HONGKONG CODE OF CIVIL PROCEDURE ORDINANCE

HONGKONG CODE OF CIVIL PROCEDURE ORDINANCE

Code of Civil Procedure.

No. 13 of 1873.

An Ordinance to consolidate and amend the Laws relating to
the Process, Practice and Mode of Pleading in the Suprerne
Court of the Colony, and to provide a Uniform Code of
Procedure at common Law and in Equity.

[30th September, 1873.]

INTRODUCTION.

WHERE AS it is expedient to consolidate and amend the laws
W relating to the process, practice, and mode of pleading in the

Supreme Court of the Colony, and to provide a uniform code of prodvdure
at Coin mon Law and in Equity: Be it enacted by the Governor of Hong
kong, with the advice of the Legislative Council thereof, as. follows : --
ORDINANCE No. 18 op. 1873..

Code of Civil Procedure..

_ 1. This Ordinance may be cited for all purposes as 11The Hongkong short
title.
Code of Civil Procedure.'

2. The following terms and expressions shall be understood as here-
jrrterljreta-
tion of terw.
inafter defined or explained, unless there be something in the subject or
~(&e Ord. NO.
of 1867.]
context repugnant to such definition or explanation; that is to say :-
'Court' shall mean the Supreme Court and shall include
the Chief Justice and Puisne Judge of the Supreme Court sitting

together or separately in Court or in Chambers.,
' Full Court' shall mean the Chief Justice and the Puisne
Jud,ye sitting to,,ether.
' Registrar' shall mean the rogistrar of the Supreme Court.

' Sheriff' shall include a Deputy Sheriff' * and any person i=,~e Ord.
lawfully authorized to execute the process of the Court. $sQ2 °f

'Code' shall mean the Code of Civil Procedure introduced
by this Ordinance.

' Cause of Action' iii suits founded on contract shall not
necessarily mean the whole cause of action, but a cause of acticin
shall be deemed -to have arisen within the jurisdiction',ifs the
contract was made therein, though the breach may have occurred :°
elsewhere, and also if the breach occurred within thejurxsdic6on, ~.
thounh the contract, may have been made elsewhere.

Within the Jurisdiction' shall mean within the Colony;

-uid shall not include the jurisdiction exercised by the Supreme
Court under article 159 of the Order of Her Majesty the Queen
in Council of the 9th of March, 1565, for the Government of
Her Majesty's subjects in Claina and Japan.

Nothing in this Ordinance contained shall be deemed :- sanaehuse.
(a.) To affect the rights,-privileges; or remedies of the Crown;
(b.) To affect the existing jurisdictiox`t or powers of the Supreme ,
,Court ;
(c.) '1 n affect the procedure and practice of the Supreme Court
in matters or causes testamentary under Ordinance P;o.
$ of 1860, nor under ' The Bankruptcy Ordinance,, 1864,
nor, under. 'The Companies Ordinance, 18651' nor

1. fLlrthcr nor.otherwise than.is- herein expressly enacted;
ORDINANCE No. 13 611 1873.

Code of Civil Procedure.

(d.) To affect the procedure and practice of the Vice-Admiralty
Court of the Colony;

(e.), To affect any suit, action, or other proceeding instituted at
the time of the commencement of this Ordinance;

Provided always that in case the parties to any such last mentioned suit,
action, or other: proceeding shall desire to carry on and continue the
same,
so far as may be practicable under the provisions of this Code, the Court
may, in its discretion, permit them so to do upon such terms and. condi-
tionW as it may think reasonable.

Old procedure and practice.

Odproculure 4. Except so far as may be otherwise specially provided in
this Code,
o~ practice all the enactments contained in any Ordinances of the Colony,
or in any

''~pen`re`1' . ' Acts or parts o£ Acts of the Imperial Parliament in
force therein relating

to tie procedure and practice of the Court in its Common Law and Equity
jurisdictions, and all rules and orders of the Supreme Court (including
all unwritten rules of practice and all rules or orders, of any Court of
Law
or Equity in England which are now in force in the Colony) shall, from
and after the commencement of this Ordinance, and during the continuance
thereof, be suspended in' their operation, so far as they relate to such
procedure and practice, subject to, the proviso next hereinafter
contained,
How f4r that is to .say : Provided that as regards any matters for which
no special

~iraG,y provision may have been made by this Code, the said Ordinances,
Acts,
or' parts of Acts, rules, or orders hereby suspended, shall be deemed to
remain in force so far as the same shall not conflict, or be inconsistent
with the Code of Procedure introduced by this Ordinance, and can be

rriade auxiliary thereto.

