it there shall be served a copy of the writ of
summons or originating summons and of any pleadings delivered
in the action.

87. Tlie third party shall, as from the time of the service
upon hirn of the notice, be a party to the action with the same
rights in respect of his defence against any claiin made against
him and otherwise as if lie had been duly sued in the ordinary
way by the defendant.

88. the third part enter an appearance in action
within eight days from service or within such further time as
may be directed by the court and specified in the notice :
Provided that a third party failing to appear within such
time may apply to the court for leave to appear, and such
leave may be given upon such terms, if any, 'as the court may
think lit.

89. If a third party duly served with a third-party notice
does not enter an appearance or makes default in delivering any
pleading which he has been ordered to deliver, he shall be
deemed to admit the validity of and shall be bound by any
judgment given in the action, whether by consent or otherwise,
and by any decision therein on any question specified in the
notice ; and when contribution or indemnity or other relief or
remedy is claimed against llim in the notice, he shall be deemed
to admit his liability in respect of such contributi on or indemnity
or other relief or remedy.

90. Where a third party makes default in entering an
appearance or delivering any pleading which he has been ordered
to deliver and the defendant giving the notice suffers judgment
by default, stich defendant shall be entitled at any time, after
satisfaction of the judgment against himself, or before such
satisfaction by leave of the court, to enter judgment against the

As arnended by Law Rev. Ord., 1939.





third party to the extent of any contribution or indemnity
claimed in the third-party notice, or by leave of the court to
enter such judgment in respect of any other relief or remedy
claimed as the court shall direct
Provided: that it shall be lawful for the court to set aside or
vary such judgment against the third party upon such terms as
may seem just.

91.-(I) If the third party, enters an appearance the defend-.
ant giving notice may, after serving notice of ihe intended
application upon the plaintiff, the third party and any other
defendant, apply to the court for directions, and the court may-
(a) where the liability of the third party to the defendant
giving the notice is established on the hearing of the application,
order such judgment as the nature of the case may require to be
entered Against the third party in favour of the defendant giving
the notice,or
(b) if-satisfied, that there is a question or issue proper to ' be
tried as between the plaintiff and the defendant and the third
party or between any or either of them. as to the liability of the
defendant to the Plaintiff or as to the liability of the third party
to make any contri bution or indemnity claim.ed, in whole or in
part, or, as toany other relief or remedy. claAmed in the notice
.by the defendant or that a question or issue stated in the notice
should be, determined not only as between the plaintiff and the
defendant but as between the plaintiff, the defendant and the
third party, or any or either of them, order such question or issue
to be. tried in such manner as the court may direct, or

(c) dismiss the application.

(2) Any directions given pursuant to this section may be
given either before or, after any judgment has been signed by
the plaintiff against the defendant in the action, and may be
varied from time to time and may be rescinded.

(3) The third party proceedings may at any time be set
aside by the court.

92. The court upon the hearing of the application for direc-
tions may, if it appears desirable to do so, give the third
party liberty to defend the action, either alone or jointly with

As amended by Law Rev. Ord., 1939.





the original defendant, upon such terms 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, plead-
ings or documents to be delivered, or amendments to be made,
and give such directions as to the court may appear proper for
having the question and the rights and liabilities of the parties
most conveniently determined and enforced and as to the mode
and extent in or to which the third party shall be bound or made
liable by the decision or judgment in the action.

92A.-(1) Where the action is tried, the court may, at or
after the trial, enter such judgment as the nature of the case
may require for or against the defendant giving the notice
against or for the third party, and may grant to the defendatit
or to the third party any relief or remedy which might properly
have been granted if the third party had been made ia defendant
to an action duly instituted against him by the, defendant :
Provided that execution shall not be issued without leave of
the court until after satisfaction by the defen.dant of the judgment
against him.

(2) Where the action is decided otherwise than by trial, the
court may, on application by motion or summons, make such
order as the nature of the case may require, and, where the
plaintiff has recovered judgment against the defendant, may
order such judgment as may be just to be entered for or against
the defendant giving notice against or for the third party.

92B. The court may decide all questions of costs as between
a third party and other parties to the action, and may order any
one or more of. thern to pay the costs of any other, or others,
,or give such directions as to costs as the justice of the case may
require.

92C.-(1) Where a third party makes as against any person
not already a party to the action such a claim as is defined in
section 85, the provisions of sections 85 to 92E regulating the
rights and procedure as between the defendant and the third
party shall apply mutatis mutandis as, between the third party
and such other person, and the court may give leave to such
third party to issue a third-party notice, and sections 85 to 92B,
shall apply vialitis mulandis, and the expressions ' third-party

As amended by Law Rev. Ord.; 1939.





notice' and 'third party' shall apply to and include every
notice so issued and every person served with such notice
respectively.

(2) Where a person served with a notice under this section
by a third party in turn makes such a claim as is defined in
section 85 against another person not already a party,' to the
action, sections 85 to 92E as applied by this section shall have
effect as regards such further person and any other further person
or persons so served and so on successively.

92D.-(1) Where a defendant claims against another de-
fendant-

(a) that he is entitled to contribution or indemnity, or

(b) that lie is entitled to any, relief or remedy relating to
or connected with the original subject-matter of the action and
substantially the same as soni6 relief or remedy claimed by the
plaintiff, or

(c) that any question or issue relating to or connected with
the said Subject-matter is substantially the same as some ques-
tion or issue arising between the plaintiff and the defendant
making the claim and should properly be determined not only,
as between the plaintiff and the defendant making the claim but
as between the plaintiff and that defendant and another defendant
or between any or either of thein,

the defendant making the claim may without any leave isstle.
and serve on such other defendant a notice maIzing, such claim
or specifying such question or issue.

(2) No appearance to such notice shall be necessary and
the same procedure shall bc adopted for the determination of
such claim, question or issue between the defendants as would
be appropriate under sections 85 to 92E. if e were a third party.

(3) Nothing her ein contained shall prejudice the rights of
the plaintiff against any defendant to the action. . . .

92E. In sections 83 to 921) the words 'plaintiff ' and
'defendant' respectively shall include a plaintiff and a defendant
to a counterclaim.

,* As amended by Law Rev. Ord., 1939.





Change, of parties by marriage, etc.

93. A cause or matter shall not become abated by reason
of the marriage, death or bankruptcy of any of the parties, if
the catise of 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 cause of
action survives or riot, there shall be no abaiement by reason
of the death of either party between the verdict or finding of
the issue,,; of fact and the judgment, but judgment,may in such
case be entered, notwithstanding the death.

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

95. In case of the conveyance, assignment, creation. or
devolution of any estate or the pendente lite, the cause or matter
was, be continued by or against the person to or upon whom
such estate or title has corne or devolved.

96. Where by reason of marriage, death or bankruptcy, or
any other event, occurring after the commencement of a cause
or matter and causing a change or transmission of interest or
liability, or by reason of any person interested coming into
existence after the commencement of the cause or matter, it
becomes necessary or desirable that any person not already a
part should be made a party, or that any person already a party
should be made a party in another capacity, an order that the
proceedings shall be carried on 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
transmission of interest or liability or of such person interested
having come 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 such service, subject
nevertheless to sections 98 and 99, be binding on the persons
served therewith, and every person served therewith who is. not
already a party to the cause or matter shall be bound to enter
an appearance thereto within the same time and in the same
manner as if he had been served with a writ of summons in an
action..

98. Where any person, being under no disability or under no
disability other than coverture, or being under any disability
other than coverture but having a guardian ad litem in the cause
or matter, is served with an order to carry on proceedings under
section 96, such person may apply to 'the court to discharge or
vary such order at any time within 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 the cause or
matter, is served with an order to carry on proceedings under
section 96, such person may apply to the court to discharge
or vary such order at any time within twelve days from the
appointment of a guardian ad litem 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 proceed, the defendant (or the person against
whom the cause or matter may be continued) may apply by
summons to compel the plaintiff (or the person entitled to
proceed) to proceed within such tirne as may be ordered; and,
in default of such proceeding, judgment may be entered for the
defendant or, as the case may be, for the person against whom
the cause or matter might have been continued; and in such
case, if the plaintiff ha's died, execution may issue as in the case
provided for by section 390.

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





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

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

CHAPTER III.
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 cause's of action
cannot be conveniently tried or disposed of together, the court
may order separate trials of any of such causes of action to be
had, or may make such other order as may be necessary or
expedient for the separate disposal thereof.

104. No cause of action shall, except by leave of the court,
be joined with an action for the recovery of immovable property,
except claims in respedt of mesne profits, or arrears of rent, or
double value in respect of the premises claimed or any part,
thereof, and damages for breachcontract under which
the same or any part thereof are held or for any wrong or injury
to the premises claimed and except also claims for payment of
principal money or interest secured by.or for any other relief
in respect of mortgage or charge of such land : Provided that
nothing in this Chapter shall prevent any plaintiff in an action
for foreclosure or redemption 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 fore
closure or redemption, as the case may be, and such an action
for foreclosure.or redemption 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 foreclosure has taken place
may, by motion or summons, apply to the court for an order

As amended by Law Rev. Ord., 1939.





for the delivery to hin of possession of the mortgaged property,
and such order may be made thereupon as the justice of the case
may require.

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

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

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

108. Claims by-plaintiffs jointly may be joined with claims
by them or any of them separately against the same defendant.

109. Sections 306, 107 and JA shall be subject to sections
103 and 110.

110.(1) Any defendant alleging that the plaintiff has
united in the same action several causes of action which cannot
be conveniently disposed of together way at any time apply to
the court for an order confining the action to such of the causes
of action is 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 con-
veniently 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 order as to costs as may be
just.

CHAPTER IV.

PLEADINGS
General. rules of Pleading.

111. The following rules of pleading shall'be used in the
court.





112.-(1) Every pleading, shall contain, and -contain only, a
statement in a summary form of the material facts on which the
party 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 as
may be, contain a separate-and distinct. statement or allegation.
(3) Dates, sums and numbers shall be expressed in figures
and not in words.

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

114. 1n all cases in which the party pleading relies on any
misrepresentation, fraud, breach of trust, wilful 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 or damages, and exceed three folios, the fact
must be so stated, with a reference to full particulars already
delivered or to be delivered with the pleading.

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

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

117. Nothing in this Code shall affect the right of any
defendant to plead not guilty by statute or Ordinance ;and every
such defence shall have the same effect as a plea of not guilty
by statute has in England: Provided that if the defendant so





pleads he shall not plead any other defence to the same cause of
action, without the leave of the court.

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

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

120, The defendant or plaintiff.,.as the case may be, must
raise by- his pleading all matters 'which show the action 'or
counterclaim riot 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. 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, stattite of limitations, release, payment, performance, facts
showing illegality either by statute or Ordindrice or common law,
or.the Statute of Frauds.

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

122. It shall not be sufficient for a defendant in his state-
- of defence to
ment deny generally the grounds alleged by the
statenent of claim, or for,a plaintiff in his.answer to a counter-
claim to deny generally the grounds alleged in the counterclaim,
but each party must deal specifically with each allegation of fact
of which lie 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 plpading upon which issue is
joined, but it may except any facts which the party may be
willing to admit and shall. then operate as a denial of the facts
not so admitted.

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, it shall not
be sufficient to deny-that he received that particular amount, but
he must deny that he received that, sum or any part thereof, or
else set out how much he received. And if an allegation is made
with divers 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
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 clocum erit, ot any part
thereof are material.

127. Where it is material to allege malice, fraudulent in ten-
tion, knowledge or other condition of the mind of any person,
it shall be sufficient to allege the same as a fact without setting
out the circurnstarlees from which the 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 term's of such
notice, or, the circumstances from which such notice is to be'
inferred, ' is or are material.

129.-(1) When any contract or any relation between any
persons is to be implied from a series of letters or 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 circumstances without
setting them out in detail.

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

130. Neither party need.in any pleading allege any matter
of fact which, the law presumes in his favour or as to which
the burden of proof. lies upon the other side, unless the same
has first been specifically denied, as, for example, consideration
for a bill of 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 court may, at any stage of the proceedings, order
to be struck out or amended any matter in any indorsement
or pleading which may be unnecessary or scandalous or which
may tend to prejudice, enibarrass or delay the fair trial of
the action; and may in any such case, if it thinks fit,. order the
costs of the application to be paid as between solicitor and client.
[s. 133, rep. No. 36 of 1911.]

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

Statement of claim.
135.-(1) After the appearance of the defendant to the
action, or in case of his non-appearance, then by leave of the
court, the plaintiff may file in the Registry a statement of his
claim and of the relief.or remedy required in the action.

(2) At any time 'after his appearance to the action the
defendant may give notice in writing to the plaintiff or his
solicitor requiring him 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 receiv-
ing such notice.





(3) Where leave to defend is given under section or 24,
it shall not be necessary to file a further statement of claim unless
otherwise ordered at the hearing of the summons for judgment.

136. The. statement. of claim shall specify the name, descrip-
tion 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.

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

138.-(1) The statement of claim shall state specifically the
relief which the plaintiff claims, either simply or in the alter-
native, 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 sarne 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 counterclaim
founded upon separate and distinct facts.

Service of statement Of claim.

140. After the filing of the statement of claim the plaintiff
shall forthwith cause a copy thereof under the seal of the court
to,be served on the defendant, and such copy shall contain a
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 who has failed to enter
an appearance and as against whom the plaintiff has obtained the
leave of the court to proceed with his action ex parte.





141. Where service of the writ of summons is directed to
be made out of the jurisdiction the court may order that the
statement of claim. be filed forthwith and that a copy thereof
under the seal of the court be served on the defendant con-
currently 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 defendant or of
its own motion, make an order to stay proceedings in the action.
until the defect is remedied.

Statement of defence.

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

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

145.-(1) If the defendant neglects to file a statement of
defence within the time or further time allowed, as the case may
be,. 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 court may grant such leave, on such terms as may
seem' just, by order made on the application of the defendant.

146.-(1). The statement of defence must deny all such
material allegations in the statement of claim as the defendant
intends to deny at the trial.
(2) In an action for a debt or liquidated demand in money
comprised in sectiofi 19, a mere denial of the debt shall be
inadmissible.





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

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

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

149. Where a party pleads the general issue, intending to
give the special matter in evidence by virtue of an Act of Parlia-
ment or Ordinance, he shall insert in the margin of his pleading
the words ' by statute ' or ' by Ordinance ', as the case may
be, together with the year of the reign in which the Act of Parlia-
ment 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 abatement.

151. After the filing of the statement of defence the defend-
ant shall forthwith cause a copy.thereof under the seat of the
court to be served on the plaintiff.

Payment into and out of court.

152.-(1) In any action for a debt or damages or in an
Admiralty action the defendant may at any time after appear-
ance upon notice to the plaintiff pay into court a sum of money
in satisfaction of the claim or (where several causes of action
are joined in one action) in satisfaction of one or more of the
causes of action : Provided that with a defence setting up
tender before action the sum of money alleged to have been
tendered must be brought into court.

* As amended by Law Rev. Ord., 1939.





(2) Where the money is paid into court in satisfaction of
one or more of several causes of action the notice shall specify
the cause or causes of action in respect of which payment is
made and the sum paid in respect of each such cause of action
unless the court otherwise orders.

(3) The notice shall be in Form No. 16a in the Schedule,
and shall state whether liability is admitted or denied and
receipt of the notice shall be acknowledged in writing by the,
plaintiff within-three days.

153.-(1) Where money is paid into 'court under section
152 the. plaintik may within seven days of the receipt of the
notice of payment into court or, where more than one payment
into court has been made, within seven days of the receipt of
the notice of the last payment into court, accept the whole sum
or any one or more of the specified sums in satisfaction of the
claim or in satisfaction of the cause or causes of action to which
the specified sum or sums relate, by giving notice to the defend-
ant in Form No. 16b in the Schedule; and thereupon he shall
be entitled to receive payment of the accepted sum or sums in
satisfaction as aforesaid.

(2) Payment shall be made to the plaintiff or on his written
authority to his solicitor, and thereupon proceedings. in the
action or in respect of the specified cause or causes of action
(as the case may be) shall be stayed.

(3) If the plaintiff accepts money paid into court in satis-
faction of his claim, or if he accepts a sum or sums paid in
respect of one or more of specified causes of action, and gives
notice that he abandons the. other cause or causes of action,
he may, after four days from payment out and unless the court
otherwise orders, tax his costs incurred to the time of payment
into court, and forty-eight hours after taxation may sign
judgment for his taxed costs.

(4) A plaintiff in an action for libel or slander who takes
money out of court may apply by summons in chambers for
leave to make in open court a statement in terms approved by a
judge.

(5) This, rule does not apply to Admiralty actions or to an
action or cause of action to which a defence of tender before
action is pleaded.

* As amended by Law Rev. Ord., 1939.





154. If the whole of the money in court is not taken out
under section 153, the money remaining in court shall not be
paid out except in satisfaction of the claim or specified cause
or causes of action in respect of which it was paid in and in
pursuance of an order of the court, which. may be made at any
time before, at or after trial.

155.-(1) Money may be paid into court under section 152
by one or more of several defendants sued jointly or in the
alternative, upon notice to the other defendant or defendants.

(2) If the plaintiff elects within seven days after receipt of
notice of payment into court to accept the sum or sums paid
into court, he shall give notice as in Form No. 16b in the
Schedule to each defendant.

(3) Thereupon all further proceedings in the' action or in
respect of the specified cause. or causes of action (as the case
may be) shall be stayed, and the money shall not be paid out
except in pursuance of an order of the court dealing with the
whole costs of the action or cause or causes of action (as the
case may be).

156. A plaintiff or other person made defendant-to a counter-
claim may pay money into court 'in accordance with sections
152 to 155, with the necessary modifications.

157. Except in an action to'which a defence of tender before
action is pleaded or in which a plea under the befamation and
Libel Ordinance, 1887, has been filed, no statement of the fact
that money has been paid into court under sections 152 to 155
shall be inserted in the pleadings and no communication of
that fact shall at the trial of any action be made to the'court
or jury until all questions of liability and amount of debt or
damages have been decided, but the court shall, in exercising
its discretion as to costs, take into account both the fact that
money has been paid into court and the amount of such
payment.

158. Money paid into court under an order of the.court
shall not be paid otit of court except in pursuance of an order
of the court : Provided that, where before the delivery of
defence money has been paid into court by the defendant

As amended by Law Rev. Ord., 1939.





pursuant to an order under the provisions of section 23, he may
.(unless the court otherwise orders) by notice in writing appro-
priate the whole or any part of such money, and any additional
payme nt if necessary, to the whole or any specified portion of
the plaintiff's claim, or if he pleads a tender may by his
pleading appropriate the whole or any part of the money in
court as payment into court of the money alleged to have been
tendered; and the money so appropriated shall thereupon be
deemed to be money paid into court pursuant to sections 152 to
157 relating to money paid into court, or money paid into
court with a plea of tender as the case may be, and shall be
subject in all respects thereto.

[ss. 159 and 160,-,rep. Law Revision Ordinance, 1939.]

161.-(1) A defence of set-off to a claim for money, whether
in debt 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 must also, unless
it extends to the whole amount of the plaintiff's claim, be accom-
panied by payment into court of the amount to which, on the
defendant's showing, the plaintiff is entitled ; and in default of
such payment the defendant shall be liable to bear the costs of
the action, even if he succeeds in his defence to the extent of the
set-off pleaded.

Counterclaim.

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

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, lie may be entitled to relief
against the plaintiff in respect of the subject-matter of the action,
the court may, on the application of the defendant either before
or at the trial, if in the circumstances of the case it thinks fit, give
liberty to the defendant to file a counterclaim by a cross-state-





ment of claim in the same action, asking for relief against the
plaintiff, either alone or along with other persons; and may make
such order for the conduct and trial of the action and the counter.
claim together or otherwise and in such manner and on such
terms as to costs and other matters, as may seem just.

(2) The court may, if in any case it thinks fit, require the
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 may
file a statement of defence thereto within the time within which
he might file a statement of defence if it were a statement of
claim.

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

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

Reply and subsequent pleadings.

168.-(1) The plaintiff shall file in the Registry his reply,
if any, within 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 with-
out the leave of the court, and then only on such terms as the
court may think fit.

Default of pleading.

169.-(1) If the plaintiff does not file a reply, or any party
does not file any subsequent pleading, within the time allowed
for that purpose, the pleadinis 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 hn 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 plead-
ings he may appear to be entitled to; and the court may order
judgment to belentered, accordingly or may make such other
order as may be necessary to do complete justice between the
parties.
Matters arising pending the action.

170.-(1) Any ground of defence which has arisen after
action brought, but before the defendant has filed his statement
of defence and before the time limited for his doing so 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 ground
of defence arises to any set-off alleged therein by the defendant,
it may be raised by the plaintiff in his reply, if any, either alone
or together with any other ground of reply.

171. Where any ground of defence arises after the defendant
has filed his statement of defence or after the time limited for
his doing so has expired, the defendant may, and where any
ground of 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 subsequent time by leave of the
court, file a further statement of defence or further reply, as the
case may be, setting forth the same.

172. Where the defendant, in his statement of defence or
in a further statement of defence as mentioned in section 171,
alleges any ground of defence which has arisen after the corn-
mencement of the action, the plaintiff may file a confession of
such defence and may thereupon sign judgment for his costs
up to the time of the pleading of such defence, unless the court,
either before or after the filing of such confession, otherwise
orders.
Proceedings in lieu of demurrer.

173. No demurrer shall be allowed in any action or other
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 down for hearing and disposed of at any
time before the trial.

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

181. Where the plaintiff considers the contents of the statement
of defence to be such as to render an amendment of the statement of
claim necessary or desirable, lie may obtain ex Parte an order to amend
the statement of claim, on satisfying the court that the amendmentAs
not intended for the purpose of delay or vexation but is considered to
be 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 purpose by the
order or, if no time is thereby limited, then within fourteen (lays from
the date of the order, such order to amend shall, on the expiration of
such limited time as aforesaid or of such fourteen days, as the case
may be, become ipso facto void unless the time is extended by the
court.

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

19 pursuant to order of dated
the day of 19

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 error
arising therein from any accidental slip or omission, may at any time
be corrected by the court, on motion or summons without an appeal.

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 amendments shall be made for the
purpose of determining the real question or issue raised by or
depending on the proceedings.





CHAPTER VI.

DISCOVERY, INSPECTION AND ADMISSIONS.

Discovery.

187. In any Cause or matter the plaintiff or defendant may,
by leave of the court, deliver interrogatories in writing for the
examination ofthe 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 interrogatories 'each of
such persons is required to answer: Provided that no party
shall deliver more than one set of interrogatories to the same
party without an order for that purpose : Provided also that
interrogatories which do not relate to any matters in question
.in the.cause or matter shall be deemed irrelevant, notwithstand-
ing 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 to the court.

(2) In deciding upon such application the court shall take
into account any offer which may be made by the party sought'
to he interrogated to deliver particulars, or to make admissions,
or to produce documents relating to any matter in question, and
leave shall be given as to such only of the interfogatories sub-
mitted 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 applica-
tion 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 paichib any event by the party in fault.

190. If any party. to a cause or matter is a body corporate
or a joint-stock cornpany,. whether incorporated or not, or any
other body of persons empowered by law to sue or be sued,
whether in its own narne or in the name of any officer or other

As amended by Law Rev. Ord., 1939.





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 ot 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 may allow.

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

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

195. If any person interrogated omits to answer or answers
insufficiently,.'the party interrogating may apply to the court for
an order requiring him to answer or to answer further, as the
case may be, and an order may be made requiring him to, answer
or answer further, either by affidavit or by viva^ voce examination,
as the court may direct.

196.-(1) Any party may, without filing any affidavit, apply
to the court for an order directing any other party to any cause
or matter to 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 thatsuch 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 matter 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 affidavit whether
any one or more specific documents, to be specified in the
application, is or are or has or have at anly time been in his
possession or power; and if not then in his possession, when he
parted with the same and what has become thereof.

(2) Such application' shall be made on an affidavit stating
that, in the belief of the deponent, the party against whom the
application is made has, or has at some time had, in his posses-
sion or power the document or documents specified in the applica-
tion, and that it or they relates or relate to the matters in question
in the cause or matter or to some of.them.

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

Inspection.

199.-(1) 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 inspec-
tion of the party giving such notice. or of his solicitor and to
permit him or his solicitor to take copies thereof.





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

200. The party to whom such. notice is given shall, within
two days from the receipt of such notice, if all the documents
therein referred to have been set forth by him in an affidavit for
the discovery of documents, or, if any of the documents referred
to in such notice have not been set forth by him in any such
affidavit, then within four days from the receipt 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 docu-
ments, or such of them as he does not object to produce, may
be inspected at the office of his solicitor or, in the case of
bankers' books or other books of account or books in constant
use. for the purposes of any trade or business, at their usual place
,of custody, and stating which, if any, of the documents he objects
to produce and on what grounds.

201.-(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.the party
desiring it, make an order for inspection in such place and in
such manner as it may think fit: Provided that the order shall
not be made 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.

(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 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 business 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 riot there are in the original book any and
what erasures, interfineations 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 inspec-
tion is sought objeas to the same or any part thereof, the court
may, if satisfied that the right to the discovery or inspection
sought depends on 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 that such issue or question be
determined first and reserve the. question as to the discovery or
inspection.

205.-(1) If any party fails to comply with any order to
answer interrogatories or for discovery or inspection of docu-
ments, lie shall be liable to attacKment.

(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 in
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 accordingly.

206.-(1) Service of an order for interrogatories or discovery
or inspection made against any party on his solicitor shall be





sufficient service to found an application for an attachment for
disobedience to the order; but the party against whom the
application for an attachment is made may show in answer to the
application that he has had no notice or knowledge of the order.

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

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

208. ln 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 either party, order that the affidavit to be
made in answer either to interrogatories or to an order for
discovery shall be made by the officer actually concerned.

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

Admissions, etc.

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

211.-(1) Any party may call upon any other 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 saying of
expense.

212. Any party may, by notice in writing, at any time not
later than 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 such 'further time. as may be allowed by
the court, the costs of proving such fact or facts shall be paid
by the party so refusing 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 reason-
able, or unless the court at any time otherwise orders or directs:
Provided that any admission made,in pursuance of such notice
is to be deerned 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 may at any time allow any party to amend or withdraw
any admission so made, on such terms as may be just.

213. An affidavit of the, solicitor or his clek 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 may at any 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 any other question between the parties ; and the
court may, on such application, give such judgment or make
such order as the court may think just.

215. An'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, with a copy of the notice to produce, shall in all cases
be sufficient evidence of the service of the notice and of the time
when it was served.





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

CHAPTER VII.

ISSUES, INQUIRIES AND ACCOUNTS.

Issues.,

217. Where in any cause or matter it appears to the court
that the issues of fact in dispute are not sufficiently defined, the
parties may be directed to prepare issues, 'and such issues shall,
if the, parties 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. At any time before the decis ion of the cause or matter
the court may either.arnend the issues or frame additional issues,
on such terms as it may think fit.

Direction for inquiries or accounts.,
220. The court may at any stage of a cause or matter
direct any necessary inquiries or accounts to be made or taken,
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 tile cause or matter should proceed
in the usual manner.

221. The court may, either by the judgment or order direct-
ing 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 inay direct that, in
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
out his. account and verify the same by affidavit.





(2) The items on each side of the account shall be numbered
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.

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

224. Any party seeking to charge any accounting party
beyond what 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 as to 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 numbered so
that, is far as may be, each distinct account and inquiry may be
designated by a number.

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

228.-(1) If it appears to the court, on the representation
of the Registrar or otherwise, that there is any undue delay in
the prosecution of any accounts or inquiries or in any other pro-
ceedings 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 ic, the costs of the proceedings, as
the circumstances of the case may require.

(2) For the purposes aforesaid any party or the Registrar





may be directed to summon the persons whose attendance is
required, and to conduct any proceedings, and to carry out any
directions which may, be given; and any costs of the Registrar
shall be paid by such parties or out of such funds as the court
may direct.

CHAPTER VIII.

SPECIAL CASE.

229.-(1) Tile parties to any cause or matter may concur in
stating any question of law arising. therein in the form of a
special case for the opinion of the court.

(2) The case shall be divided into paragraphs numbered
consecutively, and shall state concisely such facts and documents
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 docu-
ments and the court shall be at liberty to draw from the facts
wid 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 h,ave
decided before any. evidence is given or any question or issue
of fact is tried or before any reference is made to an arbitrator
or otherwise, the court may make an order accordingly and may
direct such question of law to be raised for the opinion of the
court, either by special case or in such manner as the court may
deern expedient, and all such further proceedings as the decision
of such question of law may render unnecessary may thereupon
be stayed.

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

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 argument without
the leave of the court.

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

233. Either party may enter a special case for argument by
delivering to the Registrar a memorandum of entry, but subject
to the provisions of section 232..

234.-( 1 ) The parties to a special case may, if they think fit,
enter into an agreement in writing (which shall not be subjec
to any stamp duty) that, on the judgment of the court being
given in the affirmative or negative of the questions of law raised
by the special case-

(a) a sum of money, fixed by the parties 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 othe
of them ; or

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

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

(2) Where the agreement is for the delivery of some
property, . 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 agreement.


235. Upon the decision of the court on such questions the
judgment of the court may be entered accordingly, with or with
out costs as the case may be, and execution may issue upon
such judgment forthwith unless otherwise agreed or unless stayed
on appeal.





236 .-( i ) It shall be lawful for persons interested or claim-
ing to be interested in any question cognizable in the court as,
to the construction of any Act of Parliament, Ordinance, will,
deed or other instrument in writing, or anything therein con-
tained, 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 instru-
ment for carrying any such contract into effect, or as to any
other matter falling within the equitable jurisdiction of the court
or made subject to the jurisdiction or authority of the court by
any enactment not being an Ordinance relating to bankruptcy,
and including among such persons all lunatics, married women
and infants. to concur in stating such question in the form of
a special case for the opinion of the court, and' it shall also be
lawful for all trustees, executors and 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, upon the right
involved therein, without proceeding to administer any relief
consequent upon such declaration.

(3) Every such declaration of the court contained in any such
judgment shall have the same force and effect as such declaration
would have had,.and shall be binding to the same extent as such
declaration would have been, if contained in a judgment given
in an action between the same parties : . Provided that if on the
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
making any payment or doing any act in conformity with the
declaration contained' in any judgment given upon any such
special case shall in all respects be as fully and effectually pro-
tected 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 claim's of any person in respect of
matters not determined by such declaration.

237. This Chapter shall apply to every special case stated
in a cause or matter, or in any proceeding incidentd thereto,





whether under this Code or otherwise.

CHAPTER IX.

ISSUES OF FACT WITHOUT PLEADINGS.

238.-(1) When the parties to any cause or matter are agreed
as to the questions of fact to be decided between them, they may,
after writ issued and before judgment, by consent and order of
the court, proceed to the trial of any such questions of fact without
formal pleadings..

(2) Such questions may be stated for trial in an issue, and
such issue may be entered for trial and tried in the same manner
as any issue joined in an ordinary action, and the proceedings
shall be under the control and jurisdiction of the court in the
same way as the proceedings in an action.

239. In any such case the provisions of section 234 shall
apply as if the case were a special case under that section.

240. Upon the finding of the court on such questions the
judgment of the court may be entered accordingly, with or with-
out costs as the case may be, and execution may issue upon such
.judgment forthwith unless otherwise agreed or unless the court
otherwise orders for the purpose of giving either party an
opportunity for moving to set aside the finding or for a new
trial.

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

CHAPTER X.

INTERLOCUTORY PROCEEDINGS.

Inteflocutory application.

242. (1) Interlocutory applications may be made at any
stage of an action or other proceeding.
(2) They shall be made either by motion in court or by

* As ainended by Law Rev. Ord., 1939.





summons in chambers and shall be entitled in the action or other
proceeding.

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

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

Motion.

243. Any party to an action or other proceeding who desires
to move the court for an order shall file in the Registry a written
motion-paper distinctly stating the terms 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 may also be in an alter-
native 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 matter except the proper particulars of the
motion itself, the court may direct the motion-paper to be
amended and make no order thereon until it is amended
accordingly, by the striking out of such argument or other
matter,

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

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

247. 'The party filing the motion-paper 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 made ex parte in the first
instance unless the court gives leave to give a notice of motion
for a certain day.

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

(2) Any party moving the court ex Parte may support his
motion by argument addressed to the court on the facts put in.
evidence by the affidavits filed in support of the motion; and,
no party to tile 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 amended and additional evidence
to be produced by affidavit, or may direct the motion 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 or to show
cause, dilfferent from the order asked for, and the party nfoving
is willing to take such ditTerent order, the court may make an
order accordingly.

252. Where an order is made on a motion ex parte, any
party affected by it may, within. ten days after service of it or
within such further time as the court may allow, apply to,the
court by motion to vary or discharge it ; and the, court, on notice
to the party who has obtained the order, may either refuse to
vary or discharge it or vary or discharge it with or without
imposing terms as to costs or security or other things as may
seem just.

253. The provisions of sections 254 to 258 shall apply, with
the necessary modifications, in every case where notice of motion
has been served on a party.





Order to show cause.

254. An order to show cause shall specify a day when cause
is to be shown to be called the return-day of the order, which
shall 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 return-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 order.

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 or the court
is satisfied that service of the. order on all proper parties has
been duly effected, the court may proceed with the hearing of
the motion.

258. On the hearing, 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 modify the terms of the
order so as to meet the merits of the case.

Summons.

259.-(1) Any party to an action or other proceeding who
desires to ask the court in chambers for an order shall file in
the Registry a copy of the summons which it is desired should be
issued for that purpose.

(2) Such copy shall be signed by the party or by or in the
name of his solicitor.

260. The Registrar may thereupon issue a summons setting
forth the nature of the application and ordering the person to
whom it 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 obtain-
ing the summons, consider and deal with the application in a
summary way and make such order as may bejust.

Evidence in interlocutory proceedings.

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

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

264.-(1) The court may, if it thinks it expedient, summon
any person to attend to produce.any document before it or to be
examined viva 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 reason-
able shall be given to the person summoned and to such persons
(being parties to the cause or matter or, otherwise interested) as
the court may consider entitled to inspect the document to he
,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 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. When by any contract a prima facie case of liability is
established and there 'is alleged as -matter of defence a right
to be relieved, wholly or partially from such liabifity, the court
may make an order for the preservation . or interim custody of
the subject-matter of the litigation or may order that the amount
in dispute be brought into COUrt or otherwise secured..

266. It shall he 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 manner and on
such terms as the court may think. desirable, of anv goods, wares
or merchandise which may be of a perishable nature or likely
to be initired by keeping, or which for any other just and
sufficient reason it may be desirable to have sold at once.





267. It shall he lawful for the court, on the application of
any party to a cause or matter and on such terms as may be
just, to make any order for the detention, preservation or inspec-
tion 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 authorize any person
to enter upon or into any land or building in the possession of'
any pa rty, io such :cause or matter, and for all or any 'of the
purposes aforesaid to authorize nny samples to be taken, or any
observation. to. be made or experiment to be tried, which may
be necessary or expedient for the purpose of obtaining full
information ot. evidence.

268. It shall be lawful for any judge by whom any, cause
Or matter may.be:tried,or heard with or without a jury, or before
whom any ca . use or matter may be brought by way Qf appeal,
to inspect any, . pro . pert . y or thing concerning which any question
may arise therein.

269 The provisions of section 267 shall apply to inspection
by a jury and in such case the cou'rt 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 ii of
the Law Amendment Ordinance, igoi, or under.section 266 or
section 267 of this Code, may be made to the court by any party.
If the application is by the plaintiff for an order under the said
section i i, it may be made either ex parte or with notice, and
if for an order under the said section 266 or 267, it may be
made after notice to the defendant at any time after the issue
of the writ of summons, and if it is by any other party, then on
notice to the plaintiff and at any time after appearance by the
party making the application.
(2) An application for an order under section 265 may be
made by the plaintiff at any time after his right thereto appears
from the pleadings or, if there are no pleadings, is made to
appear by affidavit or otherwise, to the satisfaction of the court.

271. Where an action is brought to recover, or a defendant
seeks by way of counterclaim to recover, specific property other
than immovable, property, and the party from whom such recovery





is sought does not dispute the title. of the party seeking to recover
the same but claims to retain the property by virtue of a lien
or otherwise as security for any sum of money, the court may'y
at any time after such last-mentioned claim appears 'from the
pleadings or, if there are no pleadings, by affidavit, or other-
wise, to the satisfaction of the court, order that the party claiming
to recover the property be at liberty to pay into c6rirt, to abide
the event of the action, the amount of money in respect of which
the lien or security is claimed and such ' further sum, if any,
,for interest and costs as the court may'direct, and'that, on such,
payment into court being made, the property claimed be given
Lip to the party claiming it.

[S. 272, rep. No. 43 Of igi2 Supp. Sched.]

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

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

Stay of proceedings.

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

Dismissal of action for want of Prosecution.

276.-(1) If the plaintiff

(a) being bound. to file a statement of claim,'does not file and serve the
same within the time allowed for that purpose; or

(6) 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) On such application the court 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.





CHAPTER Xl.

PRELIMINARIES OF TRIAL.

Setting down cause for trial.

277. No cause shall be set down for trial without an order of
the courr obtained on summons.

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

279. An order to set down the catfse for triai may be rilade
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 been delay on the part of
the, plaintiff in obtaining an order for setting down the cause,
for which the plaintiff has no reasonable excuse (such as the
absence or illness of a material witness) and that the defendant
is prejudiced, ot may reasonably.be expected to be prejudiced,
by such delay.
Postponement of Prial.

280.-(1) The, court may at any time, on a summons taken
out by any party thereto postpone the trial of a cause set down,
on being satisfied by evidence upon oath that, the postponement
will have the effect of bett6 ensuring the trial and determinatio
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 I any such application is made on the ground of
the absence from the Colony of a witness the court shall require
to be safisfied that his evidence is materi dl and that he is likely
to return to. the Colony and give evidence within a reasonable
time.

282. Where any such application is made for the purpose of
enabling the party applying to obtain the evidence of a witness
resident out of 'the jurisdiction, the court shall reqtiire to be
satisfied that, the evidence of the witness is material and that
he is permanently residing out of the jurisdiction or does not
intend to come within the jurisdiction within a reasonable time.





General trial list and trial paper.

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

284.-(1 ) When a cause is set down for trial it shall be
placed in the general. trial list and shall be transferred to the
trial paper strictly in its order according as the general trial list
becomes exhausted.
(2) The regular order shall in no case be. departed from
without the special direction of, the court.

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

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

287. In case of the postp . onement of the trial of any cause
from the day appointed in the trial paper by reason of the preced-
ing causes in the trial paper not having been disposed of, or
under any order of the court made during.the sitting on that day,
no further notice to either party of. the postponement day shall
be requisite, unless otherwise ordered by the. court:

Modes of trial.

288,,-(1) The summons for setting down the cause for trial
shall specify the mode of trial desired by the party making the
application.
(2) On the bearing of the summons the court shall make
such order as to the mode of trial as it may think fit but subject
to the provisions hereafter contained in this Chapter.

289. In any action of libel, 'slander, false imprisonment,
malicious prosecution, seduction or breach of promise of

As arnevided by Law Rev. Ord., 1939.





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 matters which would, previously to the
commencement of the Hong Kong, Code of Civil Procedure,
have been heard by the court in its equitable jurisdiction shall
be tried by the court without a jury unless the court otherwise
orders.

(2) The court may, if it. appears desirable, direct a trial
without a jury of any question or issue. of fact, or partly of
fact and partly of law, arising in any cause or matter which,
previously to the commencement of the Hong Kong Code of
Civil Procedure., could without any consent of parties have been
heard without a jury.,

(3) The court may direct the trial without a jury of any
cause, matter or issue requiring any prolonged examination of
documents or accounts, or any scientific or local investigation,
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 jury of the cause or
matter or of 'any issue of fact, an order shall be made for such
trial accordingly.

292. In every caifse. or matter, unless under the provision's
of section 291 a trial by the court with a jury is pr-dered 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 may
at any time order any cause, matter or issue to be tried 'by the
court with a jury, or by the court sitting with assessors, or by
a referee with or without assessors.

293. Subject to the provisions of sections 288 to 292, the
court may any cause or matter at any tirne or from time to
time order that different questions of fact arising therein be tried
by different modes of ,trial or that one or niore questions of fact
be tried before the others, and may appoint the places for such
trials, and in all cases may order that one or more issues of fact,
be tried before any other or others.





294. In any cas e where an. order might be made 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 Full Court with
or without a jury, as the case may be.

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

CHAPTER XII.

TRIAL.

Non-attendance of parties.

296. When a cause is called on for trial, if neither party
appears the court may, if it 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 plaintiff has received notice
of trial shall, unless it sees good reason to the contrary, strike
the cause out of the trial paper and make such order as to costs
in favour of the defendant as may seem just.

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

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

300. Where the defendant does not file a statement of
defence, the plaintiff at the trial must open his case, and adduce
evidence in support of it and take such judgment as to the court
may seem 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: Provided that in actions by a money-lender or an,

As amended by Law Rev. Ord., 1939.





assignee for the'recovery of money lent by the money-lender or
the enforcement of any agreement or, security relating to any
such money, the court may exercise the powers of the court
tinder sub-section ) of section 2 of the Money-lenders
Ordinance, 1911.

301. If it is satisfied that the defendant has been duly served
with the writ of summons, the statement of claim 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 terms
as may seem just, and direct fresh notice to be given to the
defendant.

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 absence of and against any defendant, the court
may afterwards, if it thinks Fit, on such, terms as may seem just,
set aside the judgment 'and re-try the cause on its being
established by evidence upon oath, to the satisfaction of the
Court, that the defendant's absence was not wilful and that he
has a defence on the merits.

303..( i ) Where acause has 'been struck out of the trial
paper by reason of the absence of the plaintiff the court may,
on the application of the defendant made within seven days after
such striking out, make an order on the plaintiff to show cause
why a day should not be fixed for the peremptory trial of the
cause; and on the return to that order,, if no sufficient cause is
the court shall ' fix a day accordingly,. with such notice of
trial and on such other terms as may seem just.

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

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

.304. 'Where a cause has been once struck out and has been
a second time set. down and has come into th 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
defendant shall be entitled to judgment dismissing, the action-, but
if he has a counterclaim then he may prove such counterclaim.
so far as the burden of proof lies upon hirn.

Order of proceedings at trial.

305.The order of pr6ceedings at the trial of a cause shall
be as follows-
(i)' the plaintiff shall read the pleadings or state the sub-,
stance thereof, as the court may direct;,
(2) the party upon whom the burden of proof lies shall
begin ; he shall address the court and open his case;

(3) the party beginning shall then produce his evidence and
examine his witnesses in chief.,
(4) when the party beginning has concluded his evidence
he shall ask the other party if he intends to produce evidence
(in which term is included evidence by affidavit or taken by com-
mission or on deposition, and documentary evidence not already
read or taken as read) ; if answered in the negative he shall be
entitled, to sum up the evidence already given and comment
thereon ; but if answered in the affirmative he shall wait for his
general reply;

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

(6) if no evidence is produced by the latter party.the party
beginning shall have no right to reply unless he has been pre-
vented from summing up 6is case by the st atement Of the other.
party of his intention to produce evidence;
(7) the case on both sides shall theft be considered closed;

(8) if the party opposed to the party beginning prod ' uces
evidence the party beginning shall be at liberty to reply generally
on the whole case, or he may produce fresh evidence 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 the party against whom' the same has been adduced shall





be.at liberty to address the court, and the party beginning' shall
be entitled to the general reply.; and

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

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

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 applica-
tion to the Registrar and on payment of the prescribed fee, to
have an office copy of the notes of evidence taken in such cause
or of any portion thereof.

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

An office copy of the notes of evidence taken in any cause
shall be admissible, saying all just exceptions, in the same or
any other cause as evidence that viva^ voce evidence was given
before the court as therein appearing.

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

(2) Where a question put to a *witness is objected to, the
court, unless the objection appears to be frivolous, shall take a
note of the question and objection, if required by either party, and
shall 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
by commission or on deposition, the party adducing the same
may read and comment on it, either immediately after his opening
or after the vivd voce evidence 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 came, 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 allegations 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 amendment on such terms as
to adjournment, costs and other things as may seem just, so as
to avoid surprise and injury to any party.

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

Incidental powers of the court.

315.-(1) The court may at the trial, without the consent of
parties, 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 beard before the Full Court.





(3) The court may order any such point of law so reserved
to be set down for argument without any previous application.

(4) The provisions of Chapter VIII shall, with.the necessary
modifications, apply to every such special case.

Withdrawal from and settlement of action.

316.-(1) If the plaintiff at any time 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-cause of action, it shall be competent to the
court to grant such permission, on such terms as to costs or other-
wise as rnay seem just.

(2) In any such fresh action the plaintiff shall be bound by
the rules for the limitation of action's 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 plaintiff in respect
of th e subject-matter of the action, the agreement, compromise
or satisfaction shall be recorded and the action shall be disposed
of in accordance therewith.

.(2) Notice of such agreement, compromise or 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 may be, shall be deemed guilty of a contempt of
,court and shall be liable to be proceeded against and punished
accordingly.

CHAPTER XIII.

EVIDENCE.

Evidence in general.

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





Evidence de bene esse.

319.-(1) Where the circumstances of the case appear to the
court so to require the court may take the evidence of any
witness or person,at any time in the course of the proceedings
in any cause beffire the trial d the cause, or may order that such
evidence shall be taken by the Registrar or by any other person
and at any place.

(2) The evidence shall be taken, as nearly as may be, in the
same way as evidence at the trial of an action, and then the note
of the evidence shall be read over to the witness and tendered
to him for signature; and if he refuses to sign it, the court or
the Registrar or such other 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 order, 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 applica-
tion of any person before action brought, where it is shown upon
oath to the satisfaction of the court 'that the person applying
has good reason to apprehend that an action will be brought
against him in the court and that some person within the
jurisdiction at the time of the application 'can give material
evidence respecting the subject, of the apprehended action but
is about to leave the jurisdiction, or that from some, other cause
the person applying will lose the benefit of his evidence if it is
.not at once taken Provided that the court may on granting
such application impose any terms or conditions with. respect to
the examination of any such witness and the admission of. his
evidence as to the court may seem reasonable.

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

3 23., Every person who wilfully disobeys any order requiring
his attendance for the purpose of being exadhined or producing
any document shall be deemed guilty of contempt of court and





shall be liable to be proceeded against and punished accordingly.

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

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

326. Where any such examination. is taken by the Registrar
or by 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 witness or other person thereon
or relating thereto; and the court may direct such'.proceedings and
make such order as upon the report it may think Just.

326A.-(1) Where under Part IV of the Evidence Ordin-
ance, 1889, or secction 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 commission 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 ex parte application of any person shown
to be duly.authorized 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 and certifying
to the effect mentioned in section jo of the Evidence Ordinance,
1889, or such other evidence as the court or judge may require,
make such order as may be necessary to give effect to the inten-
tion of the enactments above mentioned in conformity with section
39 of the said Evidence Ordinance, 1889.

As amended by Law Rev. Ord., 1939.





(2) An order made under this section shall be in Form No. 4( in the
Schedule, with such variations as circumstances may require.

(3) The examination may be ordered to be taken before any fit and
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
in the Schedule, with such variations as circumstances may require,
duly sealed with the seal of the court, and shall forward the depositions so
certified and the letter of request, if any, to the Colonial Secretary for
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 thinks 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 reason, be requested by the applicant for such order. But in the absence
of any such special directions the examination shall be taken in accordance
with the practice of the court.'

(6) Where a letter of request, as mentioned in this section, is transmitted
to the court by the Governor with an intimation that it is desirable that effect
should be given to the same without requiring an application to'be made to
the court by the agents in Hong Kong of any of the patties to the action or
matter in the foreign country, the Registrar shall transmit the same to the
Crown Solicitor who may thereupon make such applications and take such
steps as may be necessary to give effect to such letter of request, in
accordance with this section.

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

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

Affidavits.

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

(2) It shall be drawn up in the first person, and shall be
divided into paragraphs numbered consecutively; and each para-
graph 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 circiimstances to which the witness swears, either on his own
personal knowledge or from information which he believes to be
true.

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

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

330. No affidavit having in the body or jurdt thereof any
interlineation, alteration or erasure shall without leave of the





court be read or made use of in any matter depending in the
court unless the interlineation or alteration (other than by
erasure) is 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 on the
erasure are re-written and signed or initialled in the margin of
the affidavit by the officer taking it.

331. Any affidavit sworn in the United Kingdom, any British
possession or any place under the dominion of His Majesty in
foreign parts before any judge, officer or other person duly
authorized, or before any commissioner authorized by the
Supreme Court, to take affidavits in the United Kingdom, such
British possession or place respectively, may be used in the court
in all cases where affidavits are admissible.

332. Any affidavit sworn in any foreign parts out of His
Majesty's dominions 'before a judge or magistrate, being authen-
ticated by the offic ial seal of the foreign court to which be is
attached or of such magistrate, or before a notary public or a
British consular officer, may he used in the court in all cases
where affidavits are admissible.

333. The fact that an affidavit purports to have been sworn
in the manner prescribed by 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, magis-
trate, commissioner or other officer or person to administer oaths.

334. The court may receive any affidavit sworn for the pur-
pose of being used in any cause, notwithstanding any defect by
misdescription of parties or otherwise in the title or jurat or
any other irregularity in the form thereof, and may direct a
memorandum to be made on the document that it has been so
received.

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

As aniended by Law Rev. Ord., 1939.





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

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

Evidence at trial.

338. The court may, in its discretion, allow the evidence in
any cause, or as to any particular 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 affidavit so received
shall be liable to cross-examination in open court unless the
court directs the cross-examination to take place in any other
rrianner.

339. The court may, in its discretion, if the interests of
justice appear absolutely so to requite, admit an 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 pursuance
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 any question relating to a
matter not relevant to the cause except in so far as it affects the
credit of the witness by injuring his character, the court shall
decide whether or not the witness shalt be compelled to answer
it and may, if it thinks fit, warn the witness that he 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 any question or inquiry which it
regards as indecent or scandalous, although such question or
inquiry may have some bearing on the questions before the court,
unless it relates to facts in issue or to matters necessary to be





known in order to 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 any person who might give evidence in any
cause is dead or insane or unavoidably absent at the time when
his evidence might be taken or, for any reason considered
sufficient by the court, cannot appear to give evidence in the
cause, the court may, if it thinks fit, receive proof of any evidence
given by him in any former judicial proceeding: Provided that
the subject-matter of such former judicial proceeding was sub-
stantially the same as that of the existing cause and that the
parties to the existing cause were parties to it or bound by it
and in it had cross-examined, or had an opportunity of cross-
examining, the witness of whose evidence proof is so to be given.

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

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

CHAPTER XIV.
JUDGMENT.

345. When the cause is tried by the court with a jury the
verdict shall be recorded and judgment shall be entered up by
the Registrar as the court may direct.

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

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

347. If the judgment of the court is reserved at the trial, the
court shall either then or on some subsequent day cause the





parties to be informed of the day on which judgment will be
delivered.

348.- All parties shall. be deemed to have had notice of
any judgment if the same is pronounced at the trial or hearing of
the cause or, matter.,

(2) All parties duly.informed of the day on which judgment
will be delivered. shall be deemed to. have had notice of the
jUdgment when pronounced.

349. A minute of every judgment or order, whether final or
interlocutory, shall be made by the Registrar or a clerk of the
court, and every such minute shall have the same force and effect
as a judgment or order of the court: Provided that the court
may, on good cause shown, in any cause or matter, on the
Application of any party, order a formal judgment or order to be
drawn up.

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

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

352. In any judgment for the payment of money the court
may for any sufficient reason order that the amount shall be
paid by instalments, with or without interest thereon, and that,
in.default of payment of any instalment as and When due, execu-
tion may issue for the payment of the balance of the amount then
remaining due.