New procedure and practice.

Fusion of 6. From and after the commencement of this Ordinance, the pro-
awc~a ~n t , cedure and practice of the Supreme Court in its Common Law
and Equity
r'~uitp' jurisdictions shall be assimilated, and all civil suits shall be
instituted
arrd'~eof tied on in- rinaW ei hereiriaft'er prescribed.
ORI?INAIV.CE NO: 13 o-F 1.87-3,

Code of 1~ipil Procedure.

PART I.

FROM THE INSTITUTION Oh' A SUIT 'TO
THE HEARING.

CHAPTER I.

THE INSTITUTION OF SUITS.

Register of civil suits.

6. The Registrar shall keep a book called the register of civil suits, ,
Regititer of
which shall be in the form contained in the schedule to this Code, or as
suits.
near thereto as circumstances permit, and shall contain the entries spe-
cified in the said form, and every suit or proceeding, however instituted
under the pr&isions of this Code, shall be numbered in each year accord-
ing to the order in which the sarxle shall be commenced.

Attorneys and agents.

7. Every.person doing any ,act, or taking, an proceeclli~ `in ~h
Court as plaintiff, or, otherwise, mustf do so iQ leis .own lname and not
otherwise, and either by himself or by his attorneys procurator, or agent
thereunto lawfully authorised in writing.

2. Where such act is done, or proceeding taken by an attorney,
procurator, or agent, the Court may order that the power of attorney, or
instrument constituting the procurator or agent, or an authenticated copy
thereof, be filed in the Court before or at the commencemOt of, or during
the proceedings..

NOTE.-The sectio?ial-rgferences in italics in the margin to this.
Ordinance tire to the
sources from which the sections axe taken: The following abbreviations are
used

C. 8~ J. Il. -Rules of the Supreme . Court fir China and
Tdpan, 4th May, 1865.
In: Co: -Indian Code Act Y7IL of 1859.
In: Co: Am: 1861.-Indian ActXXXIII of1$61, amending the Code.
In. Ev. .Act;1856. --Indian Evidence Act, 1865) No. 2:
In. .liv. Act 1872, -Indian Evidence Act, ,1872, No. 1.

prdtree~ingl-;''
may-
'instituted. .

249.1 .

court Ma
order author-
ity'to sue, 'of,
copy therenfy
to 4siea'
,
[Ib.250.1
-
Terms of
autharit3.

ORDINANCE \o. 13 -op 1873.

Code of Civil Procedure.

When the 3. Where the authority is special and has reference only to the
oztginal must
befiled. particular proceeding to be taken, the original document itself
must be
Crn.7 filed; but where the authority is general or has reference to other
matters
in which the attorney, procurator, or agent is empowered to act, an
authenticated copy of such document may be filed.

4. The authority; whether general or special, must be distinct and

clear, so as to satisfy the Court that the person professing to act
thereon
has such authority as he claims to exercise.

Proceeding 5. Any person doing any act or taking any proceeding in the
Court
without
.authority., in the name or on behalf of anothe r person, not being
lawfully authorised
,yn: 251.1
thereunto, and knowing himself not to b e so authorised, shall be deemed
guilty. of a contempt of Court.

- Servire of p?
°oeess.

vaae~o~ - $. No service in a civil suit shall be made on Sunday, Christmas
[2'b; ~tra 1
Day; or Good Friday.
Nx~orxa'1 2; Unless in any case the Court thinks it just and expedient
other-
spfi!~iCO.
1pkW1 ; rovise to direct,. ser vice shall be personal, that is, the
document to be

sed shall be delivered into the bands of the person to be served: Pro-
erv
vided always, that where the duly authorised attorney of the person to

Service'
on be served shall undertake to accept service on behalf of his client,
service.

aftoiueg.
upon such attorney shall be equivalent to personal service on the client,
and all further service in the suit or proceeding, may be made by deliver-
inn the instrument to be served to such attorney, or by leaving the same
at.hia
och er,- 3. Where it appears to the Court that for any reason personal
service

of service. - -
Iza: 266.1 . - : 4a, writ, petition, notice, summons, decree, order; or
other document of
rvhzch service is required cannot be conveniently effected, the Court may
'order that service be effected either: -

on inmate of (a.) By delivery of the document to be served, together with
abode, &e. - 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
~u ~t,~d , ed - . ' (b.) By delivery thereof to some agent within the
Colony of the
ea,~'ve,u- .- person to be served, or to some other person , within the
Colony through whom it appears to the Court there is -a
seasonable probability that the document and order served
will come to the knowledge of the person to be served ; or
ORDINANCE No. 13 or 18'43.