353. In any case in which the court has jurisdiction to
entertain an application for an injunction against a breach of
any covenant, contract or agreement, or against the commission

The rate, of interest in prdetice is 8% per annum.





or continuance of any wrongful act, or for.the specific perform-
ance of any cove . nant, contract or agreerment, 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 manner as the court may direct.

354.-(i) In any action in which it appears to the court that
the amount of damages sought to be recovered by. the plaintiff
is Substantially a matter of calculation, the court may direct that
the. amount for which final judgment is to be signed shall be
ascertained by the Registrar or by such other person as the court
m a y appoint.

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

(3) It shall be lawful for the Riegistrar 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 found by himand shall deliver the rule or order, with
such indorsement, to the plaintiff; and such and the like pro-
ceedings 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
'be due to either party.
sum which shall appear to,
(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 subject
to the same rules as if such sum had been claitned by the defendant
in a separate action against the plaintiff.





357. Every judgment made in.any cause . or matter requiring
any person to do an act thereby ordered shall state the time, or
the time after service 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-
66 If you,. the within-named C.D., neglect to obey this judg-
ment by the time therein limited, you will be liable to process
of execution for the purpose of compelling you. to obey the said
judgment.'
Order of the court.

358. Every order of the court in any c ause 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 pro-
ceeding 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 thd,court shall' have full power
to award and apportion costs in. any manner it may deem proper:
Provided that nothing herein contained shall deprive any
executor, administrator', trustee', or mortgagee who has not
unreasonably., instituted, or .carried on or resisted any proceed-
ings of any right to costs out of a particular estate or fund to
which he would be.entitled according to the rules acted upon in
the equity jurisdiction of the court previously to the commence-
ment 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
judgment or order made therein, such as the expense of sum-
moning 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) All questions relating, to fees and costs shall be
determined by the Registrar on taxationin accordance with the
scale of court fees and costs of counsel and solicitor for the
time being in use in the court, subject to a review by the court
by way of summary application. in' chambers.
(2) So far as such scale may be.-incomplete, all questions
relating to the amount and . reasonableness of * fees and costs
shall be.determined by.the Registrar on taxation, either with or
without reference to the said scale, having retard to the. skill,
labour and. responsibility involved, subject nevertheless to a
review of such determination by the court by way of summary
application in chambers.

(3) 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 any case it thinks fit, require
any party to an action or other proceeding, either at the com-
mencement or at any time d ' uring the progress thereof, to give
security for costs and, in the case of a plaintiff, may stay pro-
ceedings until such security has been given.

(2) A plaintiff ordinarily resident out of the jurisdiction may
be required 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 as the court may
direct.

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

364.-(1) In the event of the plaintiff who has been required

As amended by Law Rev. Ord., 1937.





to give security for costs not giving it within the time fixed for
that purpose, the court may dismiss the action unless the plaintiff
is permitted to withdraw from the action or shows good cause
why such time should be extended, in which case the court may
extend it.

(2) Where an action is dismissed under _this section the
plaintiff may apply to the court to set the dismissal aside, and
if it is proved to. the satisfaction of the court that he was
prevented by any sufficient cause from giving the 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 found in the action or other proceeding to be due frorn the
former to the latter.

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

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

368. In every case where costs 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 debtor.

369.-(1) Where a judgment directing payment of money
remains wholly or in part unsatisfied (whether a writ of execu-

The rate of interest in practice is 8% per annuni.





tion 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 bc examined respecting )lis ability to make
tile payment directed; and ' the court shall, unless it sees good
reason to the contrary, issue such summons.

(2) On the appearance of the judgnient debtor he may be
examined upon oath by or on behalfof the judgment creditor
and by the court, with respect to his ability to make the payment
directed, and for the discovery.of property appicatuibto such
pavinent, and as to the disposal which lie may have made of
ally property.

(3) The judgment debtor shal) 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.

(,S) The court may, if it thinks fit., adjourn the licaring of
the suninions from linic to time and require from the judgment
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 unless sooner discharged.

(6) The court may on such investigation as aforesaid rnake
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 whorn it has been given,
or by the attachment and sale of his property, or by both
imprisonment and attachment and sale, if necessary ; and if such
party is other than a defendant, the judgment may be enforced






against him in the same manner as a judgment may. be enforced
against a defendant.

372. If the judgment is against a party as the representative
of a deceased person and such judgment is for money to be paid
out 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
thal he has duly applied such property, of the deceased person
as may be proved to have conic into his possession, the judgment
may be executed against the defendant to the extent of the
property not duly applied by him, in the same manner as if the
judgment had been against him personally.

373. If the judgment is for any specific movable or for the
specific performance of any contract or other particular 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 attachment until the further order of
the court, or by both imprisonment and attachment, if necessary
or, if alternative damages have been awarded, by levying such
damages in the mode provided for the execution of a judgment
for money.

374. If the judgment is for the execution of a deed or for the
indorsement of a negotiable instrument and the party ordered
to execute or indorse such deed or instrument refuses or neglects
to do so, any party interested in having the same executed or
indorsed may prepare a deed or indorsement of the instrument
in accordance with the terms of the judgment and tender the
same to the court for execution upon the proper stamp, if any,
required by law, and the execution or indorsement thereof by the
Registrar shall have the same effeet as the execution or indorse-
inent thereof by the party ordered to execute or indorse.

375. Where a person has becorne 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 he has
rendered himself liable, in the same manner as a judgment may
be enforced against a judgment debtor.





376. Any 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 <is if he were a party to such cause or matter; and any
person, not being a party to a cause or matter, against whorn
obedience to any judgment or order may be enforced shall be
liable to the same process for enforcing obedience to such judg-
ment or order as if lie were a party to such cause or matter.

General rules relating to executioit. .

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

378. All moneys payable tinder 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, execu-
tion may issue at any time within six years from the recovery
of the judgment.

380. A writ of execution, if unexecuted, shall remain in force
for one year only from its issue unless renewed in the manner
hereinafter provided; but such writ may, at any tirne before its
expiration by leave of the court be renewed by the party issuing
it for one year from the date of such renewal and so on from
time to time during the continuance of the renewed writ; either
by being marked by the Registrar with the seal of ihe court
and with the date of the day, month and year of such renewal
or by such party giving a written notice of renewal to the 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 mentioned 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 payment of
a surn of money and costs there may be, at the election of the
party entitled thereto, either one writ or separate writs of execu.
tion for the recovery of the sum and for the recovery of the costs,
but a second writ shall only be for costs.

383. If there are cross-ludgments between the same parties
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 n1LIC11 only as may remain after deducting 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
judg ment for the smaller sum, and if both sums are equal
satisfaction shall be entered on both judgments.

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

385. All questions relating to the amount of any mesne
profits which by the terms of the judgment may have been
reserved for adjustment in the execution of the judgment or of
any mesne 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 judgment, as
well as all questions relating to sums alleged to have been paid
in satisfaction of the judgment or the like, and all other questions
arising between the parties to the action in which the judgment
was given and relating to the execution of the judgment, shall
he determined by order of the court.

Immediate execution.

386.-(1) The court may at the time of giving judgment,
on the verbal application of the party in whose favour the
judgment is given, order immediate execution thereof without
the issue of a writ of execution, except as to so much as relates
to the costs, and that the judgment shall be executed as to the





costs as soon as. the amount thereof has been ascertained by
taxation.

(2) The order for immediate. execution shall be in writing
and shall be sufficient authority to the bailiff to Proceed at once
to 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 practicable
comply with the requirements of. section 387. Provided further
that, if the party against whom the order has been made satisfies
the judge that he has sufficient means and intends to satisfy
the judgment, the judge may discharge.the order for immediate
execution.

Application for execution in ordinary cases.

387.-(1) Subject to the pyovisions of section 386, when
any party who has obtained a judgmentis desirous of enforcing
the same he shall file in the court a proccipe for a writ of
execution.

(2) The poecipe 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 name of the solicitor of the party issuing it or by the
party issuing it, if he does so in person.

388. 'File Registrar, on receiving any application for execu-
tion containing the particulars hereinbefore mentioned, shall
make a note of the application and of the date on which it is
made.

[s. 389, mp. No. 36 of 1911]

Application for leave to issue execution.*

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

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





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

(c) where a party is entitled to execution upon a judgment
of assets in fuituro ; and

(d) where a party is entitled to execution against any of the
shareholders of a joint-stock company upon a judgment recorded
against a public officer or other person representing such
company,

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

(2) The court shall thereupon issue a notice to the person
against whom execution is applied for, requiring him to show
cause, within a limited period to be fixed by the court, why the
judgment should not be executed against him : Provided that
no such notice shall be necessary in consequence of an interval
of more than 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 shall be necessary in con-
sequence of the application being against the legal representative
of an original party if on a previous application for execution
against the same person the court has ordered execution to issue
against him.

(3) When such notice is issued, if the person to whom it
is issued does not appear or does not show sufficient 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 judgment to be
executed accordingly. If the person to whom the notice is issued
appears and offers any objection to the execution of the judg-
ment the court shall make such order as in the circumstances of
the case may seern just.

391.-(1) If a judgment has been given jointly in favour
of more persons than one, any one or more of such persons, or
his or their representatives, may apply to the court for leave
to issue execution on the whole judgment for the benefit of them
all or, where any of them has died, for the benefit of the
survivors and of the 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 audita querela shall hereafter be used;
but any judgment debtor may apply to the court for a stay of
execution 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 whom the judgment was given, the court may,
if it appears just and reasonable to do so, stay execution of the
judgment, either absolutely or on such terms as may seem just,
until judgment has been given in the pending action.

Issue of execution;

394.-( 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 Prope,rly.

396.-(1) If in the execution of a judgment for immovable
property the bailiff is resisted or obstructed by any person, the
person who has obtained the judgment may apply to the court
at any time within one month from 'the time of such resistance
or obstruction.

(2) The court shall thereupon fix a day for investigating
the 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, on the ground that the
property is not included in the judgment or on any other ground,
the court shall inquire into the matter of the complaint and
shall make such order as in the circumstances of the case may
seem just.

(4) If on the investigation the court is satisfied that the
resistance or obstruction complained 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 property adjudged to him by the judgment, by the judgment
debtor or by some person at his instigation, 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 judgment 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 bond fide to
be in possession of the property on his own account or on
account of some person other than the judgment debtor, the
claim shall be numbered and registered as an action between
the person who has obtained the judgment as plaintiff and the
claimant as defendant; and the court shall, without prejudice to
any proceedings to which the claimant may be liable for such
resistancepr obstruction, proceed to investigate the claim in the
same manner 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 circumstances 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 judg-
ment 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 was bond 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 judgment, that he was
not a party to the action in Which the judgment was given, he
may apply to the court within one month from the date of such
dispossession.

(2) If, after such investigation of the facts of the case as
it may think proper, it appears to the court that there is prob-
able cause for making the application, the application shall be
'numbered and registered as an action between the applicant as
plaintiff and the person who has, obtained the judgment as
defendant and the court shall proceed to investigate the matter
in dispute in the 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.

398. The decision of the court 'under the provisions contained
in section
396 or 397 shall be given in, a summary manner
and shall be of the same force and effect as a judgment in an
ordinary action ; and no fresh action shall be entertained between
the same parties or persons claiming under them in respect of
the sat-ne cause of action.

Execution. of judgment for money by attachment
of Property other than debts.

399. If the judgment is for money and the amount thereof
is to be levied from the property of the judgment, debtor, the
court shall cause the property to be attached in the manner
hereinafter prescribed.

400.-(1) Where the property consists of movable property
in the possession of the judgment debtor the attachment shall

be made by actual seizure and the bailiff shall keep the same in
his custody and shall be responsible for the due custody thereof.

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





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

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 narne 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 per-
mitting any such transfer or making any such payment, until
the further order of the court.

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

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

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

406.-(1) In the case of movable property not in the posses-
sion of the judgment debtor an office copy of the prohibitory
order shall be delivered to or served on the person in possession
of the property.

(2) In the case of immovable property or any interest
therein an office copy of the prohibitory, order shall be delivered
to or served on the defendant and, if such property or 'interest
is registered in the Land Office, shall be registered in the Land
Office under the Land Registration Ordinance, 1844.





(3) In the case of shares in any public company or corpora-
tion an office copy of the prohibitory order shall be delivered
to or served on the manager, secretary or other proper officer of
the company or corporation.

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

408. In any case of attachment of property other than debts the court
may at any time during the attachment direct that any part of the property so
attached which consists of money or bank notes, or a sufficient part thereof,
shall be paid over to the party applying for execution of the judgment, and
that any part of the property so attached which does not consist of money or
bank notes shall, so far as may be necessary for the satisfaction of the
judgment, be sold and that the 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 immovable property
the court may appoint a manager of such property with power to collect the
rents or other profits and receipts of such property and to execute such
deeds or other instruments in writing as may be necessary for the purpose
and to pay and apply such rents, profits and receipts 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 bound to render from time to time due and proper accounts
of his receipts and disbursements, as the court may direct.

410.-(1) Where the property. attached consists of immovable property, if
the judgment debtor satisfies the court that there is reasonable ground to
believe iliat the amount of the judgment may' be raised by the mortgage of the
property, or by letting it on lease, or by disposing by private sale of a portion
of it





or of any other property belonging to the judgment debtor, the
court may, on the application of the judgment debtor, postpone
the sale of the property for such period as it may think fit, in
order to enable the judgment debtor to raise the amount.

(2) If the judgment debtor is absent from the Colony and
it appears to the satisfaction of the court that the sale of any
of his property which has been attached, consisting of immovable
property or any interest therein, is objectionable and that satis-
faction,of the judgment may be made within a reasonable period
by a temporary alienation of such property, the court may of
its own motion, instead of proceeding to a sale of such property,
order that provision be made for the satisfaction of the judgment
by mortgage of such property and may authorize the Registrar,
if necessary, to execute the mortgage deed in lieu of the judg-
ment debtor and any other necessary parties and may make
such orders in relation to such mortgage as may be requisite to
carry out this provision ; and the execution of such mortgage
deed by the Registrar shall have the same effect as the execution
thereof by the judgment debtor and any other necessary parties.

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

Execution of judgment for money by attachment of debts.

412.-( 1 ) The court may, on the ex Parte application of any
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 judgment has
been recovered, and that it is still unsatisfied, and to what
amount, and that any other person is indebted to the judgment
debtor and is within the jurisdiction, order that all debts due
or accruing from such, third person (hereafter in this Chapter
called the garnishee) :to the judgment debtor shall be attached
to answer the judgment.

(2) By the same or any 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

As amended by Law Rev. Ord., 1937.





judgment the debt due or accruing from him to the judgment
debtor or so much thereof as may be sufficient to satisfy the
judgment.

(3) At least three days before the day of hearing the order
nisi shall be served on the garnishee and, unless otherwise
ordered, on the judgment debtor or his solicitor, at least three
days before the day of bearing.

413. Service of an order that debts due 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 judg-
ment debtor or an amount equal to the judgment.

(2) On such paytment being made the court may make such
order as it may think proper for the disposal of the amount paid
into court.

415. If the garnishee does not forthwith pay into court the
amount due from him to the judgment 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 execution to issue,
and it may issue accordingly, without any previous writ or
process, to levy the amount due from the garnishee or so much
thereof as may be sufficient 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 manher in which any issue 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 and state the nature and particulars
of his claim upon such debt.
(2) After hearing the allegations of any third person under
such order and of any other person whom by the same or any





subsequent order the court may order to appear, or in case
of such third person not appearing when ordered, the court may
order execution to issue to levy the amount due from the
garnishee or so much thereof as may be 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 terins, in all cases, with respect to the lien or charge, if
any, of such 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 a
valid discharge to him as against the Judgment debtor as to the
amount paid or levied, although such proceeding may be set
aside or the judgment reversed.

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

420.-(1 ) In any case of attachment of debts the court may
appoint a manager of such debts with power to sue for such
debts and to execute 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 marager shall be bound to render frorn time to
time due and 'proper accounts of his receipts and disbursements,
as the court may direct.

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


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

[Originally No. 5 of 1901. No. 32 of 1931. No. 1 of 1933. No. 13 of 1933. Law Rev. Ord., 1937. Law Rev. Ord., 1939.] Short title. Interpretation. H.K. Code, s. 2. Action. 36 & 37 Vict. c. 66, s. 100. [s. 2 contd.] The bailiff. Cause. Cause of action. H.K. Code, s. 2. This Code. The court. The Hong Kong 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. Savings 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.] 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. Indorsement in actions by moneylenders. O. 3, r. 10. Ordinance No. 16 of 1911. Procedure on default of appearance to specially indorsed writ. H.K. Code, s. 13 (1). O. 13, rr. 3, 8. O. 13, rr. 3, 16. Ordinance No. 16 of 1911. 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 ordinary 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. 4B. Schedule. Forms Nos. 3, 4, 5. Filing of copy of originating summons. O. 54, r. 4B. Appearance to originating summons. O. 54, r. 4C. 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. 2. 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). [cf. O. 9, r. 2; O. 67, r. 6.] O. 10. Service on defendant in public service. H.K. Code, s. 8 (4). Service on certain 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 [s. 42 contd.] jurisdiction. O. 11, r. 1. Schedule. Forms Nos. 7, 8. 22 & 23 Geo. 5, c. 36. O. 11, r. 4. [s. 42 contd.] O. 11, r. 5. O. 11, r. 6. Schedule. Form No. 8a. O. 11, r. 7. O. 11, r. 3. O. 11, r. 8A. 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. Procedure in cases where a Convention applies. O. 11, r. 13. 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 of 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). O. 13, rr. 3, 16. Ordinance No. 16 of 1911. Procedure on default of appearance to originating summons. O. 13, r. 15. General rules as to joinder of persons as plaintiffs. O. 16, r. 1. Case of action commenced in name of wrong plaintiff. O. 16, r. 2. Case of counterclaim where a plaintiff is wrongly joined. O. 16, r. 3. General rules as to joinder of persons 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 waste, etc. O. 16, r. 37. Case of numerous persons having same interest. O. 16, r. 9. Power to approve compromise in absence of some of the persons interested. O. 16, r. 9A. Misjoinder and nonjoinder 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. Schedule. 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. Third-party notice. O. 16A, r. 1. Form and issue of notice. O. 16A, r. 2. Schedule. Forms Nos. 12, 12a. Effect of notice. O. 16A, r. 3. Appearance. O. 16A, r. 4. Default by third party. O. 16A, r. 5. Defendant's remedy. O. 16A, r. 6. Third party directions. O. 16A, r. 7. Leave to defend. O. 16A, r. 8. At trial. O. 16A, r. 9. Costs. O. 16A, r. 10. Fourth and subsequent parties. O. 16A, r. 11. Co-defendants. O. 16A, r. 12. Counterclaim. O. 16A, r. 13. 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. Rule 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 to 108. 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, s. 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. 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). Schedule. Form No. 15. Description of parties. H.K. Code, s. 24 (1). Claim beyond indorsement on writ. O. 20, r. 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. Cod, 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 improperly 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. Payment into court. O. 22, r. 1. Specific causes of action. Notice. Schedule. Form No. 16a. Plaintiff may take out money. O. 22, r. 2. Schedule. Form No. 16b. Plaintiff may tax costs. Money remaining in court. O. 22, r. 3. Several defendants. O. 22, r. 4. Schedule. Form No. 16b. Counterclaim. O. 22, r. 5. Non-disclosure of payment into court. O. 22, r. 6. Ordinance No. 1 of 1887. Money paid into court under order. O. 22, r. 8. 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. 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. 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. 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 (3). Production of documents. O. 31, r. 14. Inspection of document referred to in pleadings, etc. O. 31, r. 15. Time and place 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 (1). Claim of privilege. O. 31, r. 19A (2). Premature discovery for 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 trail. 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 issues 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 inquiries 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 inquiries. O. 33, r. 7. Rule 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. Form No. 23. Agreement of parties for payment of money, etc., on decision of special case. H.K. Code, s. 88. O. 34, r. 6. Judgment and execution on decision. O. 34, r. 6. Power for persons interested in question as to construction of enactment, etc., to concur in stating special case for opinion of the court, and procedure thereon. 13 & 14 Vict. C. 35, 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 money, etc., on decision of questions. Judgment and execution on decision. O. 34, r. 11. 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 (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 different from 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. Inspection by jury. O. 50, r. 5. Application for order of mandamus, 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. (2), (3). Right to trial by jury in action of libel, etc. 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. 2. Provision for different modes of trial for trial for different questions. O. 36, r. 7. Trial by the Full Court. [cf. No. 8 of 1933.] 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). O. 27, rr. 2, 16. Ordinance No. 16 of 1911. 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 (1) to (10). Notes of evidence. H.K. Code, s. 62 (11). Remarks on demeanor 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. (18), (19). Evidence in mitigation of damages in action for libel or slander. O. 36, r. 37. Power of the court to direct non-suit, etc. H.K. Code, s. 65 (1) to (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 been 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. Custody of deposition taken on examination. Report of examiner on examination, and proceedings thereon. O. 37, r. 17. Procedure for obtaining evidence in the Colony for use in foreign tribunal. O. 37, rr. 54 to 60. Ordinance No. 2 of 1889. 33 & 34 Vict. c. 52. [s. 326A contd.] Schedule. Form No. 49. Schedule. Form No. 50. 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) to (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, etc. 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 original affidavit. H.K. Code s. 56 (12). 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 for admission of affidavit. H.K. Code, s. 55 (4). Rules as to examination of witnesses. H.K. Code, s. 55 (7) to (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 awarded generally. Judgment in case of set-off and counterclaim for money. H.K. Code, s. 67 (8). Indorsement to be made on judgment requiring act to be done within limited time. O. 41, r. 5. Effect and enforcement of order of the court. H.K. Code, s. 80. O. 42, r. 24. 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. definition of costs. H.K. Code, s. 94 (2). Taxation of costs. 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 representative of deceased person. H.K. Code, s. 70 (5). Judgement 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 sale in 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. 22. Duration and renewal of writ. 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 precipice 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 execution in certain cases, and proceedings thereon. H.K. Code, s. 73. O. 42, r. 23. [cf. S. 100.] application for leave to issue execution by one of several persons entitled. Indian Code, s. 231. Staying execution on ground of new facts. O. 42, r. 27. Staying execution on previous judgment where action pending between same parties. H.K. Code, s. 72 (3). Issue and date of writ. 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 disposses him of immovable property under judgment. H.K. Code, s. 75 (5). Effect of decision under s. 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. [cf. No. 39 of 1932, s. 255.] 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). [cf. s. 459.] Attachment of property in custodia legis. H.K. Code, s. 76 (6). Service of prohibitory order. H.K. Code, s. 76 (8). [cf. No. 39 of 1932, s. 255.] 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 judgement. 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 to judgment creditor of proceeds of debts attached. 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). Effect of sales in execution without notice of claim by third party. 3 & 4 Geo. 5, c. 34, s. 15. Ordinance No. 10 of 1931. 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 she 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). Support and maintenance allowance to prisoner for debt. H.K. Code, s. 79 (1). [cf. S. 569 (3).] 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 support and maintenance 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 to show cause why he should not be punished. H.K. Code, s. 81 (1), (2). Service of order, etc. H.K. Code, s. 81 (3). Proceedings on return-day 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 directed to be done at expense of party refusing to do it. O. 42, r. 30. Enforcement of judgment against disobedient corporation. O. 42, r. 31. Proceedings by foreign attachment. H.K. Code, s. 82 (1). Issue of writ of foreign attachment. 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). [cf. S. 404.] 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 immovable 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 several 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. H.K. Code, 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). Crown suits to be in the name of the Attorney General. Mode of preferring claim against Government. H.K. Code, s. 83 (1), (2). 23 & 24 Vict. C. 34. 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. 4A, r. 2. Service on partners sued 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. [cf. O. 16, rr. 22 to 31H.] Application by poor person to sue or defend as pauper. H.K. Code, s. 86 (1). Assignment of counsel and solicitor to consider case. H.K. Code, s. 86 (1). Order for admission to sue or defend as pauper. H.K. Code, s. 86 (1). Assignment of counsel and solicitor to assist pauper. exemption of pauper from fees. H.K. Code, s. 86 (4). [cf. O. 16, s. 28.] Duty of counsel or solicitor assigned to act. [cf. O. 16, r. 30 (3).] Punishment of person taking fee from pauper. [cf. O. 16, r. 28.] Dispaupering of pauper. H.K. Code, s. 86 (5). Duty of solicitor of pauper as to signing of documents. O. 16, r. 13D. 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 of term or 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. 218. Right of plaintiff to claim mandamus by indorsement on writ. H.K. Code, s. 85 (1). Setting forth of grounds for mandamus in statement of claim. H.K. Code, s. 85 (2). Proceedings in action claiming mandamus. 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 prerogative writ. 17 & 18 Vict. C. 125, 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.] Decisions of question of law. O. 57, r. 9. [cf. s. 535.] Failure of claimant to appear or refusal to comply with order. O. 57, r. 10. Appeals in interpleader O. 57, r. 11. Application of Chapters VI and XII. O. 57, r. 13. General powers of 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. Provisions 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. Power 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 subpcena. 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 for report. 15 & 16 Geo. 5, c. 49, s. 88. Reference for trial. 15 & 16 Geo. 5, c. 49, s. 89. Powers of referee, and [s. 553 contd.] procedure on reference. 15 & 16 Geo. 5, c. 49, s. 90 (1). O. 36, r. 48. O. 36, r. 49. 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. Setting aside judgment of referee. Effect of report or award. 15 & 16 Geo. 5, c. 49, s. 90 (2). Remuneration of referee, etc. 15 & 16 Geo. 5, c. 49, s. 90 (3). Powers of the court as to reference. 15 & 16 Geo. 5, c. 49, s. 91. Compelling attendance of witness before referee, etc. 52 & 53 Vict. C. 49, s. 18. Statement of special case pending reference. 52 & 53 Vict. C. 49, s. 19. Costs. 52 & 53 Vict. c. 49, s. 20. 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 tc custody of defendant. H.K. Code, s. 16 (5). Support and maintenance of defendant in prison to be paid by plaintiff. [cf. S. 439.] 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 compensation to defendant for unjustifiable attachment. H.K. Code, s. 17 (8). Arrest and detention of ship in special cir- cumstances. 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. [cf. No. 3 of 1932, s. 10 (3).] Adjournment of order for receiver 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. 8 of 1933.] Motions for new trial. 15 & 16 Geo. 5, c. 49, s. 30. General power to order new trial. H.K. Code, s. 68 (1). Application for new trial. H.K. Code, s. 68 (2) to (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 appeals. 15 & 16 Geo. 5, c. 49, s. 31 (1) (h). Limit of time for appeals : security for costs. O. 58, r. 15. Appeal to be by re-hearing on motion. O. 58, r. 1. Service of notice of motion for appeal, etc. 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 of fact. O. 58, r. 11. Transcript of proceedings. Evidence as to direction of or questions by judge. O. 58, r. 13. Interlocutory order not to prejudice 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. Determination on originating summons of questions 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 persons. 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 Ordinance No. 18 of 1934. Application in chambers for relief relating to charity with annual income exceeding $300. 16 & 17 Vict. C. 137, s. 28. 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. Sale of mortgaged property in action for redemption or foreclosure. 15 Geo. 5, c. 20, s. 91. 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 re-conveyance. 15 & 16 Vict. C. 76, s. 219. Cases excepted from operation of section 643. 15 & 16 Vict. c. 76, s. 220. Originating summons for sale, foreclosure, etc. O. 55, r. 5A. Persons to be served with summons. O. 55, r. 5B. Power to judge to obtain assistance of accountant, etc. O. 55, r. 19. 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. Attendance 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. Advertisements. O. 55, r. 44. By whom prepared and signed. O. 55, r. 45. Substance and form of advertisements. O. 55, r. 46. Claimants not sending particulars of claims excluded. O. 55, r. 47. Service of notices on claimants. O. 55, r. 47. Claimants to produce documents if required. O. 55, r. 49. Claimants' affidavits. O. 55, r. 50. Examination and verification of claims. O. 55, r. 51. Adjudication on claims. O. 55, r. 52. Adjournment. Further evidence. O. 55, r. 53. Notice of claims allowed or disallowed. O. 55, r. 54. Unless served with notice claimant need not attend. Costs. O. 55, r. 55. List of claims allowed. O. 55, r. 56. Affidavit verifying claims. O. 55, r. 58. Adjudication on claims. O. 55, r. 59. Claimants who have established their claims to be served with notice of judgment. O. 55, r. 60. Computation of interest on debt carrying interest. O. 55, r. 62. Allowance of 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 of proceedings in chambers. O. 55, r. 73. Drawing up and entering of 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 sittings. 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. 52 & 53 Vict. C. 10, s. 1. Officers of the court, to administer oaths. 52 & 53 Vict. C. 10, s. 2. Application for leave to issue writ of attachment. O. 44, r. 2. Effect of writ 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., 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., App. A, Part I, No. 1. (2) 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., App. K, No. 1A. (1) If the question to be determined arises in the administration of an estate or a trust, intitule 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., App. K, No. 1B. (1) State the object of the application. R.S.C., App. K, No. 1H. (1) State the object of the application. R.S.C., App. K, No. 1F. (1) Insert the name of the defendant or respondent. R.S.C., App. A, Part I, No. 5. R.S.C., 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., App. A, Part I, No. 9. R.S.C., App. A, Part I, No. 10A. R.S.C., App. A, Part I, No. 10B. R.S.C., App. A, Part I, No. 10C. R.S.C., App. K, No. 20A. R.S.C., App. A, Part II, No. 1. R.S.C., App. A, Part II, No. 8. R.S.C., App. G, No. 28. R.S.C., App. B, Part II, No. 1. R.S.C. App. B, Part II, No, 1A. R.S.C., App. K, No. 4E, 1. R.S.C., App. K, No. 4F. (1) Mention the judge. R.S.C., App. E, Sec. II. R.S.C., App. E, Sec. II. R.S.C., App. B, Part II, No. 3. R.S.C. App. B, Part II, No. 4. R.S.C., App. E, Sec. II. R.S.C., App. E, Sec. II. R.S.C., App. E, Sec. III. No. 1. R.S.C., App. B, Part II. No. 6. R.S.C., App. B, Part II, No. 7. R.S.C. App. B, Part II, No. 8. R.S.C., App. G, No. 25. R.S.C. 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., 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., App. B, Part II, No. 25. (1) Insert name, address and description of garnishee. R.S.C., App. K, No. 39. (1) Insert name, address and description of judgment debtor. (2) Mention the judge. R.S.C., App. K, No. 40. (1) Mention the judge. (1) Mention the judge. R.S.C., 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., App. L, No. 2. R.S.C., App. L, No. 3. (a) Name of judge. (b) Description of foreign tribunal. © Name and description of the Ambassador, Minister, Diplomatic Agent or Consul of the foreign country. (d) Name of foreign country. (e) Names of witnesses. (f) Name and address of examiner. (g) Place appointed for examination. (h) Description of documents, if any, required to be produced.

Claim to attached proper-ty.

423.-(1) In the event of any claim being preferred to, or
objection offered against the sale of, any movable or immovable
property which has been attached in execution of a judgment
or under any order for attachment made before judgment, as
not liable to be sold in execution of the judgment, 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 -investigation it appears to the court that the
property was not in the possession of the judgment debtor or
of some person in trust for him, or in the occupancy of some
person paying rent to him, at the time when the property 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 attachment.

(3) If on the investigation it appears to the court that the
property was in the possession of the judgment debtor on his
own account or as his own property and not on account of or
in trust for any other person, or was in the possession of some
person in trust for him, or in the occupancy of some person
paving rent to him, at the time when the property was attached,
the court shall disallow the claim. The party against whom
such order of disallowance is made shall be at liberty to bring
an action to establish' his right at any time within three months
from the elate of the order..

(4) Any such claim or objection shall be made at the earliest
opportunity, by notice in writing filed in the Registry and
supported by affidavit ; and if the property to which the claim
or objection applies has been advertised for sale, the sale may
(if it appears necessary) be postponed for the purpose of making
the investigation : Provided that no such investigation shall be
made if it appears that the making of the clairn 6r objection was
designedly and unnecessarily * delayed with a view to obstruct
the ends of justice and in such case the claimant shall be left
to prosecute his claim, if he thinks fit, by an action in the
ordinary way.





424. Where movable property has been taken in execution'
under the process of the court and any claimant alleges that he
is entitled, under a bill of sale or otherwise, to the property by
way of security for debt, the court may order the sale of the
whole or a part thereof and direct the application of the proceeds
of the sale 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 execution under 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 execution creditor,
and the execution creditor shall, within four days after receiving
the netice, give notice to the bailiff that he admits or disputes
the claim.

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

426. When the execution creditor has given notice to the
bailiff that he admits the claim the bailiff may thereupon with-
draw from possession of the property claimed and may apply
for an order protecting him from an), 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 tile
same : Provided that the claimant shall receive notice of such
intended application and, if he desires it, may attend the hearin-
of the same, and if he attends the court may, in and for the
purposes of such application, make all such orders as to costs
as may be just and reasonable.

Sale of poperty in execution of judgment.

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





427A. Where any goods in the possession of an execution
debtor at the time of seizure by the bailiff or other officer charged
with the enforcement of a writ, warrant or other process of
execution are sold by such bailiff or other officer without any
claim having been made to the same, the purchaser of the goods
so sold shall acquire a good title to the goods so sold and no
person shall be entitled to recover against the bailiff or other
officer, or anyone lawfully acting under the authority of either
of them, except as provided by section 46 of the Bankruptcy
Ordinande, 1931, for any sale of such goods or for paying over
the proceeds thereof prior to the receipt of a claim to the said
goods, unless it is proved that the person from whom recovery
is sought had notice or rnight by making reasonable inquiry
have ascertained that the goods were not the property of the
execution debtor: Provided that nothing in this section con-
tained shall affect the right of any claimant who may prove that
at the time of sale he had a title to any goods so seized and sold
to any remedy to which lie may be entitled against any person
other than such bailiff or other officer or purchaser as aforesaid.

428. At any time within ten days from the date of sale of
any immovable property in execution of a judgment, application
may be made to the court to set aside the sale on the ground
of any material irregularity in the conduct of the sale, but no
such sale shall be set aside on the ground of such irregularity
unless the applicant proves to the satisfaction of the court that
he has sustained substantial injury by reason of such irregularity.

429.-(1) If no such application is made the sale shall be
deemed absolute.

(2) If such application is made and the objection is dis-
allowed, the Court shall -make an order confirming the sale.

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

430. Whenever a sale of immovable property is set aside
for irregularity the purchaser shall be entitled to receive back c

any money deposited or paid by him on account of such sale,
with or without interest, to be paid by such parties and in such
manner as it may appear proper to the court to direct. S

* As amended by No. 13 of 1933 [23.6.33].





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

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

432.-(1) Where the property sold consists of immovable
property in the occupancy of the judgment debtor, or of some
person on his behalf, or of some person claiming under a title
created by the judgment debtor subsequently to the attachment
of the property, the court shall, on the application of the pur-
chaser, order delivery of the property to be made by putting
the party to whorn the property has been sold, or any person
whom lie may appoint to receive delivery on his behalf, in
possession thereof and, if necessary, by removing any person
who may refuse to vacate the same.

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

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

(2) If it appears that the resistance or obstruction to the
delivery of possession was occasionpd by any person other than
the judgment debtor claiming a right to the possession of the
property sold as proprietor, mortgagee, lessee, or under any
other title, or if in the delivery of possession to the purchaser





any such person claiming as aforesaid is dispossessed, the court,
on the complaint of the purchaser or of such person claiming
as aforesaid, if made within one month from the date of such
resistance or obstruction or of such dispossession, as the case
may be, shall inquire into the matter of the complaint and make
such order as may be proper in the circumstances of the case.

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

434.-(1) Where the property, sold consists d movable
property in the possession of the judgment debtor, or to the
immediate possession of which the judgment debtor is entitled,
and of which actual seizure has been made, the property shall be
delivered to the purchaser.

(2) Where the property sold consists of 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 be made by the
bailiff, 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, not being
negotiable instruments, or of shares in any public company or
corporation, the court shall, on the application of the purchaser,
make an order prohibiting the judgment debtor from receiving
the debts and his debtor from making payment thereof to any
person except the purchaser, or prohibiting the person in whose
name the shares are standing from making any transfer of the
shares to any person except the purchaser, 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 to any person except
the purchaser.

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

437.-(1) If the execution of a transfer by any person in
whose name any share in a public company or corporation is





standing, or the indorsement by any person of any negotiable
instrument, or the execution by any person of any deed or other
instrument relating to immovable property or any interest therein,
is lawfully required to give effect to any sale in execution of a
Judgment, the Registrar, with the sanction of the court, may-

(a) execute such transfer; or

(b) indorse such negotiable instrument; or

(c) execute such deed or other instrument.

(2) The execution of such transfer, the indorsement of such
negotiable instrument and the execution of such deed or other
instrument by the Registrar shall have the same effect 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 dividend or interest due in respect of
any such share or negotiable instrument.

Execution of judgment for money by imprisonment.

438. No person shall be imprisoned. in execution of a judg-
ment for a longer period than one year, or for a longer period
than six months if the judgment is for the payment of money
not exceeding five hundred dollars, or for a longer period than
three months if the judgment is for the payment of money not
exceeding 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 think sufficient' for his support and mainten-
ance, not exceeding two dollars per diem., which shall be paid
by the person at whose instance the judgment has been executed
to the Superintendent of Prisons by monthly payments in
advance, before the first day of each month, the first payment
made to be for such portion of the current month as may remain
unexpired before the judgment debtor is committed to prison.

440.-(1) In case of the serious illness of any person im-
prisoned in execution of a judgment it shall be lawful for the

As anjended by No. 32 of 1931 [23.10.3l.]





court, on the certificate of the surgeon of the prison in which
he is confined or of the chief medical officer of the Government,
to make an order for the removal of the judgment debtor' to the
Queen Mary Hospital and for his treatment there under custody
until further. order.

(2) In any such case the period of the judgment debtor's
stay in hospital shall be counted as part of his term of imprison-
ment and his support and maintenance money shall be paid as
if no such order had been made.

441. Every person imprisoned in execution of a judgment
shall be released at any time on the judgment being fully satisfied,
or at the request of the person at whose instance the judgment
has been executed, or on such person omitting to pay his support
and maintenance money.

442. All sums paid by a plaintiff for the support and main-
tenance of a person imprisoned in execution 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 sum so paid.

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

Asamended by No. 1 of 1933 [17.2.331 and Law Rev. Ords., 1937 and
1939.
As amended by No. 1 of 1933 [17.2.33].
As amended by Law Rev. Ord., 1939.





cause the judgment creditor to be furnished with a copy thereof
and shall fix a reasonable period within which the judgment
creditor may cause the whole or any part of such property to be
attached and sold or may signify his intention of appearing and
opposing the application and make proof that the judgment
debtor's inability to satisfy the judgment is attributable to un-
justifiable extravagance in living or that the judgment debtor,
for the purpose of procuring his discharge without satisfying the
judgment, has wilfully concealed property or his right or interest
therein, or fraudulently transferred or removed property, or corn-
rnitted any other act of bad faith :

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

(4) If, after such investigation as it may think proper on
the application, the court is of opinion that the judgment debtor
should be set at liberty, or if the judgment creditor has not
signified his intention as aforesaid, it shall order the release of
the judgment debtor, but otherwise the court shall retain the
judgment debtor in prison unless lie has already been in prison
on account of the judgment for the full term for which he is liable
to imprisonment.

444. When any person imprisoned in execution of a judg-
ment has been once discharged he shall not again be imprisoned
on account of the same judgment, but his property shall continue
liable, under the ordinary rules, to attachment and sale until the
,Judgment is fully satisfied.

Committal for disobedience to judgiment.

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

(2) The court, unless it sees good reason to the contrary,
shall, on such application, make an order accordingly.





(3) The court shall not grant the order except on evidence.
upon oath or by affidavit establishing such a case as, if uncon-
tradicted and unexplained, would justify the immediate committal
of the person disobeying the judgment.

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

447. On the return-day of the order, if the person to whom
it is directed does not attend and does not establish a sufficient
excuse for not attending, and if the 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
riot be punished for the disobedience, the court may issue a
warrant for his committal 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 disobedience, direct that the warrant for his com-
mittal to prison shall issue oilly after a certain time 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 a judgment
shall be liable to be detained in custody tintil he Ms obeyed the
judgment in all things which are to be immediately performed
and given such security as the court may think fit to obey the
other parts of the judgment, if any, at the future 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, granted in an action or otherwise, or
a mandatory order, injunction or judgment for the specific per-
formance of any contract is not complied with, the court, besides
or instead of proceedings against the disobedient party for con-
tempt, may direct that the act required to be done may be done
so far as practicable by the party by whom the inandamus,
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, the expenses incurred may





be ascertained in such manner as the court may direct and
execution may issue for the.amount so ascertained, and costs.

451. Any judgment against a corporation which is wilfully
disobeyed may, by leave of the court, be enforced by seques-
tration against the corporate property, or by committal of the
directors or other officers thereof, or by writ of sequestration
against their property.

PART II.

SPECIAL ACTIONS AND PROCEEDINGS.

CHAPTER XVII.

FOREIGN ATTACHMENT.

452. Proceedings by foreign attachment may be taken in the
manner hereinafter prescribed in any action, provided that the
cause of action arose within the jurisdiction.

451- (1) On the filing in court by the plaintiff in any such
action of an affidavit to the following effect-

(a) that the cause of action arose within the jurisdiction;

(b) that the plaintiff has taken out a writ of summons against
the defendant, but that the defendant is absent from the Colony
or that there is probable cause to believe that the defendant is
concealing himself to evade proceedings;. and

(c) that the defendant is beneficially entitled to movable
property within the jurisdiction in the custody or under the
control of any other person within the jurisdiction, or that such
other person (hereafter in this Chapter called the garnishee) is
indebted to the defendant, or that the defendant is beneficially
entitled to immovable property, or to any interest therein, within
the jurisdiction,

and on the giving of the bond hereinafter mentioned, the
Registrar may issue a writ of general attachment 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
the date, 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 has ever been within the
Colony or not.

455.-(1) Before the writ issues, 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, at any tirne within the
period hereinafter limited in that behalf, causes the writ to be
set aside. or any judgment Which May be given in the action
to be reversed or varied, the plaintiff will pay to the defendant
all such sums of money, damages, costs and charges as the
cotirt may order and award on account of or in relation to the
action and the attachment, or either of them: Provided that the
court shall not award a larger amount of damages than it is
competent to award in an action for damages, and such award
shall bar any action for damages in respect of the action and
attachment.

(2) The bond shall be in such form and given to such
person as the court may from time to time or in any particular
case approve and direct, and shall be entered into before the
Registrar and deposited in the Registry.

456.-( 1 ) If in any case it is made to appear to the satis-
faction of the court, by affidavit or otherwise, that in the circum-
stances it is expedient that the writ should issue forthwith and
before the bond has been entered into, the court may order the
writ to issue accordingly, on such terms as it may think fit,
and by, the same order shall limit the time, not exceeding seven
days from the date of the issue of the writ, within which the
bond must be entered into and deposited as aforesaid.
(2) If default is made in complying with the requirements
of the order within the time thereby limited, the court ma ' v
dissolve the writ and thereupon may award damages and costs
to the defendant in the manner hereinbefore provided in the case

As amended by Law Rev. Ord., 1939.





of a writ being set aside or a judgment in the action being
reversed or varied.

457. Every writ against movable property shall be executed
by the bailiff.

458.-(1) Where two or more writs issue at the suit of
different plaintiffs they shall take priority respectively according
to the date and time at'which they reach the hands of the bailiff
for execution.

(2) No such writ shall take priority over a writ of execution
in an action pending at the date of such writ of foreign attach-
ment.

(3) The bailiff shall indorse on every such writ the date and
time of the same coming 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 attachment
with the consent in writing of the Attorney General and in such
case the writ shall be served on such public officer.

460. Property in custodid legis shall be liable to attachment
by leave of the and in such case the writ shall be served
on the Registrar.

461. From the time of the, service on the garnishee of the
writ all property wilatsoever within the jurisdiction, otlier than
immovable property or any interest therein, to which the
defendant entioned in the writ is then benericially entitled,
whether solely or jointly with others, and which is in the custody
or under the control of the garnishee, and all debts then due
or accruing from the garnishee to the defendant, shall, to the
extent of the defendant's interest therein and subject te Crown
debts and to any bond fide 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 defendant is beneficially entitled to.
immovable property or to any interest therein, a memorial con-
1





taining 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 registered in the
Land Office, and thereupon the memorial shall be deemed to
have been cancefled.

463. From the time of the registration in the Land Office of
the memorial of the writ all immovable 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 bond 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, without the leave or order of the
court, at any time after the service of the writ and before the
writ is dissolved-

( 1 ) knowingly and wilfully parts with the custody or con-
trol of any property attached in his hands; or

(2) removes the same out of the jurisdiction of the court;
or

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

(4) pays over any debt due by him to the defendant, except-
ing only to or to the use of the plaintiff,

shall pay such damages to the plaintiff as the court may award
and shall further be deemed guilty of a contempt of court and
shall be liable to be proceeded against and punished accordingly:
Provided that the court shall not award a larger amount 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 satis-
faction of the Registrar, by affidavit or otherwise, that there is
reasonable cause to believe that any property attached is in
danger of being removed out of the jurisdiction or of being sold
or 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, by reason of the defendant having entered an appearance
or on any other ground, dispenses with the publication Of SUCh
notice.

468. In, any.case where the place of residence of the defendant
out of the jurisdiction is known the court may, if it thinks fit,
on the application of the garnishee or of any friend or agent of
the defendant or of its own motion, and on such terms as it may
deem reasonable, order that notice of the writ be served on the
defendant out of the jurisdiction and that further proceedings be.
stayed until the further order of the court, but without prejudice
to the attachment under the writ.

469. After the issue of the writ (but subject to the pro-
visions of section 468) the plaintiff may forthwith file his state-
ment of claim and, upon such day after tile return of the writ
as the court may appoint, may proceed to establish his claim
as in an Ordinary action in which there has been due service of
the writ of summons and leave has been obtained to proceed
ex parte.

470.-(1) Qn the trial of the.action.the court shall proceed
to inquire and determine whether in fact the plaintiff's case is
within the provisions of this Chapter and whether the plaintiff
has established his claim, and shall pronounce judgment accord-
ingly; and if the plaintiff obtains judgment the court may,
at the same or any subsequent sitting, examine or permit the
plaintiff to examine the garnishee or any other person, and

*As Amended hy Law Rev. Ord., 1939.





determine what property, movable or immovable, is liable to
attachment under the writ.

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

(3) The court maY, at the instance of any person interested
in the inquiry or of its own motion, summon 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 or at
any subsequent sitting, order that execution shall issue against
all or an), part of the property attached which the court may
have declared to be liable to satisfy the plaintiff's claim; and
all the provisions of this,Code relating to execution of judgment
in an ordinary action shall apply to the execution so ordered.

(5) If the plaintiff fails to obtain judgment the court shall
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
may think proper and order the goods to be landed and ware-
housed in custodid legis, without prejudice to the master's lien
thereon, and may dissolve the attachment 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 rnore claimants to any property,
attached under a writ or to any interest therein, the court may
in its discretion summon before it all the clainiants and maY





make such, orders for the ascertaining of their respective rights
and for the custody of the property in the meanwhile as it may
think fit, either under this Chapter or under the provisions of
this Code relating to claims to attached property or to interpleader
proceedings.

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

474. The court at any time before judgment, on being
satisfied by affidavit or otherwise that the defendant has a sub-
stantial 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.

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

476. The defendant may at any time within twelve months
from the date of judgment, notwithstanding that the property
attached or any part thereof may havebeen sold in satisfaction
of the plaintiff'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 earlier 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 setting
aside of any judgment given under this Chapter or of any sub-
sequent proceedings shall not affect the title of any bond fide





purchaser for valuable consideration of any property sold in
satisfaction of the plaintiff's claim.

CHAPTER XVIII.

ACTION BY OR AGAINST THE GOVERNMENT.

478. The Attorney General may lawfully commence and
prosecute in his own name any action or other civil proceedings
in respect of any claim made by the Crown, or by the Governor
or Government, or by any officer of the Government in his
official capacity, against a defendant whether the cause of action
arises out of contract or tort or otherwise

Provided always that this section shall not affect the com-
mencement or prosecution of any proceedings in respect of
which any enactment provides that such proceedings shall be
taken in the narne of some public officer other than the Attorney
General.

479.-(1) Any claim against the Government of the same
nature 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.
(2) In any such case it shall not be necessary for the
plaintiff to issue a writ of summons but the action shall be com-
nienced by the filing of a statement of claim and the service of
a sealed copy thereof on the Crown Solicitor.

480.-(I) On the application of the Crown Solicitor, the
Registrar shall deliver to him the original statement of claim
for submission to the Governor, whose consent shall be necessary
to the continuance of the action. Such consent may be withheld
upon such grounds as would justify the Attorney General of
England in refusing his fiat.
(2) If the Governor grants his consent as aforesaid such
consent shall be indorsed on the statement of claim, which shall
then be returned by the Crown Solicitor to the Registrar.

(3) In such case the action may, subject to the provisions
of this Chapter, proceed and be carried on under the ordinary
procedure provided by this Code.

* As amended by Law Rev. Ord., 1939.





481. All other documents, notices or proceedings in the
action which in all ordinary action would be required to be
served oil the defendant shall be served on the Crown Solicitor.

482. Whenever in any such action judgment is given against
the Government no execution shall issue thereon but a copy
of the judgment, under the seal of the court, shall be transmitted
by the court to the Governor.

CHAPTER XIX.

ACTION BY OR AGAINST FIRM, ETC.

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

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

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

(2) If the plaintiffs or their solicitors fail to comply with
such demand all proceedings in the action may, on an applica-
tion for that purpose, be stayed, on such terms as the court
rnay direct.

(3) When the names of the partners are so declared the
action shall proceed in the same manner, and the same con-
sequences in all respects shall follow, as if they had been named
as the plaintiffs in the writ; but all the proceedings shall never-
theless continue in the name of the firm.

485-(1) Where persons are sued as partners in the name
of their firm the writ shall be served either on any one or more
of the partners or at the principal place within the Jurisdiction





of the business of the partnership on any person having at the
time of service the control or management of the partnership
business there.

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

486-(1) Where a writ is issued against a firm and is
served as directed by section 485, every person on whom it is
served may, be informed by notice in writing, given at the time
of such service, whether he is served as a partner or as a person
having the control or management of the partnership business
or in both characters.
(2) In default of such notice the person served shall be
deemed to be served as a partner.

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

488. Where a writ is issued against a firm and is served on
a person having the. control or management of the partnership
business, no appearance by him shall be necessary unless he
is a member of the firm sued.

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

490-(1) Where judgment is given against a firm execution
rilay issue-
(a) against any property of the partnership within the
jurisdiction ;
(b) against any person who has appeared in his own name
under section 487 or section 488, or who has admitted 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 be tried and determined in any 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, release or other-
wise affect an), member thereof who was out of the jurisdiction
when the writ was issued and who has not appeared to the writ,
unless the writ has been served on him out of the jurisdiction
with the leave of the court or he has been served within the
jurisdiction after the writ was issued.

491-(1) Debts owing from a firm carrying on business
within the Jurisdiction rnay be attached under Chapter XVI
although one or more members of such firm may be resident
abroad, provided that any person having the control or manage-
ment 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 and to actions
between firms having one or more members in common, provided
stich firm or firms carry on business within the jurisdiction, but
no executlon shall be issued in any such action without the
leave of the court, and on an application for leave to issue such
execution all Such accounts and inquiries may be directed to be
taken and made, and directions given, as may seem just.

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





CHAPTER XX.

ACTION BY OR AGAINST PAUPER.

494,(1) Any poor person, before Commencing or defend-
ing any action or other proceeding in the court in his own right
or becoming poor during the progress thereof, may apply to the
court by petition for leave to sue or defend as.a. pauper.