Code of diuid Procedure.

(c.) By advertisement in some newspaper circulating within Advertise=

the Colony; or

((1.) By notice put up at the Court House, or at some other Nnti-afxeAi.
place of public resort, or at the usual or last known a
place of abode or business of the person to be served,
within the Colony.

4. When the defendant is in the service of the Government, the
,Court may transmit a copy of the document to be served, to the head
4offacer of the department in which the defendant is employed, for the
purpose of being served on him, if it shall appear to the Court that the
-document may be most conveniently so served.

5: When the suit is against a British corporation, or a company on British
-corporations.
authorised to sue and be sued in the name of an officer or trustees, the
and eom. '
panics.

document may be served by diving the same to any director, secretary,

service on
Government
servants.
(Int : co : x.

~or other principal officer, or by leaving it at the office of the
corporation

or company.

6. When the suit is against a foreign corporation or company, on foreign
corporations.
having an office and carrying on business -within the Colony, and such
=ana;cnm-
pun~ee
suit is limited to a cause of action which arose within n 'thejurisdicti6
the document may be served by giving the same to the prxn,orp~ office; ``
-or by leaving it at the office of `such foreign corporation or ' compaj
within the Colony.

7. When the suit is against a defendant residing out of the jurisdic-
.tion, but carrying on business in the Colony- in his own name, or under
the name of a firm through a duly authorised agent, and such suit is
limited
-to a cause of action which arose within the jurisdiction, the document
may be served by giving it to such agent, and such service shall be
equiva-
,leut to personal service on the defendant.

3.-'fhe Court may direct service to be made out of the jurisdiction
3n all cases in which the Court is satisfied by affidavit or otherwise
that
the suit is limited. to a cause of action which arose within the
jurisdiction:.

9. In every case in which the Court shall direct service to be .made
out of the jurisdiction, it shall .be lawful for the Court, in its
discretion,
to fix the time within which an appearance shall be entered by the
defendant arid to give any other directions wish reference to each service
. which it may think fit, and to receive any affidavit or statutory
declaration

%4 such service hav ng been effected 'as printd, facie evidence thereof.,

On cLeYoncl-
ttnVs agent .-
within the
Colony.

See Ord. No.
r f 1355, s. .
16.1

80r vice out of.

the juxiaaie-.

t1UD. , -

Court may
make special
orders in
respect there-
of. [ 3ce sees.
T 1 29.]
[~ In. Cu.
R. as.J
OI.tDINANCL No. 13 ~oy 1:87;

Code of Civil Procedure.

orders may , 1>7. Any order for service relay be varied from time to time
with-
be varied. respect to the mode of service directed by the order, as
occasion requires.

Expenses 0>: 11. Whenever the service of process by the s7aeriff ['
baili(f ' asr
service. amended by Ordinance IVo- 22 of ~1882,j shall be attended with
expense,
he shall not (except ['by direction of the Registrar or' as amended ibid.
by order of the Court) be bound to effect the saire; unless the
reasonable-
expeases thereof shall have been previously tendered to him by the party
requiring such service: and such expenses shall be costs in the cause. -

Suits to be commenced by writ of summons.

writ of sum- 9. Subject to the provisions hereinafter contained as to the
institution
'`°°s' , of special suits and proceedings in certain cases, all suits in
the Supreme
Court shall be commenced by a general writ of summons to be issued by

the I3,egistrar on the filing of a Prcecipe for tile same.'
2. The writ shall be prepared by the plaintiff, or his attorney, anc~
shall specify the name, description and place of abode of the plaintiff
anc~
~ox'the dQfendant,so far as they, can be ascertained, the subject matter
of
.the claiy and the relief sought for, and such writ shall be tested in
the-
name of the Chief Justice and bear date the day whereon tl3e same shzl
be sued out.