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

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

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

496.-(1) No person shall be admitted to sue or defend as
a pauper unless the case laid before'counsel for his opinion and
his opinion thereon, with an affidavit of the party, or his solicitor,
that the case contains a full and true statement of all the
material facts to the best of his knowledge and belief, and with
a certificate signed by counsel that lie, 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 rnay
order that the petitioner shall be admitted to sue or defend, as
the case may be, as a pauper.

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

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

(2) A person admitted to sue or defend as a pauper shall
not be liable to any court fee.. Provided that if such person
succeeds and costs are adjudged to be paid by his opponent,





then his counsel and solicitor shall be entitled to and shall receive all such
fees as the Registrar may allow to them on taxation, and such court fees as
would in other cases be chargeable shall be charged and recovered.

499. A counsel or solicitor assigned under this Chapter shall not be at
liberty to refuse his assistance unless lie satisfies the court that lie 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 conduct of, his business in the court.

(2) Every person who takes or agrees to take or seeks to obtain any such
fee, profit or reward shall be deemed guilty of a contempt of court and shall
be liable to be proceeded against and punished accordingly.

501. If any person admitted to sue or defend as a pauper--

(1) 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 vexatious or improper 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 any person admitted
to sue or defend as a pauper, except for the discharge of his solicitor, unless
it is signed by his solicitor, if any.

(a) 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 IMMOVABLE
PROPERTY.

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

504. The Attorney General may lawfully institute and pro-
secute in his own name an action for recovering unto the Crown
any immovable claimed by the Crown and whereof the
Crown is not in actual possession.

505. Any person not named as a defendant 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 lie is in possession of the property
either by himself or by his tenant.

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

507. Where a person not named as defendant in a writ of summons for
the recovery of immovable property has obtained leave of the court to appear
and defend, he shall enter an appearance, according to the provisions of
Chapter 1, entitled in the action against the party named in the writ as
defendant, and shall forthwith give notice of such appearance to the plaintiff's
solicitor or to the plaintiff if he sues in person, and shall in all subsequent
proceedings be named as a party defendant to the action.

508.-(1) Any person appearing to a writ of 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 him or his solicitor.

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





509. No defendant in an action for the recovery of immov-
able property who is in possession by himself or by his tenant
need plead his title, unless lie is in possession by virtue of
a lease or tenancy granted by the plaintiff or his predecessor
in title, or unless ]lis defence depends on an eqiiitable estate
or right or he claims relief on any equitable ground against
any right or title asserted by the plaintiff. But, except in the
cases hereinbefore mentioned, it shall be sufficient to state by
way of defence that he is so in possession, and it shall be taken
to be implied in such statement that he denies, or does not admit,
the allegations of fact contained in the plaintiff's statement of
claim. He may, nevertheless, rely on any ground of defence
which he call prove, except as hereinbefore mentioned.

Action of ejectntent.

510. Every tenant to whom ally writ in ejectment is delivered,
or to whose knowledge it comes, shall forthwith give notice
iliereof 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 lie holds, to be recovered by action in lily court having
jurisdiction for the amount.

511.-(1) In all cases between landlord and tenant, as often
as it happens that one half-year's rent is in arrear, and the
landlord or lessor to whom the same is due has 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 served, 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 in the place and stead of a derriand and
re-entry ; and if it is made to appear to the court at the trial that
half a year's rent was due before the writ was served, and that
no sufficient distress was to be found oil the demised premises,
countervailing the arrears then due, and that the landlord or
lessor had power to re-enter, then the landlord or lessor shall
lecover judgment and execution in the same manner as if the
rent in arrear had been legally demanded and a re-entry rnade.

As amended by Law Rev. Ord., 1939.





(2) In case the lessee or his assignee, or other person claim-
ing or deriving under the lease, permits and suffers judgment
to be liad and recovered on such trial in ejectment, and execution
to be executed thereon, without paying the rent and arrears,
together with full costs, and without proceeding for relief on
equitable grounds within 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 fore-
closed from all relief or rernedy in law or equity, other than by
bringing an appeal against such judgment; and the landlord
or lessor shall frorn thenceforth hold the demised premises dis-
charged from such lease: Provided that nothing herein contained
shall extend to bar the right of any mortgagee of the lease, or
any part thereof, who is not in possession, if such mortgagee
within 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 covenants and agree-
merits which, on the part and behalf of the first lessee, are and
ought to be performed.

512-( 1 ) In case the lessee or his assignee, or other person
claiming any right, title or interest in law or equity of in or
to the lease, within the time aforesaid, applies to the court for
relief on equitable grounds, such person shall not be entitled to
a stay of the 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 mones, as the landlord or lessor in his answer swears
to be due and in arrear over and above all just allowances, and
also the costs taxed in the said action, there to remain until the
trial of the cause, or to be paid out to the landlord or lessor
on good security, subject to the judgment of the court.

(2) In case such application for relief on equitable grounds
is made within the time aforesaid and after execution is executed,
the landlord or lessor shall be accountable only for so much and
no more as lie may really and bona fide, without fraud, deceit
or wilful neglect, make of the demised premises from the time
of his entering into the actual possession thereof; and if what
is so made bv the landlord or lessor happens to be less than the
rent reserved on the lease, then the lessee or his assignee, before

As amended by Law Rev. Ord., 1939.





he is restored to his possession, shall pay to the landlord or
lessor the amount by which the money so made by him fell
short of the reserved rent for the time the landlord or lessor held
the demised premises.

513. If the lessee or his assignee, at any time before the
trial in such ejectment, pays or tenders to the landlord or lessor,
his executors or administrators, or his or their solicitor in the
cause, or pays into court, all the rent and arrears, together 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 according to the lease thereof
made, without any new lease.

514.-(1 ) Where the te rm or interest of any tenant holding
under a lease or agreement in writing any immovable property
for any term or number of years certain, or from year to year,
has expired or been determined, either by the landlord or tenant,
by re-ular 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 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 eject-
ment for the recovery of possession, it shall be lawful for him,
at the foot of the writ in ejectinent, to address a notice to such
tenant or person requiring hinn 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-appear-
ance, on an affidavit of service of the writ and notice, it shall
be lawful for the landlord, on his producing the lease or agree-
ment or some counterpart or duplicate thereof, and proving the
execution of the same by affidavit, and upon affidavit that the
premises have been actually enjoyed under such lease or agree-
ment, and that the interest of the tenant has expired or been
determined by regular notice to quit, as the case may be, and
that possession has been lawfully demanded in manner aforesaid,
to apply to the court, by motion or summons, for such tenant
or person to show cause, within a time to be fixed by the court
on a consideration of the situation of the premises, why such
tenant or person should not enter into a recognizance by himself





and two sufficient sureties in a reasonable sum conditioned to pay
the 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 bc fixed on a consideration of all the circum-
stances, to find such ball, with such conditions and in such
manner as may be speefflied ill the order.

(1) If such tenant or person refuses or neglects to comply
with the order and Javs no ground to induce the court to enlarge
the time for obeving the same, then the landlord, on filing an
affidavit that the order has been made and served and not coin-
plied with, shall be at liberty to sign judgment for recovery of
possession and costs.

515. When. it appears, on the trial of any ejectment at the
suit of a landlord against a tenant, that the tenant 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 from the day of the expiration or
determination of the tenant's interest in the same down to the
time of the judgment given in the cause or to some preceding
day to be specially, mentioned 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 amount of damages to be paid for such mesne prorits;
and in such case the landlord shall have judgment within the time
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 such 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 of possession of the premises recovered in the ejectment.

516. Nothing in this Chapter shall be construed to prejudice
or affect any other right of action or remedy which a landlord
may possess in any of the cases hereinbefore provided for, other-
wise 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
mandamus, and the plaintiff may thereupon claim in the state-
,ment of claim, either together with any other demand which may
be enforced in such action or separately, a writ of mandamus
commanding'ihe 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 sOfficient 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 darnage by the non-performance
of such duty, and that performance thereof has been demanded
by him and refused or omitted.

519. The proceedings in any such action shall be the same
in all respects, as nearly as may be, as in an ordinary action for
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 disobedi-
ence, 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 allowed, 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.





Prerogative writ of mandamus.

522. Nothing in this Chapter 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 if
mandamus under this Chapter.

523. On application 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 forthwith,
but time to return it may, on sufficient grounds, be allowed by
the court, either on or without terms, as to the c6urt may seem
just.

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

CHAPTER XXIII.

INTERPLEADER.

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

(2) where the applicant is the bailiff and claim is made to
any movable property taken or intended to be taken in execution
under any process, or to the proceeds or value of any such
movable 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 claim-
ants ; and





(3) that the applicant, except where he is the bailiff and
has seized movable. property and has withdrawn from,'possession
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 the claimants have 'not a common origin
but are adverse to and independent of one another.

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

529. ' The applicant may take out a summons. calling on the
claimants to appear and state the nature and particulars of their
claims, and either to maintain or relinquish them.

530. If the application is made by the defendant in an action
the court may stay all further proceedings in the action.

531. If the claimants appear in pursuance of the summons
the court may order either that. any. claimant be made 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 terms as may be just.

533. Where the question raised by the.claims is a question
of law and (he facts are not in dispute, the court may either
decide the question without directing the trial of an issue or order
that a special case be, stated for the opinion of the court.

534.. If a claimant, having been duly served with a summons
calling on him to appear and maintain or relinquish his claim,
does not appear in pursuance of the summons or, having
appeared, refuses or neglects to comply 'With any order made





after his a pearance, the court may make an order declaring him
and all persons claiming under him for ever barred against the
applicant and persons claiming under him, lut the order. shall
not affect the rights of the claimants as between themselves.

535.-(1) The decision of the court in a summary way
under section 532 and the decision of the court on a question
of law under section 533 shall be final and conclusive against
the claimants and all persons claiming under them unless leave
to appeal is given by the court or by the Full Court..

(2) Where an interpleader issue is tried by a judge alone
an appeal shall lie from any decision arrived at or any judgment
directed by the judge.

(3) Where an interpleader issue is tried by a judge with a
jury, an application for a new trial or to set aside the verdict,
finding or judgment may be made.

(4) Where the court or a judge tries an interpleader issue
and finally disposes of.the whole. matter under section 536, an
appeal shall lie from the decision or judgment.

(5) Any appeal under this section shall be to the Full Court
and shall be deemed to be interlocutory.

536. Chapters VI and XII shall, with the necessary modi-
fications, apply to an interpleader issue; and the court may finally
dispose of the whole matter of the interpleader proceedings,
including all costs not otherwise provided for.

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

CHAPTER XXIV.

REFERENCE TO ARBITRATION.

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

As amended by Law Rev. Ord., 1939.





Reference by c6nsent out of court.

539. A, submission, unless a contrary intention is expressed.
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 expressed
therein, shall be deemed to include 'the provisions hereinafter 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 arbitratots, the two arbitrators
may appoint an umpire at' any time within the period juring
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 any party to the
submission, or on or before any later day to which the arbitrators,
by any writing signed by them, may from time to time enlarge
the time for making the award;

(4) if the arbitrators have allowed their time or extended
,time to expire without making an award, or have delivered to
any party 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 months
after the original or extended time appointed for making the
award of the arbitrators has expired, or on or before any later
day to which the umpire, by any writing signed by him, may
from time to time enlarge the time for making the award;

(6) the parties to the reference, and all persons claiming
through or under them respectively, shall,subject to any legal
objection, submit to be examined by the arbitrators or 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, accounts, writings and documents in.
their possession or power respectively which may berequired 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 arbitrators or
umpire think fit, be examined upon oath';

(8) the award to be made by the arbitrators or umpire shall
be final and binding on the parties and the 'persons claiming
through or under thein 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 necessary to the
proper condut 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 notshow that.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

(d) where 'an appointed umpire 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





supplied, and the . parties or arbitrators do not supply the vacancy,

any party may serve the other parties or the arbitrators, as the case may be,
with a written notice to appoint an, arbitrator, umpire or third arbitrator.

(2) If the,appointment is not made within 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 Power's 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

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

(2) if, on such a reference, one party fails to appoint an
arbitrator either originally or by way of substitution as aforesaid,
for seven Clear days after the other party, having appointed his
arbitrator, has served the party making default with notice to
make the appointment, the party who has appointed an arbitrator
,may appoiht.,that, arbitrator to act as sole arbitrator in the refer-
ence, 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 appointment made .in
pursuance of this section

544.-(1)* The arbitrators or umpire acting under a submis-

sion shall. unless. the, submission expresses a contrary intention
have power-

(a) to administer oaths to the parties and witnesses appearing;,and

(b) to state an award as to the whole or part thereof in the form of a
special case for the opinion of the court ; and

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

(2) The arbitrators or umpire acting under a-submission ,shall, also have
such. authority, and shall conduct the reference in such manner, as is
hereinafter mentioned; that is to say





(a) they may hold the proceedings on the reference at or
adjourn them to any place which they may deem most convenient,
and have any inspection or view which they may deem expedient
for the better'disposal of the controversy before them

(b) evidence shall be taken. on the reference, and'the attend.
ance of witnesses may be enforced, by subpoena, and, the pro-
ceedings 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 authorize them to commit
any person to prison or to enforce any order by committal or
otherwise.

(4) When they make an award they shall immediately there-
after 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 subpccna duces tecum,
but no person shall be compelled under any such writ to produce
any document which he could not be compelled to produce on
the trial of an action.

546. The time for making an award may from time to time
be enlarged by order of the court, whether the time for making
the award has expired or not.

547.-(1) In all cases of reference to arbitration the court
way from time to time remit the matters referred, br any of them,
to the reconsideration of the arbitrators or umpire.

(2) Where an award is remitted the arbitrators or umpire
shall, unless the order otherwise directs, make their award within
three months after the date of the order.

548.-(1) Where an arbitrator or umpire has misconducted
himself the court may remove him.
(2) Where an arbitrator or umpire has misconducted 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
withi 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
as may be just, be enforced at any time, though the time for
applying to; set it aside has not elapsed.

Reference unde7 order of court.

551.-(1) Subject to, the provisions of this Code and, to any
right to have particular cases tried by a jury, the court may refer
to a special referee for inquiry or report any question arising in
any cause or matter, other than a criminal proceeding by the
Crown.

(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.

551. In any cause or matter., other than a criminal proceed-
ing 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 ma ' de before
a jury or conducted by the court through its other ordinary
officers; or
(c) if the question indispute consists wholly or in part of
matters of account,

the court may at any time order the whole cause or matter, or
any question or issue of fact arising therein, to be tried before
a special referee or arbitrator respectively agreed on by the parties
or before an officer of the court.

553, In every case of reference to a special, referee or arbitra-
tor or to, an officer of the court under an order of the court in

As amended by Law Rev: Ord., 1939.





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 hereinafter mentioned-,

(i) he may, subject to the order of the court, hold the trial
gt 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 betier disposal of the controversy before him. If lie is
appointed by an order of the court lie shall, unless otherwise
directed by the court, proceed with the trial de die in diem, 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 have
the same authority with respect to discovery and production of
docuplents 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 authorize him to commit
any person to prison or to enforce any order. by committal or
otherwise;

(5) he may, before the conclusion of the trial before him,
or by his report or award under the reference made to him,
submit any question arising therein for the decision of the court,
or state any facts specially, with power to the court to draw
inferences 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 immediately
thereafter cause notice thereof to be given in writing to all 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 adjourned,
it 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 orany 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 cau se 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 refer-
ence, exercise the same discretion as to costs as the court could
have exercised.

554. Where at the trial a special referee, arbitrator or officer
of the court abstains from directing any judgment to be entered,
the plaintiff may set down a motion for judgment. If he does
not set down such a motion and give notice thereof to the other
parties within 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 any 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 court 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 subpcena ad
testificandum or of subpwna duces tecum shall issue to compel
the attendance before a special referee, or before any arbitrator,
umpire or officer of the, court, of a witness wherever he may be
within the Colony.

(2) The court may also order that a writ of habeas corpus ad
testificandum shall issue to bring up a prisoner for examination
before a special referee or before any arbitrator, umpire or
officer of the court.

560. Any special referee, arbitrator,. or umpire or officer of
the court may, at any stage of the proceed ings under a reference,
and. shall, if so directed by the court, state in the form of a
special case for the opinion of the court any question of law
arising in the course of the reference.

561. Any order made under this Chapter may be made on
such terms as to costs, or otherwise, as the authority making the
order thinks just.

[s. 562, rep. Law Revision Ordinance, 1939.]

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 or 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 regulat-
ing the arbitration or with any rules or procedure authorized or
recognized by that Ordinance..

ES. 565, rep. No. ffl of 1911.]

PART III.

PROVISIONAL REMEDIES.

CHAPTER XXV.
ARREST AND ATTACHMENT BEFORE JUDGMENT.

Arrest of absconding defendant.

566. If in any action; not being an action for the recovery
of immovable property, the defendant is about. to leave the.
jurisdiction of the court, or has disposed of or removed from the
jurisdiction of the court his property or any part thereof, the
plaintiff may, either at the institutiort of the action or at any
time thereafter until Anal judgment, apply to the court to call
upon the defendant to furnish sufficient security for his appear-
ance to answer any judgment that may be given against him in
,the action.

567. If the court, after making such investigation as 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 he 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 him to bring the defendant before the Court that he
may show cause why he should not give security for his appear
ance. 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 undertake,
in default of such appearance, to pay any sum of money that
may be adjudged against the'defendant in the action', with. costs..

(4) If the defendant offers, in 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 accept'such deposit in lieu
of bail.

569.-(1) If the defendant complies with the order of the
court 'the warrant shall be discharged and 'the defendant be
released.

(2) if the defendant does 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.

(3) When* a defendant is committed to prison under, sub
section, (2) the court shall fix whatever monthly allowance it
.may think sufficient for his support and maintenance, not
exceeding two dollars 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
support and maintenance money..

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

As amended by No. 1 of 1933 [17.2,33].





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

On such.application being made the judge shall summon the
defendant to appear; or, if necessary., he may issue a warrant for
his arrest in the first instance.

On the appearance of the defendant pursuant. to the sum-
mons or warrant, 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 security, whereupon the provisions of
section 569 (2) shall dgain apply.

571.-(1) If it appears to the court that the arrest of the
defendant was applied for on insufficient grounds, or if the
action is dismissed or judgment is given against the plaintiff by'
default or otherwise, and it appears to thecourt that there wa's
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 of the judgment, award against the
plaintiff such amoitnt, not exceeding one.thousand dollars, as it
may deem a reasonable compensation to the defendant for any
injury or losA which he may have sustained by reason of the
arresi: 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.

Interim attachment of Propeity 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 remgve any such property
from the jurisdiction of the court, the plaintifi 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 same..' ,

. (3) There.shall be ffled with the application an affidavit to
the effect that the defendant is about to. dispose of or remove his
property or some part thereof,,with such intent as aforesaid.

573-(1 ) If the court, after making' such investigation as
k 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 siLid property,
or the value of the same, or such portion thereof as may
sufficient to answer any judgment that may be given against
him in the action, or to appear Wore the court and show . cause
why he should not furnish such security.

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

(3) The attachment shall be made, according to the nature
of the property to be attached, in, the manner prescribed in
Chapter XVI for the attachment of property in'execution of a
judgment for money.

574.-(1) If the defendant shows such. cause' or 'furnishes
the required security 'within the time fixed by the court, and
the property specified in the application, or any portion thereof,
has been attached, the court shall order the attachment to be
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 sufficient
,to answer any judgment that may be given against the defendant
in the. action, shall be attached until the, further order of the
court.

(,3) The attachment shall be made, according to the nature
of the property to be attached, in the manner prescribed in
Chapter 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 ptoperty attached
in execution of a judgment.

576. In any case of attachment before judgment the court
shall at any.time remove the same on the defendant furn`ishing
the required security together with security for the costs of the
attachment.

577.-(1) If it appears to the court t hat 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 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 pronoun-
cing of the judgment, award against the plaintiff such amount,
not.exceeding one thousand dollars, as it may deem a reason-
able 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 compen-
sation 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 attachment.

Arrest and detention of ship.

578.,Where the extreme urgency or other peculiar circum-
stances of the case appear to the court so to, require, it shall be
lawful for the court, on the application of the plaintiff in any





action or of its own motion, by warrant under the seal.of the
court, to stop the clearance or' to order the arrest and detention
by the bailiff of any'ship about,to leave the Colony, other than
a ship enjoying immunity from civil process,' 'and such'clear-
ance shall be stopped or the ship arrested and detained accord-
ingly: Provided that no such warrant 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 plaintiffIby default or other-'
wise 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 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 compen-
sation 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 INJUNCTION.
581.-(1) In any action in which it is shown to the satis-
faction 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 commandingy. him to.,refrain from doing
the particular act complained of, or to giVe such other order
for. the purpose of staying and preventing him from wasting,
damaging or alienating the property as to the court may seem
fit.





(2) In case of disobedience the injunction may be, enforced
by the committal to prison of the person disobeying it.

582.-(1) In any action for restraining the defendant from
the- commission of any breach of contract or other injury, and
whether the same is accompanied by any claim for damages or
not, it shall be lawful for the plaintiff, at any time after the
commencement of the action and whether before or after judg-
ment, 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 of a like kind arising out of the same
contract or relating to the 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 enforced
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 corpora-
tion shall be binding not only' on 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 terms as may seem just.

586.-(I).If it appears 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 other-
wise and it appears to the court that there was no probable
ground for instituting the action, the court may, ow the applica-
tion of the defendant, made 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 the issue of' the injunction
Provided that the court shall not award a larger sum by way o
compensation under this section than it is competent to the cour
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 management
of any property, the subject of an action or other proceeding or
under attachment, the court may appoint a receiver of such
property and, if necessary, order all or any of the following
things-

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

(2) the commitment of such property to the custody or
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 im-
provement 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, ill 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, animay, 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
appointing a person therein named to be receiver the court may adjourn to
chambers the cause or matter then pending, in order 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.

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 be paid by him during the time. the same may appear to have
remained in his hands.

592.-(1) Every such receiver shall leave with the Registrar 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.

The rate of interest in practice is 8% per annum.





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 proceed-
ing taken, and thereupon such directions as may be proper may
be given at chambers or by adjournment into court, including
the ' discharge of any receiver and the appointment of another
and payment of costs.

PART IV.
APPEALS.

CHAPTER XXVIII.

APPEAL TO THE FULL COURT.

[s: rep. Law Revision Ordinance, 1937.]

595. Every motion for a new trial, or to set aside a verdict, finding or
judgment, in any cause or matter in which there has been a trial thereof or 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.

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. part only of the judgment or verdict :is complained of.

For the right to appeal from decisions of the judges ace No. 3 of 1873 [Supreme
Court], s. 23, and No. 4 of 1873 [Supreme Court (Summary Jurisdiction)],
as. 34 to 38.





(3) The notice shall not of itself operate as a stay of proceedings; but
any money in court in the cause or matter shall be retained to abide the result
of the motion or the further order of the Full Court.

(4) After the expiration of such fourteen days an application for such
new trial shall not be admitted, except by special leave of 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 new, trial shall not be granted on the ground of misdirection 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 them, unless in the opinion of the Full Court some substantial
wrong or miscarriage has been thereby occasioned 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, 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, whatever may be the
grounds for the new trial, without interfering 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 order for. 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 XI,
demand a jury for the second trial, though the first was without
a jury.

(2) The Full Court may, if it thinks fit, make it a conditiloh
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 months shall be calculated; from the
time when the decision was pronounced.

(1) Such deposit or other security for the costs to be occa-
sioned by an appeal shall be made or given as may be directed
in special circumstances by the Full Court.

607.-(i) 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 Man 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.





608.-(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 adjourti the hearing of the
appeal on such terms as may be just, and may give such judg-
ment and make such order as might have been given or made if
the persons served with such notice had been originally parties.

(2) The notice of motion may be amended at any time as
the Full Court may think fit.

609., The notice of motion shall be a 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,
,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 hear-
ing 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 d the
Full Court.
(4). The Full Court shall have power to draw inferences of
fact, and to give any judgment and make any order which
ought to. have been made, and to make such further or other
order as the case may require.

(5) The powers aforesaid may be exercised by the Full
Court, notwithstanding that the notice of motion may be that
part only of the decision may be ' reversed or varied, and 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 Full 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, notice 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 order as to costs.

614. 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. The 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 follows

(i) as to any evidence taken by affidavit, by the production
of the affidavits; and

(2) as to any evidence given orally, by the production of, the judge's notes,
or 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 case.

618. If on the. hearing of an appeal any question arises as to the
ruling or direction of the judge to a jury or questions put to assessors, the
Full Court shall have 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.

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 toan 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- Registrar may compute

such
interest without any order for that purpose.

[s. 623, 7ep. No. 36 of 1911.]

PART V.

MISCELLANEOUS.

CHAPTER XXIX.

BUSINESS IN CHAMBERS.

General.

624. In any proceeding in chambers any party may, if he
so desires, be represented by counsel : Provided that he shall

The rate of interest in Practice is 8% per
annum.





not be allowed his costs in respect of counsel's fees unless the judge
certifies that the case is fit for counsel.

625.-(1) The course, of proceeding in chambers shall ordinarily
be the same as the course of proceeding in court upon motions.

(2) Copies, abstracts or extracts of or from accounts, deeds or
other documents and pedigrees and concise statements shall, if
direeted 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 document
where the original can be brought in, unless the court otherwise
directs.

[s. 626, rep. Law Revision Ordinance,,. 1937.]

Administrations and trusts.

627. The executors or administrators of A deceased person or
any of them and the trustees under any deed or instrument or any of
them, and any person claiming to be interested in the relief sought as
creditor, devisee legatee, next of kin or heir
at-law of a deceased person, or as cestui que trust under the trust
of. any deed or instrument, or as claiming by, assignment or
otherwise under any such creditor or other person as aforesaid,
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; fhat is to say, the determination, without
an administration of the estate or trust, of any of the following
questions or matters---

(1) any question affecting the rights or interests of thig person
claiming to be creditor, devisee, legatee, next of kin, heir-at-law or
cestui que Prust;

(2) the ascertainment of any class of creditors, devisees, legatees,
next of kin or others;

(3) the furnishing of any particular accounts by the executors or
administrators or trustees, and the vouching, when necessary, of such
accounts;

(4) the payment into court of any money in the hands of the
executors or administrators or trustees;





(5) a direction to the executors or administrators or trustees
to do or abstain from doing any particular act in their character
as such executors or administrators or trustees

(6) the approval of any sale, purchase, compromise or other
transaction ; and

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

628. Any of the persons mentioned in section 627 may in
like manner apply for and obtain an order for the administration
of-
(a) the personal estate of the deceased person
(b) the real estate of the deceased person and
(c) the trust.

629. The persons to be served with the summons under
sections 627 and 628 shall in the first instance be the follow-
ing-
(i) 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 or interests are sought to be affected

(b) for the determination of any question under section
627 (2)-any niember 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)--7the residuary legatees,
or next of kin, or some of them;
(f ) for relieLunder section 628 (b)-the residuary devisees,
or heirs, or some of them;
(g) for relief under section 628 (c)-the cestuis qui trust, or
some of them;
(h) if there be more than one executor or administrator or
trustee, and they do not all concur in taking out the summons-
those who do not concur; and





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

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

631. The application shall be supported by such evidence
as the court may require, and such directions may be given as
the court may think proper for the trial of any questions arising
thereout.

632. 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 summons or otherwise,
for the administration of the estate of any deceased person or
of any trust, if the questions between the parties can be properly
determined without such judgi-nent or order.

635. On an application for administration or execution of,,
trusts by a creditor or beneficiary under a will, intestacy or
deed of trust where no accounts or insufficient accounts have
been rendered, the court may, in addition to any other powers
vested in it-

(i) 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 no ' t 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 or discretion vested in any
executor or administrator or trustee, except so far as such inter-
ference. or control may necessarily be involved in the particular
.relief sought.

637. Any of the following appi ications under the Trustee
Ordinance, 1934, 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 appoint-
ment of a new trustee; and

(3) for a vesting or other consequential order' in any case
where a judgment or order has been given or made for the sale,
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 removal of any trustee,
or.any other relief, order or direction relating to any charity
of which the gross annual income for the time being exceeds
three hundred dollars, is deemed desirable, it shall be lawful
for any person mentioned in section 639 to make application
by summons (without any 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 upbn and dispose of such ap-
plication it) chambers, unless it thinks fit otherwise to direct,
and shall and may have and exercise thereupon all such juris-
diction, 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 tipon 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 made 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.

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

Sale, forecloswre and redemption.

641.-(1) Any person entitled to redeem mortgaged property
may have a judgment or order for sale instead of for redemption
in an action or other proceeding brought by him either. for
redemption alone, or for sale alone, or for sale or redemption
in the alternative.

(2) In any action or other proceeding, whether for fore-
closure, or for redemption, or for sale, or for the raising and
payment in any. manner of mqrtgage money, the court, on the
request of the mortgagee or of any person interested either in
the mortgage money or in the right of redemption.,. and not-
withstanding that-
(a) any other person dissents; or
(b) the mortgagee or any person so interested does not
appear in the action,

and without allowing any time for redemption or for payment
of any mortgage money, may direct a sale of the mortgaged
property, on such terms as it thinks fit, includingthe deposit
in court of a reasonable sum, fixed by the court, to meet the
expenses of sale and to secure. performance of the terms.
(3) But in any action or other proceeding broqgbt by a.
person interested in the right of redemption and seeking a sale,
the court may, on the application of any defendant,. direct the
plaintiff to give such security for costs as the court thinks fit,
and may give the conduct of the sale to any defendant, and
may give such directions as it thinks fit respecting the costs of
the defendants or any of them.
(4) In any case within this section the court may,, if it

As amended by Law Rev. Ord., 1939.





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 same
to be sold, and any party bound by the order and in possession
of the property, or in receipt of the rents and profits thereof,
shall be coinpelled to deliver up such possession or receipt to
the purchaser or such other'person as. may be directed by the
order.

643' Where an action of ejectment is brought by any
mortgagee, his heirs, executors, administrators or assigns, for
the recovery of the possession of any mortgaged immovable.
property, and no action is then depending in, the court for or
touchidg the foreclosing or redeeming ofthe mortgaged property,
if the person having right to redeem the mortgaged property,
.and who appears and becomes defendant in the action, at any
time pending the action, pays to the mortgagee, or in case of
his 'refusal, pays into court, all the principal money and interest
due on the mortgage, and also all such costs as have been
expended in any action upon the mortgage (such money for
principal, interest and costs to be ascertained and computed
by the Registrar), the money so paid to the mortgagee or into
court shall be deemed and taken to be in full satisfaction and
discharge of the mortgage; and the court shall discharge such
mortgagor or defendant of and from the same accordingly, and
,shall, by order, compel the mortgagee, at ihe costs and charges
of the mortgagor, to assign, surrender or re-convey the mort-
gaged property and such estate and interest as the mortgagee
has therein, and deliver up all deeds', evidences and writings
in his custody relating to the title of the mortgaged property
to the mortgagor who has paid such money, his heirs, executors
or administrators, or to such person or persons as he or they
may for that purpose. nominate or appoint.

644. Nothing in section 643 shall extend to any case where
the person against whom the redemption is prayed, by writing
under his hand or the hand of his agent or solicitor, to be
delivered, before the money is paid into court, to the solicitor
for the other side. insists either that the party praying a redemp -
tion has not a right to redeem or that the premises are chargeable
with other or different principal sums than what appear on the





face of the mortgage or are admitted on the other side ; or to any
case where the right of redemption to the mortgaged property
in question in any action is controverted'or questioned by or
between different defendants in the same action ; or shall be any
prejudice to any subsequent mortgage or incumbrance.

645. Any mortgagee or mortgagor,, whether legal or equit-
able, or any person. entitled to or having property subject to
a legal or equitable charge, or any person having the right to
foreclose or redeem any mortgage, whether legal or -equitable,
may take out as of course an originating summons, returnable
in chambers, for such relief of the nature or kind followng as
may by the summons be specified and as the circumstances of
the case may require ; that is to say-
payment of moneys secured by the mortgage or charge,
sale, foreclosure, jelivery of possesion, whether before or
after foreclosure, by the mortgagor, redemption, reconvey-
ance, delivery of possession by, the mortgagee.

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 judoe in c4iambers 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 determined,
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 guardian
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 in-
come; and

* As amended by Law Rev. Ord., 1939.





(c) what relations the infant has.

649. At any time during the proceedings in chamber 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 flotice of stIch judgment or order.

Attendances.

650.-(1) Whert at any time during the prosecution of 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 may attend all or any
part of the proceedings.

(2) Where the parties constitu ting 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 authorize 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 repre-
sented by a different solicitor from the solicitor so. nominated.

651. Whenever in any proceeding in chambers the same
solicitor is employed for two or more parties the court may,
in its 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 may attend at their own expense and on
paving 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 tave been directed to attenc
and such of them, if any, as have elected to attend at their own
expense, and such order shall be recited in the Registrar'.,
certi ficate.

Claims of creditors and other claimants.

654. 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, the court may direct an advertisement or
advertisements for creditors or other claimants to be issued.

655.-(1) Every advertisement for creditors shall be pre-
pared by the party prosecuting the judgment or order and signed
by his solicitor.

(2) Every advertisement for claimants other than creditors
shall be prepared by the party prosecuting the judgment or order
and submitted to the Registrar for approval.

(3) Every advertisement for claimants & creditors shall be
published in the Gazette. .

656. Every advertisement for claimants or creditor's shall fix
a time within which each claimant or creditor shall send to such
person as the court may direct, to be named and described in
the advertisement, the name and address of such claimant or
creditor and the full particulars of his claim. Notice of the time
appointed for adjudicating on the claims shall be inserted in the
advertisement and at such appointment and atany adjournment
thereof (subject in the case of creditors to the provisions of
section 664) every claimant shall attend personally or by his
solicitor to support his claim. The advertisement shall contain
a direction that a claimant or creditor not residing in this Colony
must send with particulars of his claim the name and address of
a person in this Colony to whom notices to the claimant or
creditor can be sent. Any such claimant or creditor not comply-
ing with this direction shall not be entitled to receive any further
notice and in the case of any claimant or creditor complying
therewith a notice to the name and address mentioned by him
shall be equivalent to a notice sent to the claimant or creditor
himself.

As amended by Law Rev. Ord., 1937





657. Claimants who do not send full particulars of their
claims to the person named and within the time fixed by the
advertisement shall be excluded from the benefit of the judgment
or order unI ess the court upon application made by summons
otherwise orders. Any such order may be made upon such
terms and conditions as to costs and otherwise as the court
thinks fit.

658. Every notice by this Chapter required or by the court
directed to be given to or served upon claimants or creditors
shall, unless the court otherwise directs, be deemed sufficiently
given and served if transmitted pre-paid by registered post
addressed to the claimant or creditor at the address given in the
claim sent in by him pursuant to the advertisement, or in case
such claimant or creditor is represented by a solicitor, to such
solicitor at the address given by him.

659. Every claimant or creditor shall, if required by notice
in writing given by such party as the court may direct, produce
all deeds and documents necessary to substantiate his claim
before the court at such time as may be specified in such notice.

660. Claimants required to file affidavits under sections 661
to 669 inclusive shall serve a copy on the person to whom
particulars of claims are to be sent.

661. The, court may direct the Registrar to examine the
claims of persons claiming to be creditors sent in pursuant to
the advertisement, and the Registrar shall ascertain, so far as
he is able, to which, of such claims the estate of the deceased
is justly liable and shall, at least seven clear days before the
time appointect for adjudication or within such other time as
the court may direct,,file a report together with an affidavit made
by the executors or administrators of the deceased or by the
person to whom -claims are required by the advertisement to
be sent (or by such person or persons as the court may direct)
verifying lists

(i) of claims which have' been sent in pursuant to the
advertisement

(2) 6f claims which have been received by the executors or

* As amended by Law Rev. Ord., 1937,
+ As Amended by Law Rev. Ord., 1939,





administrators or any of them, other than claims sent in
pursuant to the advertisement;

(3) of sums of money which were or may have been due
and owing by the deceased at the time of his death and are
or may be still due and owing and which have come to the
knowledge of the executors or administrators or any of them,
but in respect of which no claim has been received or sent in
as aforesaid.

The report shall state to Which of such claims or sums of
money or parts thereof respectively the estate of the deceased is
in the opinion of the Registrar justly liable, and his belief that
such claims or sums of money or parts thereof respectively are
justly due and proper to be allowed and the reasons for such
belief.

662. When adjudicating upon the claims of persons claim-
ing to be creditors the court in its discretion may allow any of
such claims, or any part thereof respectively, without proof by
the ' claimants, and may direct arl or any of the claims not so
allowed to be investigated in such manner as it may think
fit, and may require any further particulars, information, or
evidence, relating to such claims, and may require any claimant
to attend and prove his claim, or any part thereof, and may
adjourn the adjudication upon such claims as are not then
allowed.

663. Where on the day appointed for adjudicating upon the
claims of persons claiming to be creditors any of such claims
are adjourlhed or remain undisposed of, another day for adjudicat-
ing upon such claims shall be fixed, and where further evidence
is to be adduced, the times for filing evidence in support of and
in opposition to the claims may be fixed, and in that case the
proceedings shall be adjourned until the evidence is completed.

664. Notice of allowance shall be given by such party as
the court may direct to every creditor whose claim, or any part
thereof, has been allowed. Notice shall be given by such party
as aforesaid to every person claiming to be a creditor whose
claim or any part thereof has not been allowed to 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

As amended by Law Rev. Ord., 1937.
As amended by Law Rev. Ord., 1939.'





such notice, and to attend at a time to be therein mentioned,
being the time appointed for. adjudicating on the claim; and
in case the claimant does not comply with such notice, his
claim, or such part thereof as aforesaid, may be disallowed.
No person claiming to be a creditoi need make any affidavit
nor attend in support of his claim (except to produce his security)
unless he is served with a notice requiring him to do so. Every
person claiming to be a creditor shall produce the security (if
any) held by him before the court at such time as shall be
specified in the advertisement for adjudicating on the claims.

665. The court may allow a creditor who has established his
debt in chambers under any judgment or order 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 respect thereof, shall be added to the debt so estab-
lished. The court may order a claimant to pay the costs of
any party or parties incurred in opposing any claim or any part
of a claim which the claimant. has failed, to establish.

666. A list of creditors' claims allowed shall, when required
by the court, be made out and left with the Registrar by such
party as the court may jirect.

667. In the case of claimants other than creditors such
party as the court may direct shall, at least seven clear days
before the time appointed for adjudication or within such time as
the court may direct, file an affidavit to be made by the executors
or administrators of the deceased or by the trustees and in each
case by the person. to whom claims are required by the advertise-
ment to be sent (or by such persons as the court may direct)
verifying lists of the claims, the particulars of which have come
to the knowledge of the executors' administrators or trustees
or any of them or which have been sent in pursuant to the
advertisement.

668. At the time appointed for adjudicating upon the claims
of claimants other than creditors the times for filing evidence in
support of and in opposition to the claims may be fixed, and
in that case the. proceedings shall be adjourned until the evidence
is completed.

As amended by Law Rev. Ord., 1937.
As amended by Law Rev. Ord., 1939.





669. Where a claimant other than a creditor has established
his claim he shall, if not already a party, and unless the court
otherwise directs, be served with notice of the judgment or
order pursuant to section 81 (i), and when he has been so
served and has entered an appearance he shall, unless the court
otherwise directs, be entitled. as part of his costs of action
(if allowed) to costs properly incurred in proving his claim
previously to his having entered an appearance.

[s. 67o, rep. Law Revision Ordinance, 1937.]

Interest.

671. Where a judgment or order is given,or -made directing
an account of the debts of a deceased person, unless otherwise
ordered, interest shall be computed ory such debts as to such of
them as carry interest after the rate they respectively, carry' and
as to all others at the rate for the time being fixed by the court,
from the date of the judgment or order.

672. A creditor whose debt does not carry interest, who
comes in and establishes the same in chambers under a judgment
or order, shall be entitled to interest on his debt, at the rate for
the time being fixed by the court, from the date of the judgment
or order, out of any assets which may remain after satisfying
the costs of the cause ot 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 time being fixed by the court,
from the end of one year after the testator's death, unless other-
wise 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 for my
but the,result of such proceedings shall be stated in the shape of
a concise certificate to the judge.

As amended by Law Rev. Ord., 1937.
As arnended by Law Rev. Ord., 1939.
The rate of interest in practice is 8% per annum.





(2) It shall not be necessary for the judge to sign the
certificate, and unless an order to discharge or vary the same is
made the certificate shall be deemed to be approved and adopted
by the judge.

.675. The certificate of the Re-ristrar shall not, unless the
circumstancy of the case render it necessary, set out the judg-
ment 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 such 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 such items have been
disallowed or varied, and shall state what additions, if any,
have been made by.way of surcharge or otherwise, and where
the account verified by the affidavit has been so altered that it
is necessary to have a fair transcript of the account as altered,
such transcript may be required to be made by the party
prosecuting the judgment or order, and shall then be referred
to by the certificate.

(2) The account and the transcript, if any, referred to by the
certificate shall be filed therewith.

(3): No copy of any such account shall be required to be
taken by. any party.

677. Any party may, before the proceedings before the
Registrar are concluded, take the opinion of the court upon any
matter arising in the COUrse of the proceedings without any fresh
summons for the purpose.

678. Every certificate, with the, account, if any, to be filed
therewith, shall be filed in the Registry, and shall thereupon be
binding on all parties to the proceedings, unless discharged or
varied on application by summons.

679. Any application to discharge or vary a certificate shall
be made before the expiration of 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 conjuct of the matter, after the expiration
of fourteen days and within twenty-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 following form-
That this matter, the further consideration whereof was
adjourned by the order of the day of , 19 ,
may be further considered.', and shall be served ten days 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 aiid 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
Registrar; and all orders so drawn up shall be filed in the
Registry.

684. An order signed by the Registrar, or a note or memo-
randum indorsed on the summons upon which any such order
was made and signed or initialled by the judge, shall be sufficient
evidence of the order having been made.





685. The court may in any case, if it thinks fit, direct that
any of the powers and duties conferred and imposed on the court
by the preceding provisions of this Chapter shall be exercised
and performed by the Registrar, but subject to the right of the
parties to.bring any particular point before the court.

CHAPTER XXX.

VARIOUS PROVISIONS.

Sittings of the couTt.

686. The court may, in its discretion, appoint any day for
the trial and hearing of causes and matters, as circumstances may
require.

687. The sittings of the court for the trial and bearing of
causes and matters shall ordinarily be public; but the court may
try or hear Any particular cause or matter in the presence only
of the parties and their counsel and solicitors and the officers of
the court.

688. 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 motion papers have been 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 causes 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, sum mons, warrant, judgment, rule, order,
notice. and other document issuing from the court shall be scaled





with the seal of the court and be returned for the purpose of
being filed in the Registry.

Cause-Boph..

690.-(1) The Registrar shall keep a book called the Cause-
Book which shall contain a register of the proceedings in all
tictions 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 after the commencement of the pro-
ceedings, allow to the parties interested therein, or to any one
or more of them, the whole or a part of the annual income 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 application in certain case.

694. All proceedings in cases within section 504 of the Mer.
chant Shipping Act, 1894, shall be by summary application to
the court and by way of motion supported by affidavit; and the
court shall, if it thinks fit, by rule or order, give such relief as
by the said section any such competent court as is mentioned in
the Act has power to give.





Irregularity in proceedings.

695. Non-compliance with any of the provisions of this
Code, or with any rule of practice for the time being in force,
,shall not render any proceeding void unless the court so directs,
but such proceeding may be set aside either wholly or in part
as irregular, or amended, or otherwise dealt with in such manner
and on such terms as the coun may think fit.

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

697. Where an application is made to set aside any pro-
ceeding for irregularity the several objections to be insisted
u-pon shall be stated. in the summons or notice of motion.

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

Provisions relating to time.

699.-(1) Nothing in this Code shall affect the power of
the court to enlarge or abridge the time appointed or allowed
for the doing of any act or the taking of any proceeding on such
terms as justice may require.

(2) Where the court. is by this Code or otherwise authorized
to appoint the time for the doing of any act or the taking of
any proceeding, or to enlarge the time appointed or allowed for
that purpose,by this Code or otherwise, the court may further
enlarge any time so appointed or enlarged by it, on such terms
as may seem just, whether the application for further enlarge-
ment 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 pur-
poses of justice and not sought merely for delay.

700. The time for filing or amending any pleading, answer
or other document may be enlarged by consent in writing, with-
out application to the court.





701.-(1) Where by this Code, or by any special order, or
by the course of the court, any limited time from 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 limited
by hours, the computation of such limited time shall not include
the day of such date or of the happening of such event, but
shall commence at the beginning of the next following day, and
the act or proceeding must be done or 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 defined
by the Holidays Ordinance, 1912, shall not be reckoned in the
computation of 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 tothe defend-
ant 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 lit and proper persons to be commissioners
to administer oaths and take declarations, affirmations, and
attestations of honour in the court, and may revoke any 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 commissioner 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 authorized
by the court or by or in pursuance of any rules or orders regulat-





ing the procedure of the court, and every person directed to take
an examination in any cause or matter in the court, shall have
authority to administer any oath or take any affidavit required
for any purpose connected 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.

70. A writ of attachment shall have the same effect as a writ
of attachment issued out of the court in its equity jurisdiction
formerly had.

706. No judge, magistrate or other judicial officer shall be
liable to arrest under civil process while going to, presiding in
or returning from his court.

Saving.

Nothing in this Code shall affect tl ie provisions of the
Act 8 & 9 William 3, chapter II, as to the assignment or
suggestion, of breaches or as to judgment for a penalty as a
security for damages 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 advertisernefit in the Gazette, unless otherwise provided
by this Code or otherwise ordered by the court.

Forms.

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 sub-
stituted form shall be published in the Gazette.





(3) So far as the said forms may be incomplete, all f6irns
at present in use in the court, with such variations and additions
as the circumstances of the particular case. may require, may
be used for the purpose of carrying out the provisions of this
Code, and shall, as regards the form thereof, be valid and
sufficient.

SCHEDULE.

TABLE OF FORMS. [s.709.]

1. Writ of summons.
2. Specially indorsed writ of summons.
3. Originating summons inter partes.
4. Originating summons not inter partes.
5. Ex parte originating summons.
6. Notice of appointment to hear originating summons.
7.Writ forservice out of the jurisdiction, or where notice in
lieu of service is to be given out of the jurisidiction.
8. Specially indorsed writ 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. Certificateof 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 claiming indemnity or contribution or
other relief or remedy.
.12a. Third-party notice when question or issue to be determined.
13. Summons for thira-party directions.
14. Order for third-party directions.
15. Statement of claim.
16. Statement of defence.
16a. Notice of payment into court.
16b. Acceptance of sum paid into, court.

As amended by Law Rev. Ord., 1939.





17. Counterclaim.
18. Reply.
19. Statement of defence including an objection in point of law.
20. Interrogatories.
21. Answer to interrogatories.
22. Affidavit as to documents.
23. Entry of special case.
24. Notice of motion.
25. Summons inter partes.
26. Ex parte summons.
27. Order.
28. Prwcipe for writ of execution of judgment for immovable
property.
29. Writ of execution of.judgment for immovable property.
30. Writ of execution of judgment for money by attachment of
property.
31. Prohibitory order for attachment of movable property. in
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.
36. Notice to judgment creditor of application by prisoner for
debt to be discharged.
37. Order for discharge of prisoner for debt from prison.
38. Writ of foreign attachment.
39. Bond in case of foreign attachment.
40. Affidavit on interpleader.
41. Order for issue of warrant for arrest of absconding defendant.
42. Warrant for arrest of absconding defendant.
43. Order for giving of bail by absconding defendant.
44. Bail-bond of absconding defendant.
45. Warrant, for bailiff to call upon defendant to give security to
produce property.
46. Advertisement for creditors.
47. Advertisement for claimants other than creditors.
48. Cause-Book.
49. Order for examination of, witness in the Colony in virtue of a
letter of request from a foreign court.
50. Certificate of Registrar forwarding depositions.





FORMS.
FoRm No. 1.
Writ of summons.
Action No. of 19
IN TEE SUPREME COURT OF HONG KONG,
ORIGINAL JURISDICTION.
Between A.B., Plaintiff,
and
C.D., Defendant.
George the Sixth, by the Grace of God, etc.
To C. D., of
We command you that within eight days after.the service of. this
writ on you, exclusive of the day of such service, you cause an appear-
ance 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 ez parte.
Witness His Honour Chief. Justice. of Our. Said Court,
the day ot 19

Memorandum to be subscribed on the writ. ,
Note.-This writ is to be served within twelve calendar months
from 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 (or defendants) may appear hereto by entering an
appearance (or appearances), either personally or by solicitor, at the
Registry of the Supreme Court in Victoria, Hong Kong.

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

Indorsement to be made on the writ after service thereof.
This writ was served by me at on the defendant C.D.
on day, the day of ig
Indorsed the day of
(Signed)
(Address)

As amended by G.N. 46 of 1933 [20.1.33) and Law Rev. Ord., 1937.





FORM: No. 2. [ss., 19 and 20.]

Specially indorsed writ of summons.

Action No. of 19

IN THE SUPREME COURT OF HONG KONG,

ORIGINAL JURISDICTION.

Between A.B., Plaintiff,
and
C.D., Defendant.

George the Sixth, by the Grace of God, etc.
To C. D., of
We command you that within eight days after the service of this
writ ou, you exclusive of the day of such service, you cause an appear-
ance. 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 plaintiff may proceed
therein, and judgment may, be given in your absence.
Witness His Honour Chief Justice of Our said Court,
the day of 19

Memorandum to be subscribed on the writ.
Note.-This writ is to be served within twelve calendar months
from 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 appedr hereto by entering an appearance,
either personally or by solicitor, at the Registry of the Supreme Court
in Victoria, Hong Kong.

Indorsements to be made on the writ before theissue thereof.
Statement of claim.
The plaintifl's claim is (1).
Particulars.
(Signed)

And the sum of $ for costs. If the amount claimed is paid
to the plaintiff or h solicitor or agent within four days from the
service hereof, further proceedings will be stayed.
This writ was issued by the plaintiff, who resides at (2)
[or This writ was issued by E.F., solicitor for the plaintiff, who resides
at (2) 1.

As amended by G.N. 46 of 1933 [20.1.33] and Law Rev. Ord., 1937.





Indorsement to be made on the writ after service thereof.

This writ, was served by me at on the defendant C.D
on day, the day of' 19
Indorsed the day of 19

(Signed)

(Address)

FORm No. 3. [s. 26.]
Originating summons inter partes.

Action No. of 19
IN THE SUPREME COURT OF HONG KONG,

ORIGINAL JURISDICTION.
Between A.B., Plaintiff,
and
C.D., Defendant. (1)
Let C.D., of within eight days after the service of
this summons on him, exclusive of the day of Such service, cause an
appearance to be entered for him to this summons, which is issued on
the application of 'of , who claims 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 the above named

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

As amended by G.N. 46 of 1933 [20.1.33].





FoRm No. 4. [s. 26.]
Originating summons not inter partes.
Action No. of 19 -
IN THE SUPREME COURT oF HONG KONG,
ORIGINAL JURISDICTION.
In the matter of the trusts of the will of AAnd in the matter of the Trustee Ordinance, 1934.
[or as the case may be].
To, of
Let, of within eight days after the service
of this summons on him exclusive of the day of such service, cause
an appearance to be entered for him to this summons, which is issued
on the application of 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 entering an appearance,
either personally or by solicitor, at the Registry of the Supreme Court
in Victoria, Hong Kong.
Note.-1f the respondent does not enter an appearance within
the time and at the, place above mentioned such order will be made
and proceedings taken as the court may think just and expedient.

FORM No. 5. [s. 26.]

Ex parte originating summonS.
Action No. of 19
IN THE SUPREME COURT OF HONG KONG,
ORIGINAL JURISDICTION.
In the matter of A.B., an infant.
To v of
Let all parties concerned attend at the chambers of His Honour
, 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 byof
solicitor for the applicant.

As amended by G.N. 46 of 1933 [20.1.33].
As amended by Law Rev. Ord., 1937,





FoRm No. 6. [s. 29.]