Tea contents -
and by whom

prepared' - -

Not to be
altered with-
out leave.

Limitation
and' renewal

1'roeeedinga
by petition
without

3. Any alteration in the writ, without leave of the Court, and with-
out being re-sealed before service, shall render the writ void.

4. In case service o£ the writ shall not have been effected within six
months from the date thereof; the~satne shall become void: Provided always
that the Court play 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.

:. 5: Nothing in this section contained shall be deemed to-apply to-
propgs which may now 'be heard on petition without preliminary.
service' on guy party; but all . petitions shall be subject to ,the rules
'con=
twined in section 2=1, so far as they arc applicable to the subject

thereof. .

Of summoning the defe?zdant.

sqrniee of 10. The plaintiff shall cause a copy of the writ of summons to
be-
'-rit' served on -the dqfendan~ and such copy shall contain a 'memorandum
endorsed thereon - requiring . the defendant to enter an, appearance to
the
ORDNANCE No: 1°3 01 18`13:

Code of Civil Procidufie. `

suit within eight days from the day of such service, or in cases of
service
out of the jurisdiction, within such time as the Court shall have ordered;
and every such writ shall, within eight days after the service thereof, or
in cases of service out of the jurisdiction, within such time as the
Court,
shall have ordered, be returned into the Registrar's office with a men io-
randum endorsed. thereon of the date and mode of service.

Appearance.

11. The defendant shall within eight days from the day of service Time
for *
upon him of the writ of summons, or in cases of service out of the juris-
a~t~ea>~

diction, within such time as the Court shall have ordered, cause an
appearance to the suit to be entered for him in the Supreme Court.

2. In all cases of service of awrit of summons out of the jurisdiction.
the entry of appearance thereto shall specify the name and address of some
attorney, agent, or other person within the jurisdiction on whom sub-
stituted service of all further process against the defendant in the suit
nay
be effected while the defendant remains out of the jurisdiction, and in
default thereof, the Court may proceed with the suit as if no appearance
fad been entered.

Consequences of nova-appearance.

Further
service of
proceedings
on 'absent
<iei'crrdant.

12. If the defendant shall fail to enter an appea~W ce ~vitliin. the'
time ~Jrooeeding

=
ex fits^¢e oa.
hereinbefore limited in that behalf, and it shall be provedtfo tha sti
isfactioh rron.appeHr=
of the Court that the writ was duly served, the Court may give leave to
sin ~ Co.-&
the plaintiff to proceed with the suit ex parte. 'the plaintiff may there-
. rl.~
upon file his petition and apply forthwith to have the cause set down for
heating.

2. If the defendant enter an appearance at any time before tire
hear- sub5cquerit
appearance.
ing of the suit, he may, upon such terms as the Court may direct as to
the payment of costs or otherwise, be heard in answer to the suit, in like
xi~anner as if he had duly entere~ an appearance within the dine limited
ag aforesaid.

3. When the cause has been called on, the Court may proceed to hear

the same ex pane, and may, on the evidence adduced by the plaintiff, give
such judgment as appears just; but it shall not be obligatory on the
-Court to decide ex pane in the absence of the defendant, and it'shall be
at.
the. discretion of the Court to issue a warrant to arrest him and. detain
him
till another day appointed for the hearing of the cause, sand in the mean-
-0hile, to attach his property.

Discretion of

the Court as
to Proceeding
6x pane.
In what cases.
kC. P. Act,
1852, QP0R. 25,
27.1

judgment ill
defa,tilt of

Leave to

. eefentl not- ,

*A'd,qtaxxaig.

-'Cases of
ord,inary

order for
accounts &c.

ORDINANCE ho. 13 of 1873.

Code of Civil Procedure.

Writs specially indorsed.

13. In all cases in which the defendant is within the jurisdiction of:
the Court., and the claim is for a debt or liquidated demand in money .
whether founded on a legal or equitable right, the plaintiff shall be at
liberty to make neon the writ of summons and copy thereof, a special
indorsement of the particulars and amount of his claim, and of any
interest payable thereon by law or under any contract expressed or
implied,
and in default, of appearance, he shall be entitled to judgmentfor any sum
hot exceeding the sum indorsed on the writ together with interest, if any,
payable thereon as aforesaid, to the date of the judgment, and the amount
of the taxed costs: Provided always that the Court may, nevertheless, let
in the defendant to defend upon an application, supported lay satisfactory
affidavits accounting for his non-appearance and disclosing a defence upon
the merits.