Notice of appointment to hear originating summons.

[Title as in Form No. 3 or No. 4.]

To (1) of

Take notice that you are re quired to attend at the chambers of
His Honour, at the Supreme Court, at o'clock
m. on day, the day of , 19 for'
the hearing of the originating summons issued herein o n* the
day of ,19 , and that if you do not attend, either
in person or by solicitor, at the place and-Ainia-nientioned-,-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].

FORm No. 7. [s. 42.]

Writ for service out. of the jurisdiction, or where notice in lieu of
service is to be given out of the jurisdiction.

[Title, etc.] (a)

George the Sixth, by the Grace of God, etc.

To C.D., of

We command you, C.D., that within
[here insert the number of days directed by the court ar judge ordering
the service or notice] after the service of this writ [or notice of this
writ, as the case may be] on you, exclusive of the day of such service,
you do cause an appearance to be entered for you in the
jurisdiction of the Supreme Court of Hong Rong 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
absence, Witness, etc.

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 renewal, including the day 'Of such date, and not
afterwards.

As amended by G.N. 46 of 1933 [20.1,33].
As amended by Law Rev. Ord., 1937.





The defendant [or defendants] may appear hereto by entering an
appearance [or appearances] either personally or by solicitor, at the
Registry of the Supreme Court, Hong Kong.

Indorsements to be made on the. writ before issue thereof.

The plaintiff's claim is for, etc.

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 This writ was issued by G.H., of
whose address for service 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 plaintiffis residence, if any].

N.B.-This writ is to be used, where the defendant or all the
defendants or one or more defendant or defendants is or are out of
the jurisdiction.

When the defendant to be served is not a British subject, and is
not in British dominions, notice of the writ, and not the writ itself,
is to beserved upon him.

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

Thia writ was served by me at on the defendant
on the day of
Indorsed the day of
(Signed)
(Address)

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

(b) Within three days.

[Note.-The, above indorsement ' N, B.- must be on any con-
current 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.]





Foitm No. 8. Is. 42.]

Specially indorsed writ for service out of the jurisdiction.

[Title.]

George the Sixth, by the Grace of God, etc., to of
, in the of
We command you, that within* day s after servicef of this
writ on you, exclusive of the day of such service, you cause an appear-
ance to he entered for you in an action at the suit of
And take notice thdt in default of your so doing the plaintiff may
proceed therein and judgment be given in your absence.
Witness, etc.
N.B.-This writ is to. be used, etc. [as in Form No. 7, supra].
Appearance is to be entered at the Registry of the Supreme Court,
Hong Kong.
Statement of claim.
The plaintiff's claim is
Particulars..-
Place of trial
(Signed)
And $ [or such sum as may. be allowed on taxation] for
costs. If the amount claimed is paid to the plaintiff or h
solicitor or agent within* days from servicef hereof,
further proceedings will be stayed.
This writ was issued, etc. [see Form No. 7 supra].
This writ [or Notice of this writ] was served, etc.
N.B.----This writ is to be used, [as in Form No. 7 supra].

Fom No. 8a. [s. 42 (4).]

Notice of writ in lieu of service to be given out of the jurisdiction.

[Title, etc.]
To G.H., of
Take notice, that A.B., of has commenced an action
against you, G.H., in the jurisdiction of the Supreme
Court of Hong Kong by writ of that court, dated the day of
19; which writ is indorsed as follows [copy
in full the indorsements], and you are required within days
after the receipt of this notice, exclusive of the day of such receipt,
to defend the said action by causing an appearance to be entered
for you in the said court to the said action; and in default of your
so doing the said A.B. may proceed therein, and judgment may be
given in your absence.

-As amended by G.N. 46 of 1933 [20.1.33].





You may appear to the said writ by entering an appearance
personally ot. by your solicitor at the Registry of the Supreme Court,
Hon, Kong.
(Signed)
A.B. of etc.
or Z. Y. of etc.
Solicitor for A.B.
N.B.-This notice is to be used where the person to be served is
not a British subject and is not in British dominions.

FORm No. 8b. [9. 42 (8).]
Letter forwarding request for service abroad.
The Chief fustice of the Supremo Court of I-long Rong presents
his cornpliments to the Colonial Secretary and begs to inclose a notice
of a writ of, summons issued in art action of
versus pursuant to order out of the Supreine
Court of Hong Kong in order that necessary steps may be taken to
ensure it., transmission to the proper authorities in [name of country]
with the request that the same may be served personally upon [name
of defendant to be served] against whom proceedings have been taken
in the said Supreme Court,. and with the further request that such
evidence of the service of the same upon the said defendant may be
offlicially certified to the said Supreme Court, or declared upon oath
or oterwise in such manner as is consistent with the usage or
practice of the courts of [name of country] in proving service of
legal process.
The Chief Justice begs further to request that in the event of
efforts to effect personal service of the said notice of writ proving
ineffectual the Government or Court of the said country be requested
to cedify the same to, the. said Supreme Court.

FORm No. 8c. [s. 42 (8).]
Request for service of notice abroad.
[Titte, etc.]
I [or We] hereby request that a notice of writ of summons in
this action be transmitted through the proper channel to [name of
counlry] for service [or substituted service] on the defendant
him] 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, etc. (Signature of solicitor.)





FoRm No. 8d [s. 42 (8).]
Letter forwarding request for substituted service.

[Title, etc.]
The Chief Justice of the Supreme Court presents his compli-
ments to the Colonial Secretary and begs to inclose 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 inclosed) giving leave to bespeak a request that the said notice
of writ may be served by substituted service on the' defendant
at in [name of country].
The Chief Justice requests that the said notice of Writ and order
may be forwarded to the proper authority in [nante 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 consistent with the usage or
practice of the Courts of [name of country] for service of legal
process where personal service cannot be effected; and with the
further request that the same may be officially certified to the
Supreme Court of Hong Kong or declared upon oath, or otherwiRc,
in such manner as is consistent with the practice of the Courts of
[name of country] in proving service of legal process.

FoRm No. 8c. [s.42 (8).]

Order giving liberty to bespeak request for substituted service abroad.
. [Title, etc.]
Upon reading the [certificate, declaration, or as the case
be, describing the same.]
It is ordered that the plaintiff be at liberty to bespeak a request
for substituted service of notice of the writ of summons herein oil
the defendant at or elsewhere in
[name of country] and that the said defendant have
days after such substituted service within which to enter appear
ance.

Dated this day of 19

Foum No. 8f. [s. 42A.]
Certificate of service of foreign process.

Registrar of. the Supreme Court of

Hong Kong hereby certify that the documents annexed hereto are
as follows:-

As amended by Law Rev. Ord., 1937.





(1) the original letter of request for service of process received
from the foreign court [or tribunal] at in the
of in the matter of versus and
(2) the process received with such letter of request, and:
(3) the evidence of service uponthe person named
in such letter of request,
And I 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 Hong Kong regulating the service of legal process in Hong
Kong and the proof thereof.

And I certify that the cost of effecting such service, as duly
certified by the taxing officer of the Supreme Court of Hong Kong,
amounts to the sum of
Dated this day of 19
(Signed) Registrar.
FORM No. 9. [s. 46.]
Memorandum of appearance.
Action No. of 19
IN THE SUPREME COURT OF HONG KONG,
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
(Signed) C.D., of
[or E.F.,
Solicitor for the defendant C,D.]

FORM No. 10. [s. 70.]

Affidavit for entry of appearance as guardian.
Action No. of 19
IN THE SUPREME COURT OF HONG KONG,
ORIGINAL JURISDICTION.
Between A.B., Plaintiff,
and
C.D., Defendant.
of make oath and say as follows:-
E. F., ofto the best of my knowledge, information





and belief, is a fit and proper person to act as guardian ad litem
of the above-hamed infant defendant, and has no interest in the
matters in question in this action [or matter] adverse to that of the
said infant, and the consent. of the said E.F. to act as such guardian
is hereto annexed.
Sworn, etc.
[To this affidavit must be annexed the document signed by the
guardian in testimony of his consent 1o act.

FORM NO. 11. [s.81.]

Memorandum of notice of judgment [or order].
Take notice that, from the time of the service of this notice, you
[or, as the case may 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 mind] may, on entering an
appearance at the Registry of the Supreme Court in Victoria, Hong
Kong, attend the proceedings under the within-mentioned judgment
[or order], and that you [or the said infant or the said person of
unsound mind] 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. [s.86.]
Third-party notice claiming indemnity or contribution or other
relief or remedy.

Action No. of 19
IN THE SUPREME COURT OF HONG KONG,
ORIGINAL JURISDICTION.

Between A.B., Plaintiff,
and
C.D., Defendant,
and
E.F., Third party.
Third-party notice.
Issued pursuant to the order of His Honour
dated the day of 19
To E.F., of
Take notice that this action has been brought by the plaintiff
against the defendant. In it the plaintiff claims against the defend-

As amended by Law Rev. Ord., 1939.





and [here state concisely the nature of the plaintiff's claim] as appears
.by the indorsement on the writ of summons [or statement of claim]
a copy whereof is delivered herewith.
the defendant claims against you [here state concisely the
nature of the claim against the third party as for instance to be
indemnified against the plaintiff's claim and the costs of this action
or contribution to the extent of (one half) of the plaintiff's claim or
the following relief or remedy namely ] on the grounds
that [state concisely the grounds of the claim against the third
party].
And take notice that if you wish to dispute the plaintiff's claim
against the defendant, or the defendant's claim against you, you
must cause an appearance to be entered for you within eight clays
after the service of this notice upon you. ,
In default of your entering such appearance,, you will be deemed
to admit the plaintiff's claim against the defendant and the de-
fendant's claim against you and your liability to [indemnify the de-
fendant or to contribute to the extent claimed or. to stating the
relief or remedy sought] and the validity of any judgment that may
be given in the action and you will be bound by such judgment and
such judgment may be enforced against, you pursuant, to Chapter II
of the Code of Civil Procedure.

Dated the day of
(Signed)
Solicitors for the defendant.
Appearance is to be entered at the Registry of the Supreme
Court in Victoria, Hong Kon,.

FORM No. 12a. [s. 86.]

Third-party notice when. quistion. or issue to be determined.
Action No. of 19
IN THE SUPREME COURT OF HONG KONG,
ORI6INAL JURISDICTION.
Between A.B., Plaintiff,
and
C. D., Defendant,
and
E.F., Third party.'
Third-party notice.
Issued pursuant to the order of His Honour
dated the day of, 19
To E.F., of
Take notice that this action has been brought by the plaintiff
against the, defendant. In it the plaintiff claims against the de-

As amended by Law Rev. Ord., 1939.





fendant [here state concisely the nature of the plaintiff's claim] as
appears by the indorsement on the writ of summons [or statement
of claim] a copy whereof is delivered herewith.
The defendant claims that the following question or issue, viz.
[here state concisely the question or issue to be determined] should
be determined not only as between the plaintiff and the defendant
but, as between the plaintiff and the defendant and yourself.
And take notice that'lf you wish to be heard. on the said question
or issue or to dispute the defendant's liability to the plaintiff or
Your liability to the defendant you must cause an appearance to be
entered for you within eight days after service of this notice.
In default of your so doing you, wilf be deemed to admit the
validity of and will be bound by any decision or judgment arrived
at or given in this action on the said question or issue and to admit
any consequent liability of yourself and judgment may be given
against you and enforced pursuant to Chapter II of the Code of
Civil Procedure.

Dated the day of 19

(Signed)
Solicitors for the defendant.

Appearance is to be entered at the Registry of the Supreme
Court in Victoria, Elong Kong.

FoRm No. 13. [S. 91.]

Summons for third-party directions.
Action No. of 19
IN THE SUPREME COURT OF HONG KOXG,
ORIGINAL JURISDICTION.

Between A.B.,. Plaintiff,
and
C.D., Defendant.
To
Let all parties concerned attend at the chambers of His Honour
, at the Supreme Court, at o'clock m. on
day, the day of 19 , on the hearing
of an application on the part of for an order for
third-party directions as follows:-that the defendant. file a state
ment of his claim against the third party within days from
this date, who shall plead thereto withindays; 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 the liability of the said

* As amended by Law Rev. Ord... 1937.





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. [s. 92.]

Order for third-party directions.

Action No. of 19

IN THE SUPREME COURT OF HONG KoNG,

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 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
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

FORM No. 15. [s.135.]

Statement of claim..

Action No. of 19

IN THE SUPREME COURT OF HONG KONG,

ORIGINAL JURISDICTION.

Between A.B., Plaintiff,
and
C.D.., Defendant.
Statement of claim.

The plaintiff's claim is for work done and materials provided by
the plaintiff for the defendant at his request.





Particulars-

1909. 1st January to 31st May. To rebuilding $ c.
house 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 the 31st May, 1909, till payment or judgment.

(Signed)

FORM No. 16. [s. 143.]

Statement of defence.

Action NO. of 19

IN THE SUPREME COURT OF HONG KONG,

ORIGINAL JURISDICTION.

Between A.B., Plaintiff,

and

C.D., Defendant.

Statement pf defence.

The defendant says that-

1. Except as to $200, parcel of the money claimed, the architect
did not grant his 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. 16a. [s. 152 (3).]

Notice of payment into court.
Action No. of 19
IN THE SUPREME COURT OF HONG KONG,
ORIGINAL JURISDICTION.
Between A.B., Plaintiff,
and
C.D. and E.F., Defendants.
Take notice that the defendant has paid into court
$ , and says that part of] that sum is enough to
satisfy the plaintiff's claim [for and $ the other part of that
sum is enough to satisfy the plaintiff's claim for ]and admits
[but denies] liability therefor.

Dated the day of 19
(Signed)
Solicitor for the defendant C.D.
To the plaintiff's solicitor
land to solicitor for the defendant E.F.].

[To be filled in by the Registrar.]
Received the above sum of dollars cents
into court in this action.
Dated the day of 19

FORM NO. 16b. [ss. 153 (1), 155 (2).]
Acceptance of sum paid into court.
Action No. of 19
IN THE SUPREME COURT OF HONG KONG,
ORIGINAL JURISDICTION.
Between A.B., Plaintiff,
and
C.D. and E.F., Defendants.
Take notice that the plaintiff accepts the sum of $ paid
by the defendant [C.D.] into court in satisfaction of the claim in
respect of which it was paid in [and abandons his other claims in
this action] -
Dated the day of 19
(Signed)
Plaintiff's solicitor.
TO Solicitor for the defendant C.D. [and
Solicitor for the defendant E.F.]
As amended by Law Rev, Ord., 1939.





FoRm No. 17. [s. 163.]
Counterclaim.

Action No. of 19
IN THE SUPREME COURT OF HONG KONG,

ORIGINAL JURISDICTION.

Between A.B., Plaintiff,
and
C.D., Defendant.
Counterclaim.
The defendant says that-
1. The contract mentioned in the statement of claim herein con-
tained 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 defendant counterclaims $610.

(Signed)

Fonm No. 18. 168.

Reply.

Action No. of 19
IN THE SUPREME COURT OF HONG KONG,

ORIGINAL JURISDICTION.

Between A.B., Plaintiff,
and
C.D., Defendant.
Reply.
The plaintiff says that-
1. As to the first paragrapb 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 material 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 time.
(Signed)
Note.-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 HONG KONG,

ORIGINAL JURISDICTION.

Between A.B., Plaintiff,
and
C.D., Defendant.
State-ment of defence.
The defendant says that-
1. The goods were not supplied to E.F. on the guarantee.
2. The defendant will object that the guarantee discloses a past
consideration on the face of it.
(Signed)

FORM No. 20. 188.
Interrogatories.
Action No, of 19

IN THE SUPREME COURT OF HONG KONG,

ORIGINAL JURISDICTION.

Between A.B., Plaintiff,
and
C.D., E.F., and G.H., Defendants.
Interrogatories on behalf of the above-named plaintiff [,or de-
fendant 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. [s. 192.]
Answer to interrogatories.
Action
No. of 19
IN THE SUPREME COURT OF HONG KONG,
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 interrogatories for his
examination by the above-named plaintiff.

In answer to the said interrogatories,. I, the above-named E.P., make
oath and say as follows:

Sworn,' etc.

FORM No. 22. [s. 196.]

Affidavit as to documents.

Action No. of 19

IN THE SUPREME COURT OF HONG
KONG,
ORIGINAL JURISDICTION.

Between A.B., Plaintiff, and

C.D., Defendant.

1, the above-named defendant C.D., make oath and say as follows:

1. I 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. I 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. I 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 [here state what has
beconte of the last-menfioned documents, and in whose possession
they now are].
7. According to the best of my knowledge, information and
belief, I have not now and never had in.my possession, custody
or power, or in the possession, custody or power of my solicitors
or agents, solicitor or agent, or in the possession, custody or power
of any other persons 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 action, or any of them, or wherein any entry has been made
relative to such matters, or any.of them, other than and except the
documents set forth in the said first and second schedules hereto.
Sworn, etc.

FORM No. 23. [s. 233.
Entry of special case.

Action No. of 19
IN THE SUPREME COURT OF HONG HONG,
ORIGINAL JURISDICTION,
Between A.B., Plaintiff,
and
C.D., Defendant.
Set down the dated the day of
19 , of Mr. ' the arbitrator
in this for hearing as a special case.

Dated the day of 19
(Signed)
(Address)
FORM No. 24. [s. 243.]

Notice of motion.
Action No. of 19
IN THE SUPREME COURT OF HONG KONG,
ORIGINAL JURISDICTION.
.Between A.B., Plaintiff,
and
C.D., Defendant.
To the Registrar of the Supreme Cond.
Take notice that the court will be moved at o'clock





on day, the day of 19 or so soon
tbereafter as counsel can be heard, by Mr. , counsel
for the $ that (1)
Dated the day of 19

(Signed) E.F.

Solicitor for the

FoRm No.. 25. [s. 259.]

Summons inter. partes.
Action No. of 19
IN THE SUPREME COURT OF HONG KONG,
ORIGINAL JURISDICTION.
Between A.B., Plaintiff,
and
C.D., Defendant.
To of
You arehereby summoned to appear before His Honour
at his chambers at the Supreme Court at
o'clock m. on day, the day of 19
on the hearing of an application on the part of (1)
And you are to take notice that if you do not appear the court
may consider and deal with the application in a summary way.

Dated the day of 19

This summons was taken out by solicitor for

FROM No. 26. [s. 259.]
Ex parte summons.
Action No. of 19
IN THE SUPREME COURT OF HONG HONG,
ORIGINAL JURISDICTION.
Between A.B., Plaintiff,
and
C.D., Defendant.
Application on the part od for leave to (1)
Dated the day of 19
This summons was taken out by solicitor for

As amended by Law Rev. Ord., 1937.





FORM No. 27. [s. 261.]

Order.

Action No. of 19
.IN THE SUPREMB COURT OF HONG KONG,

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

FoRm No. 28. [s. 387.]

Praecipe for writ of execution of judgment for immovable property,
Action No. of 19
IN THE SUPREME COURT OF HONG HONG,

ORIGINAL JURISD1CTION.

Between A.B., Plaintiff,
and

C.D., Defendant.
To the Registrar of the Supreme Court.
Whereas the plaintiff A.B. is entitled, under a judgment in this
action, dated the day of , 19 , to the Immediate
possession of the immovable property mentioned in the said judg-
ment and is desirous of enforcing the said judgment: I do hereby
make application for the issue of the proper writ of execution in that
behalf, under the provisions of Chapter XVI of tile Code of Civil
Procedure.
Dated the day of 19
(Signed) A.B., of
,[or E.F.,
Solicitor for the plaintiff A.B.]





FORm No. 29.

Writ of execution of judgment for immovable property.
Action,No. of 19
IN THE SUPREME COURT OF HONG KoNd,
ORIGINAL JURISDICTION.,
Between A.B., Plaintiff,
and
C.D., Defendant.
George the Sixth, by the Grace of God, etc.
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 the 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 plaintiff in possession of the said immovable property,
and We do authorize you to remove any person who may refuse to
vacate the same.
Witness His Honour Chief. Justice of Our said
Court, the day of 19
(Signed) Registrar.

Note.-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.

FORM No. 30. [s. 399.]

Writ of execution of judgment for money by attachment, of property.
Action No. of 19
IN THE SUPREME COURT OF HONG KONG,
ORIGINAL JURISDICTION.
Between A.B., Plaintiff,
. and
C. D.,t Defendant.

George the Sixth, by the Grace of God, etc.
To the bailiff of Our said Court, greeting:
Whereas the defendant C.D. has failed to satisfy a judgment

As amended by Law Rev. Ord., 1937.
As amended by Law Rev. Ord., 1939.





for money given against him in this action on the day of
, $ 19 , in favour of the plaintiff A.B. for the
sum of $ together with interest thereon at the rate of
$ per 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: Now, therefore, We
command you that you do forthwith attach all the property, movable
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 the nature of the said
property; and We further command you that, as to so much of
the said property attached under this writ by actual seizure as shall
consist of.money or negotiable instruments, 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 command you that, in case you shall not
be able to find sufficient property of the said defendant, or the said
defendant shall fail to point out to you any property whereon to
levy, you do forthwith arrest the said defendant and deliver him
into the custody of the Superintendent of Prisons to be kept in a
prison as a prisoner, for debt for the period of unless
he shall be sooner discharaed from the said imprisonment in due
course of law.

And the court has fixed suppod and maintenance allowance at
the rate of a day.

Witness His Honour Chief Justice of the said
court, the day of 19

(Signed) Registrar.

Note.-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.





FORM No. 31. [s. 460.]

Prohibitory arder for attachment of movable property in execution.

Action No. of 19

IN THE SUPREME COURT OF HONG KONG,

ORIGINAL JURISDICTION.

Between A..B., Plaintiff,

and

C.D., Defendant.

To of

Whereas the defendant C.D. has failed to satisfy a judgment
for money given against him in this action on the day of
, 19 , in favour of the plaintiff A.B. for the
sUm ol $, 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 the said defendant's property: It
is ordered that the Raid defendant be and he is hereby prohibited
and restrained, until the further order of the court, from receiving
from E.F., of the following property in the
possession of the said E.F., that is to say (1)-
to which the said defendant is entitled, subject to any claim, lien
or right of the said E.F.; and it is also ordered that the said E.F.
be and he is hereby prohibited 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 His Honour , Chief Justice of Our said
Court, the day of 19

(Signed) Registrar.

NotE.--This order is issued under section 400 of the Code of
Civil Procedure, and any person who wilfully disobeys it is liable
to be committed to prison by the court.

Note.-This order is to be returned into the Registry im-
mediately after the execution thereof, with a memorandum indorsed
thereon of the date and mode of execution.

As amended by Law Rev. Ord., 1937.





FORM No. 82. [s. 401.]
Prohibitory order for attachment of immovable property
in execution.

Action No. of 19

IN THE SUPREME COURT OF HONG KONG,

0 RIGINAL JURISDICTION.

Between A.B., Plaintiff,

and

C.D., Defendant.

To the Defendant OX.

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 particulary 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 any
such property by purchase, gift or in any other way.

Witness His Honour Chief Justice of Our 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.

Note.-This order is to be returned into the Registry im-
mediately after the execution thereof, with a memorandum indorsed
thereon of the date. and mode of execution.

As aniended by Law Rev. Ord., 1937.





FoRm No. 33. [s. 412.]

Affidavit in support of garnishee order.
Action No. of 19
IN THE SUPREME COURT OF HONG KONG,

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
the day of 19 , it was adjudged that I
[or the said plaintiff] should recover against the defendant C.D. the
sum of $ , together with interest thereon. at the rate of
$ per centum per annum from the date of the said judgment,
and costs to be taxed, and the said costs were, by the Registrar's
certificate dated the day of 19 allowed
at $
2. Thesaid judgment still remains unsatisfied to the extent of
$ and interest amounting to $
(1) of is indebted to the said defendant
in the sum of $ or thereabouts.
4. The said is within the jurisdiction of this court.
Sworn, etc.

FORM No. 84. [s. 412.]

Garnishee order attaching debt..
Action No. of 19
IN THE SUPREME COURT OF HONG KONG,
ORIGINAL JURISDICTION.
Between A.B., Judgment creditor,
and
(1) C.D., Judgment debtor.
E.F., Garnishee.
(2) in chambers.
Upon hearing and upon reading the affidavit
of filed the day of 19

* As amended by G.N. 290 of 1935 [5.4.35] and Law Rev. Ord., 1937.





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 , 19 ,
for the sum of , on which judgment the said sum of
$ remains due and unpaid; and it is further ordered that the
said garnishee attend His Honour in chambers on
day, the day of. 19 , 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 thereof as may be sufficient to satisfy
the, judgment; and that the costs of this application be

Dated the day of 19

Indorsements' to be made on the order before issue thereof.

If the garnishee does not dispute the debt claimed to be due from
to the judgment debtor, he may pay into court the amount due
from him to the judgment debtor or an amount equal to the sum
remaining due and unpaid on the judgment as stated within.

Unless entirely satisfied that the judgment debtor is in fact the
person or firm to whom he is indebted, the garnishee should attend
in chambers on the day and at the time named in the within-written
Order.

If the garnishee does not either pay into court or attend on the
day named within, the court may in his absence order execution to
issue.

FoRm No. 35. [s.415.]

Garnishee order absolute.

Action No.' of 19

IN THE SUPREME COURT oF HONG KONG,

ORIGINAL JURISDICTION.

Between A.B., Judgment creditor,

and

C.D., Judgment debtor,
E.F., Garnishee.
(1) in chambers.

Upon hearing and upon reading the affidavit of
, filed,the day of 19 and the
order nisi made herein on the day of 19





whereby it whs 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 Supreme Court
on the day of , 19 for the sum of $
on 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 as may be sufficient to satisfy the judgment, and
that, in default thereof, execution may issue for the same; and that
the costs of this application be

Dated the day of 19

FORM No. 36. [S.443.]
Notice to judgment creditor of application by prisoner for debt
to be discharged.

Action No. of 19

IN THE SUPREME COURT OF HONG KoNo,

ORIGINAL JURIDiCTION.

Between A.B., Plaintiff,

and

C.D., Defendant.

(1) in chambers.

To A.B., and h solicitor.

Take notice that this Honourable Court will, at o'clock m.
on day, the day of 19 hear an
application by the defendant to be discharged from prison.

And take notice that you will not be allowed to appear and oppose
the application unless you have, before o'clock In, on
day, the day of , 19, signifiedIn writing
to me your intention of so appearing and opposing the application.

(Signed) Registrar.

As amended by Law Rev. Ord., 1939.





FORM No. 87. [s. 443.]
Order for discharge Of Prisoner for debt. from prison.
IN THE SUPREME COURT OF HONG KONG,
ORIGINAL JURISDICTION.
Between A.P., Plaintiff,
and .
C.D., Defendant.
To the Superintendent Of Prisons.
You are hereby authorized to discharge out of your custody the
above-named defendant so far as regards the execution in this cause.
Dated the day of 19
By order of the court,
(Signed) Registrar.
FORM No. 38. [s. 453].
Writ of foreign attachment.
Act.ion No. Of 19
IN THE SUPREME COURT oF HONG KONG,
ORIGINAL JURISDICTION.
Between A.B., Plaintiff,
and '
C.D., Defendant.
E.F., Garnishee.
George the Sixth, by the Grace of God, etc.
To the bailiff of Our said Court, 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 Court on the day
of 19
Witness His Honour Chief Justice of Our said
Court, the day of

Indorsements to be made on the writ.
I hereby certify that this writ reached my hands for execution at
o'clock m. on day, the day of 19
(Signed) Bailiff.
This writ was served on E.F., of garnishee, at
o'clock m. on day, the day of ' 19
(Signed) Bailiff.

As amended by. Law Rev. Ord., 1937.





A memorial of this writ was registered in the Land Office at
o'clock m. on day, the day of 19
,(Signed)

FORm No. 39. [s. 455.]
Bond in case of foreign attachment.

Action No. of 19
IN THE SUPREME COURT OF HONG KONd,

ORIGINAL JURISDICTION.
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 be paid to the
said C.D., or his executors, administrators or assigns; for which
payment to be made we jointly and severally bind ourselves, and each
and every of us, and our and every of our respective heirs, executors
and administrators, firmly by these presents. In witness.whereof we
have hereto set our hands and seals this day of , in
the Year of Our Lord Nineteen Hundred and Whereas
all action has lately been instituted in the Supreme Court of Hong
Kong 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 has been
issued [or is about to issue] in the said action, on the application of
the plaintiff, against all the property, movable and immovable, of the
defendant within the Colony: Now the condition of this obligation is
that if the defendant shall at ally time within the period limited by
the said provisions of the Code of Civil Procedure in that behalf, cause
the said writ, or any other writ of foreign attachment issued in the
said action on tile 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 1he 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 either of them, then this obligation shall be
void otherwise it is to remain in full force.

Signed, sealed and delivered
in the presence of (Signed) A.B. [L.S.]

E.F. [L.S.]







FORM No. 40. [9. 526.]

Affidavit on interpleader.

Action No. of 19
IN THE SUPREME COURT ov HoNo KoNa,

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 brought to recover The
said (1) in my possession, but
I claim no interegt therein.
3. The right to the said subject-matter of this action has been
and is claimed (2) by one , who (3)
4. I do not in any manner collude with the said
or with the above-named plaintiff, but I am ready to bring into court
or to, pay or dispose of the said in such manner as
the court may. direct.

' Sworn, etc.

FORM No. 41. [s. 567.]

Order of issue, of warrant for arrest of absconding defendant.

Action No.............of 19
IN TOE SUPREME COURT OF HONG RONG,
ORIGINAL JURISDICTION.
Between A.B., Plaintiff,
and
C.D., Defendant.
Upon the application of the plaintiff A.B., and upon hearing
the solicitor for the said plaintiff, and upon reading the afildavit 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 he should not give security for his appearance to answer





any judgment that may be given against him in this action; and it
is further ordered that the, bailiff be authorized to release the said
defendant upon payment by the said defendant to him of the sum
of $ , being the amount of the plaintiff's claim herein, together
with the sum of $ for the costs of this action, and such sum as
may be due to 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. [s.567.]

Warrant for arrest of absconding defendant.

IN THE SUPREME COURT OF HONG KONG,

ORIGINAL JURISDICTION.

Between A.B., Plaintiff,

and

C.D., Defendant.

George the Sixth, by the Grace of God, etc.

To the bailiff of OUr said Court, greeting:

We command you forthwith to arrest the defendant C.D. pur-
suant to an order made by Our said Court, and to bring him before
Our said Court at o'clock m., on day, the day of
p 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 authorize you
to release the said defendant upon payment by him to you of the
sum of $ being the amount of the plaintiff's claims herein,
together with the sum of for the costs of this action, and
such sum as may be due to you for the execution. hereof; and We
further command you that, in default of such payment, you detain
the said defendant until the further order of Our said Court.
Witness His Honour Chief Justice of Our said
Court, the day of 19

(Signed) Registrar,'

Note.-This warrant is to be returned into the Registry im-
mediately after the execution thereof, with a memorandum indorsed
thereon of the date and mode of execution.

As amended by Law Rev. Ord., 1937.





FORM No. 43. [s. 568.]

Order for giving of bail by absconding defendant,

Action No. of 19

IN THE SUPREME COURT OF HONG KONG,

ORIGINAL JURISDICTION.

Between A.B., Plaintiff,

and

C.D,, Defendant.

Upon the application of the plaintiff A.B., and upon hearing the
solicitor for the said plaintiff, and upon reading the affidavit of
of It is ordered that the defendant
C.D. do give bail in the suM of $ to the satisfaction of the
Registrar, for his appearance at any time when called upon while this
action is pending 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 the execution of the judgment, or until the further order of the
court..

Dated the day of 19

FORM No. 44. [s. 568.]

Bail-bond of absconding defendant.

Know all men by these presents that we, C.D., of
E.F., of , and G.H., of, are held and firmly
bound unto 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 our
selves, and each and every of us, and our and every of our respective
heirs, executors and administrators firmly by these presents. In
witness.whereof we have hereto set our hands and seals this
day of , in the Year of Our Lord Nineteen Hundred
,and : Now the condition of this obligation is that if the
above-bounden C.D. shall appear in person before the Supreme Court
of Hong Hong, at any time when called upon while the 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,tliat 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 shallbe void, otherwise
it is to remain in full force.

Signed, sealed, and delivered
in the presence of (Signed)

C.D.
E.F.
G.H.

FORM No. 45. [s. 573.]
Warrant for bailiff to call upon defendant to give security
to produce property.

Action No. of 19
IN THE SUPREME COURT OF HONG HONG,

ORIGINAL JURISDICTION.

Between A.B., Plaintiff,
and

C.D., Defendant.
George the Sixth, by the Grace of God, etc.
To the bailiff of Our said Court, greeting.:
We command you forthwith to call upon the defendant C.D.
either by day, the day qf ' 19 , to furnish
security in the sum of $ to produce and place at the disposal
of Our said Court, when required, his property or the value of the
same, or such portion thereof as may be 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 he
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 His Honour Chief Justice of Our said
Court, the day of 19

(Signed) Registrar.

Note.-This warrant is to be returned into the Registry im-
mediately after the execution thereof, with a memorandum indorsed
thereon of the date and mode of execution.

As amended by Law Rev. Ord., 1937.





FORM. No. 46. [s.656.]

Advertisement for creditors.

A. B. DECEASED. Pursuant to a judgment [or an order] of
the Supreme Court 'dated the day of , 19
and made in an action In the matter of the. estate of A.B. deceased,
S. against P. No. of 19 the creditors of A.B..(late
of who died on the day of
19 ), are on or before the day of 19 to send
to , of , their full Christian 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 by them, or in default thereof they will be exclu 1 ded
from the benefit of the said judgment [or order] unless the court on
application otherwise orders. Every claimant holding any security
is to produce the same before at his chambers at
the Supreme Court in Victoria, Hong Kong, on the day of
19 ' at o'clock in thenoon, being the
time appointed for adjudicating upon the claims.


A claimant not residing in this Colony must send with particulars
of his claim the name and address of a person in this Colony to whom
notices to the claimant can be sent.

Dated this day of 19

[Signature and address of the solicitor of the party prosecuting
the judgment or order, stating on whose behalf he is acting.]

* As amended by Law Rev. Ord., 1937.





FoRm No. 47. [s. 656.]

Advertisement for claimants other than creditors.

A. B. DECEASED.Pursuant. to a judgment [or an order] of
the Supreme Court dated the day of' 19 , and
made in an action In the matter of the estate of A.13. deceased (late
of who died on the day of
19 ), against P No. of 19 whereby the
following inquiry was [ar inquiries were] directed, viz. :

[Set out inquiry or inquiries.]

Notice is hereby given that all persons claiming to be entitled
under the Said inquiry [or inquiries] are on or before the day of
, 19 , to send to of , their
full Christian and surnames, addresses and descriptions, and full
'particulars of their claims, or in default thereof they will be excluded
from the benefit of the said judgment [or order] unless the court on
application otherwise orders. day the day of
19 , at o'clock in the noon is the time appointed for
adjudicating upon the claims beforeat his chambers
in the Supreme Court in Victoria, Hong Rong.

A claimant not residing in this Colony must send with particulars
of his claim the name and address of a person in this Colony to whom
notices to the claimant can be sent.

Dated this day of 19

(Signed) Registrar.

* As amended by Law Rev. Ord., 1937.




FORM No. 48 [s.690]

Cause-Book

CAUSE-BOOK FOR THE YEAR 19




FORM No.49 [s. 326A.]

Order for examination of witness in the Colony in virtue of a
letter of request from a foreign court.

(a) in chambers.

In the matter of the Evidence Ordinance, 1889.

And in the matter of a civil [or commercial or criminal] proceeding
now pending before (b)

intituled as follows:-

Between
Plaintiff,
and
Defendant.

Upon reading the afflidavit (if any) of filed the'
day of 19 and the certificate (C)
that proceedings are pending in the (b)
in (d)

and that such court is desirous of obtaining the testimony of (e)

It is ordered that the said witness [or witnesses]
do attend before

who is hereby appointed examiner herein, at (g)

on the day of 19 at o'clock, or such
other day and time as the said examiner may appoint, and do
there submit to be examined upon oath, or affirmation, touching'the
testimony so required as aforegaid, and do then and there produce
(h).

And it is further' ordered that the said . examiner- do take down
in writing the evidence of the said witness, or witnesses, according
to the rules and practice of the Supreme Court pertaining to the
examination and cross- examination of witnesses (or as may be other-
wise directed); and do cause each and every such witness to sign his or
her depositions in his, the said examiner's, presence; and do sign the

depositions taken in pursuance of this order, and when so completed
do, transmit the same, together With this order, to the Registrar,
Supreme Court, Hong Kong, for transmission to the president of the
said tribunal desiring the evidence of such witness or witnesses.

Dated this day of 19

Form No. 50. [s. 326A.]

Certificate of Registrar forwarding depositions.

Registrar of the Supreme Court of Hong Kong,
hereby certify that the documents annexed hereto are (1) the original
order of the Supreme Court of Hong Kong dated the day of
19 , made in the matter of pending
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 said 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. No. 32 of 1931. No. 1 of 1933. No. 13 of 1933. Law Rev. Ord., 1937. Law Rev. Ord., 1939.] Short title. Interpretation. H.K. Code, s. 2. Action. 36 & 37 Vict. c. 66, s. 100. [s. 2 contd.] The bailiff. Cause. Cause of action. H.K. Code, s. 2. This Code. The court. The Hong Kong 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. Savings 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.] 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. Indorsement in actions by moneylenders. O. 3, r. 10. Ordinance No. 16 of 1911. Procedure on default of appearance to specially indorsed writ. H.K. Code, s. 13 (1). O. 13, rr. 3, 8. O. 13, rr. 3, 16. Ordinance No. 16 of 1911. 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 ordinary 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. 4B. Schedule. Forms Nos. 3, 4, 5. Filing of copy of originating summons. O. 54, r. 4B. Appearance to originating summons. O. 54, r. 4C. 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. 2. 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). [cf. O. 9, r. 2; O. 67, r. 6.] O. 10. Service on defendant in public service. H.K. Code, s. 8 (4). Service on certain 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 [s. 42 contd.] jurisdiction. O. 11, r. 1. Schedule. Forms Nos. 7, 8. 22 & 23 Geo. 5, c. 36. O. 11, r. 4. [s. 42 contd.] O. 11, r. 5. O. 11, r. 6. Schedule. Form No. 8a. O. 11, r. 7. O. 11, r. 3. O. 11, r. 8A. 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. Procedure in cases where a Convention applies. O. 11, r. 13. 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 of 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). O. 13, rr. 3, 16. Ordinance No. 16 of 1911. Procedure on default of appearance to originating summons. O. 13, r. 15. General rules as to joinder of persons as plaintiffs. O. 16, r. 1. Case of action commenced in name of wrong plaintiff. O. 16, r. 2. Case of counterclaim where a plaintiff is wrongly joined. O. 16, r. 3. General rules as to joinder of persons 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 waste, etc. O. 16, r. 37. Case of numerous persons having same interest. O. 16, r. 9. Power to approve compromise in absence of some of the persons interested. O. 16, r. 9A. Misjoinder and nonjoinder 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. Schedule. 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. Third-party notice. O. 16A, r. 1. Form and issue of notice. O. 16A, r. 2. Schedule. Forms Nos. 12, 12a. Effect of notice. O. 16A, r. 3. Appearance. O. 16A, r. 4. Default by third party. O. 16A, r. 5. Defendant's remedy. O. 16A, r. 6. Third party directions. O. 16A, r. 7. Leave to defend. O. 16A, r. 8. At trial. O. 16A, r. 9. Costs. O. 16A, r. 10. Fourth and subsequent parties. O. 16A, r. 11. Co-defendants. O. 16A, r. 12. Counterclaim. O. 16A, r. 13. 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. Rule 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 to 108. 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, s. 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. 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). Schedule. Form No. 15. Description of parties. H.K. Code, s. 24 (1). Claim beyond indorsement on writ. O. 20, r. 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. Cod, 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 improperly 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. Payment into court. O. 22, r. 1. Specific causes of action. Notice. Schedule. Form No. 16a. Plaintiff may take out money. O. 22, r. 2. Schedule. Form No. 16b. Plaintiff may tax costs. Money remaining in court. O. 22, r. 3. Several defendants. O. 22, r. 4. Schedule. Form No. 16b. Counterclaim. O. 22, r. 5. Non-disclosure of payment into court. O. 22, r. 6. Ordinance No. 1 of 1887. Money paid into court under order. O. 22, r. 8. 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. 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. 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. 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 (3). Production of documents. O. 31, r. 14. Inspection of document referred to in pleadings, etc. O. 31, r. 15. Time and place 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 (1). Claim of privilege. O. 31, r. 19A (2). Premature discovery for 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 trail. 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 issues 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 inquiries 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 inquiries. O. 33, r. 7. Rule 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. Form No. 23. Agreement of parties for payment of money, etc., on decision of special case. H.K. Code, s. 88. O. 34, r. 6. Judgment and execution on decision. O. 34, r. 6. Power for persons interested in question as to construction of enactment, etc., to concur in stating special case for opinion of the court, and procedure thereon. 13 & 14 Vict. C. 35, 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 money, etc., on decision of questions. Judgment and execution on decision. O. 34, r. 11. 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 (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 different from 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. Inspection by jury. O. 50, r. 5. Application for order of mandamus, 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. (2), (3). Right to trial by jury in action of libel, etc. 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. 2. Provision for different modes of trial for trial for different questions. O. 36, r. 7. Trial by the Full Court. [cf. No. 8 of 1933.] 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). O. 27, rr. 2, 16. Ordinance No. 16 of 1911. 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 (1) to (10). Notes of evidence. H.K. Code, s. 62 (11). Remarks on demeanor 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. (18), (19). Evidence in mitigation of damages in action for libel or slander. O. 36, r. 37. Power of the court to direct non-suit, etc. H.K. Code, s. 65 (1) to (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 been 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. Custody of deposition taken on examination. Report of examiner on examination, and proceedings thereon. O. 37, r. 17. Procedure for obtaining evidence in the Colony for use in foreign tribunal. O. 37, rr. 54 to 60. Ordinance No. 2 of 1889. 33 & 34 Vict. c. 52. [s. 326A contd.] Schedule. Form No. 49. Schedule. Form No. 50. 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) to (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, etc. 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 original affidavit. H.K. Code s. 56 (12). 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 for admission of affidavit. H.K. Code, s. 55 (4). Rules as to examination of witnesses. H.K. Code, s. 55 (7) to (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 awarded generally. Judgment in case of set-off and counterclaim for money. H.K. Code, s. 67 (8). Indorsement to be made on judgment requiring act to be done within limited time. O. 41, r. 5. Effect and enforcement of order of the court. H.K. Code, s. 80. O. 42, r. 24. 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. definition of costs. H.K. Code, s. 94 (2). Taxation of costs. 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 representative of deceased person. H.K. Code, s. 70 (5). Judgement 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 sale in 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. 22. Duration and renewal of writ. 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 precipice 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 execution in certain cases, and proceedings thereon. H.K. Code, s. 73. O. 42, r. 23. [cf. S. 100.] application for leave to issue execution by one of several persons entitled. Indian Code, s. 231. Staying execution on ground of new facts. O. 42, r. 27. Staying execution on previous judgment where action pending between same parties. H.K. Code, s. 72 (3). Issue and date of writ. 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 disposses him of immovable property under judgment. H.K. Code, s. 75 (5). Effect of decision under s. 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. [cf. No. 39 of 1932, s. 255.] 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). [cf. s. 459.] Attachment of property in custodia legis. H.K. Code, s. 76 (6). Service of prohibitory order. H.K. Code, s. 76 (8). [cf. No. 39 of 1932, s. 255.] 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 judgement. 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 to judgment creditor of proceeds of debts attached. 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). Effect of sales in execution without notice of claim by third party. 3 & 4 Geo. 5, c. 34, s. 15. Ordinance No. 10 of 1931. 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 she 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). Support and maintenance allowance to prisoner for debt. H.K. Code, s. 79 (1). [cf. S. 569 (3).] 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 support and maintenance 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 to show cause why he should not be punished. H.K. Code, s. 81 (1), (2). Service of order, etc. H.K. Code, s. 81 (3). Proceedings on return-day 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 directed to be done at expense of party refusing to do it. O. 42, r. 30. Enforcement of judgment against disobedient corporation. O. 42, r. 31. Proceedings by foreign attachment. H.K. Code, s. 82 (1). Issue of writ of foreign attachment. 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). [cf. S. 404.] 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 immovable 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 several 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. H.K. Code, 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). Crown suits to be in the name of the Attorney General. Mode of preferring claim against Government. H.K. Code, s. 83 (1), (2). 23 & 24 Vict. C. 34. 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. 4A, r. 2. Service on partners sued 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. [cf. O. 16, rr. 22 to 31H.] Application by poor person to sue or defend as pauper. H.K. Code, s. 86 (1). Assignment of counsel and solicitor to consider case. H.K. Code, s. 86 (1). Order for admission to sue or defend as pauper. H.K. Code, s. 86 (1). Assignment of counsel and solicitor to assist pauper. exemption of pauper from fees. H.K. Code, s. 86 (4). [cf. O. 16, s. 28.] Duty of counsel or solicitor assigned to act. [cf. O. 16, r. 30 (3).] Punishment of person taking fee from pauper. [cf. O. 16, r. 28.] Dispaupering of pauper. H.K. Code, s. 86 (5). Duty of solicitor of pauper as to signing of documents. O. 16, r. 13D. 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 of term or 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. 218. Right of plaintiff to claim mandamus by indorsement on writ. H.K. Code, s. 85 (1). Setting forth of grounds for mandamus in statement of claim. H.K. Code, s. 85 (2). Proceedings in action claiming mandamus. 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 prerogative writ. 17 & 18 Vict. C. 125, 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.] Decisions of question of law. O. 57, r. 9. [cf. s. 535.] Failure of claimant to appear or refusal to comply with order. O. 57, r. 10. Appeals in interpleader O. 57, r. 11. Application of Chapters VI and XII. O. 57, r. 13. General powers of 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. Provisions 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. Power 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 subpcena. 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 for report. 15 & 16 Geo. 5, c. 49, s. 88. Reference for trial. 15 & 16 Geo. 5, c. 49, s. 89. Powers of referee, and [s. 553 contd.] procedure on reference. 15 & 16 Geo. 5, c. 49, s. 90 (1). O. 36, r. 48. O. 36, r. 49. 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. Setting aside judgment of referee. Effect of report or award. 15 & 16 Geo. 5, c. 49, s. 90 (2). Remuneration of referee, etc. 15 & 16 Geo. 5, c. 49, s. 90 (3). Powers of the court as to reference. 15 & 16 Geo. 5, c. 49, s. 91. Compelling attendance of witness before referee, etc. 52 & 53 Vict. C. 49, s. 18. Statement of special case pending reference. 52 & 53 Vict. C. 49, s. 19. Costs. 52 & 53 Vict. c. 49, s. 20. 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 tc custody of defendant. H.K. Code, s. 16 (5). Support and maintenance of defendant in prison to be paid by plaintiff. [cf. S. 439.] 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 compensation to defendant for unjustifiable attachment. H.K. Code, s. 17 (8). Arrest and detention of ship in special cir- cumstances. 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. [cf. No. 3 of 1932, s. 10 (3).] Adjournment of order for receiver 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. 8 of 1933.] Motions for new trial. 15 & 16 Geo. 5, c. 49, s. 30. General power to order new trial. H.K. Code, s. 68 (1). Application for new trial. H.K. Code, s. 68 (2) to (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 appeals. 15 & 16 Geo. 5, c. 49, s. 31 (1) (h). Limit of time for appeals : security for costs. O. 58, r. 15. Appeal to be by re-hearing on motion. O. 58, r. 1. Service of notice of motion for appeal, etc. 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 of fact. O. 58, r. 11. Transcript of proceedings. Evidence as to direction of or questions by judge. O. 58, r. 13. Interlocutory order not to prejudice 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. Determination on originating summons of questions 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 persons. 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 Ordinance No. 18 of 1934. Application in chambers for relief relating to charity with annual income exceeding $300. 16 & 17 Vict. C. 137, s. 28. 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. Sale of mortgaged property in action for redemption or foreclosure. 15 Geo. 5, c. 20, s. 91. 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 re-conveyance. 15 & 16 Vict. C. 76, s. 219. Cases excepted from operation of section 643. 15 & 16 Vict. c. 76, s. 220. Originating summons for sale, foreclosure, etc. O. 55, r. 5A. Persons to be served with summons. O. 55, r. 5B. Power to judge to obtain assistance of accountant, etc. O. 55, r. 19. 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. Attendance 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. Advertisements. O. 55, r. 44. By whom prepared and signed. O. 55, r. 45. Substance and form of advertisements. O. 55, r. 46. Claimants not sending particulars of claims excluded. O. 55, r. 47. Service of notices on claimants. O. 55, r. 47. Claimants to produce documents if required. O. 55, r. 49. Claimants' affidavits. O. 55, r. 50. Examination and verification of claims. O. 55, r. 51. Adjudication on claims. O. 55, r. 52. Adjournment. Further evidence. O. 55, r. 53. Notice of claims allowed or disallowed. O. 55, r. 54. Unless served with notice claimant need not attend. Costs. O. 55, r. 55. List of claims allowed. O. 55, r. 56. Affidavit verifying claims. O. 55, r. 58. Adjudication on claims. O. 55, r. 59. Claimants who have established their claims to be served with notice of judgment. O. 55, r. 60. Computation of interest on debt carrying interest. O. 55, r. 62. Allowance of 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 of proceedings in chambers. O. 55, r. 73. Drawing up and entering of 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 sittings. 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. 52 & 53 Vict. C. 10, s. 1. Officers of the court, to administer oaths. 52 & 53 Vict. C. 10, s. 2. Application for leave to issue writ of attachment. O. 44, r. 2. Effect of writ 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., 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., App. A, Part I, No. 1. (2) 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., App. K, No. 1A. (1) If the question to be determined arises in the administration of an estate or a trust, intitule 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., App. K, No. 1B. (1) State the object of the application. R.S.C., App. K, No. 1H. (1) State the object of the application. R.S.C., App. K, No. 1F. (1) Insert the name of the defendant or respondent. R.S.C., App. A, Part I, No. 5. R.S.C., 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., App. A, Part I, No. 9. R.S.C., App. A, Part I, No. 10A. R.S.C., App. A, Part I, No. 10B. R.S.C., App. A, Part I, No. 10C. R.S.C., App. K, No. 20A. R.S.C., App. A, Part II, No. 1. R.S.C., App. A, Part II, No. 8. R.S.C., App. G, No. 28. R.S.C., App. B, Part II, No. 1. R.S.C. App. B, Part II, No, 1A. R.S.C., App. K, No. 4E, 1. R.S.C., App. K, No. 4F. (1) Mention the judge. R.S.C., App. E, Sec. II. R.S.C., App. E, Sec. II. R.S.C., App. B, Part II, No. 3. R.S.C. App. B, Part II, No. 4. R.S.C., App. E, Sec. II. R.S.C., App. E, Sec. II. R.S.C., App. E, Sec. III. No. 1. R.S.C., App. B, Part II. No. 6. R.S.C., App. B, Part II, No. 7. R.S.C. App. B, Part II, No. 8. R.S.C., App. G, No. 25. R.S.C. 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., 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., App. B, Part II, No. 25. (1) Insert name, address and description of garnishee. R.S.C., App. K, No. 39. (1) Insert name, address and description of judgment debtor. (2) Mention the judge. R.S.C., App. K, No. 40. (1) Mention the judge. (1) Mention the judge. R.S.C., 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., App. L, No. 2. R.S.C., App. L, No. 3. (a) Name of judge. (b) Description of foreign tribunal. © Name and description of the Ambassador, Minister, Diplomatic Agent or Consul of the foreign country. (d) Name of foreign country. (e) Names of witnesses. (f) Name and address of examiner. (g) Place appointed for examination. (h) Description of documents, if any, required to be produced.