2. If the defendant has appeared, the plaintiff shall be entitled, upon
filing an affidavit verifying the cause of action, and swearing that in
his.
belief there is no defence, to tape out a summons to show ,cause why he
should mot proceed to judgment and execution, and upon. such summons,
such order may be made as the justice of the case may require.

3. 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 b&
specially indorsecl, and in default of appearance, or after appearance;
unless.
the defendant shall satisfy the Court that there is really some
preliminary
question to be tried,.~an order for the. account, with all usual
directions,
nnay be, forthwith made.

4. It shall also be lawful for the Court, in such cases, on sumtliaryy
ryapplication in Chacxxbers or elsewhere, to direct, if it think fit; any
necessary
inquiries or -accounts, notwithstanding it may appear that there is some:
special=or farther relief sought, or some special matter to be tried, as
to,
which it may be proper that the suit should proceed in the usual manner.

Proceedings by or against partnership firms.

xou-At~s;to. 14. I'roceedinas by.or on behalf of or against a partnership,
solely
be sued. ,., _': - v
or jointly, must be taken in the several na?nes of the partAers as
incliv>iduals,.
252 y see t7orl, . . .,
.Aro.2,fia5s,. acid not in the name of the firm or otherwise: Provided
always thwt
8. re.~
where some of the members of n partnership carrying on business within.
ORDINANCE. No. I3 OF, 1918.

Code of Civil Proced%ire:

the Colony are unknown, or are absent from the Colony, every such
partnership may be sued in the name of any one or more members thereof
within the jurisdiction, and every judwment obtained, or order made in any
such spit shall have the same effect and operation upon the persons and
property, both moveable and immoveable, of such partnership and of the
several members thereof, whether such property be joint or separate, as if
every member of such copartnership had been actually and in fact a

defendant in the action, and had been duly served with process, and every
such judgment or order may be enforced as in ordinary cases of the like
nature.

Guardian for purpose of suit.

ls, Where on default made by a defendant in entering an appearance
to the suit after due service of the writ of summons, it appears to the
Court that he is an infant, or a person of weal. or unsound mind (not so
found by inquisition), so that he is unable of himself to defend the suit,
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 suit, 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; such notice shall be left
~at,
the dwelling-house of the person with wAom or under whose care the
defendant was at the time of service of the writ of summons, and also, iia
the case of an infant not residing with or under the care of his father or
guardian, served on or left at the dwelling-house of such father or
guardian,
served on or left at the.dwelling-house of such father or guardian, unless
the Court thinks fit in any case to dispense with such last-mentioned
service.

CHAPTER II.
9

ARREST OF ABSCONDING DEFENDANT-INTERIM

ATTACHMENT-INJQNCTIONS''-DETENTION OF SHIPS.

Arrest of abscvndi?zg defendant.

16. If in any suit, not being a suit for land or other immoveable
property, the defendant is about to leave the jurisdiction of the Court,
or
has disposed of or removed from the j urisdiction of the Curt his
property,
ar~any part thereof, the plaintiff may, either at the institution of the
suit,

Power of
Court as to
infant .
defendants
and persona
of unsound
mind.

Notice and
mode,of

In suits for
moveable
property.
See e. 94.j
EYn: co: a.
x4.]
ORDINANCE No. 13 0i? 1873.

Code of Cavil Procedure.

or at any time thereafter until final judgment, make an application to,

the Court that security be taken for the appearance of the defendant to
answer any judgment that may be passed against him in the suit.

Appliektioa 2. If the Court, after making such investigation as it may
consider
for security. yaia.necessar shall be of opinion that there is probable
cause for believing
that the defendant is about to leave its jurisdiction, or that he has
disposed of or removed from the jurisdiction of the Court his property;
or any part thereof, and that in either case, by reason thereof, the
execution of any decree which may be made against him is likely to be
Warrant to obstructed or delayed, it shall be lawful for the Court to
issue a warrant
~i%ten~a t. to the sheriff ~ ' bailiff' ' as amended 'by Ordinance No. 22
of 1882
enjoining him to bring the defendant before the Court, that he may show
cause why he should not give good and sufficient bail for his appearance.

SE ~
Ei

Uilor
it . ~~ 0 ~t&noe.
. _ ~; a re 1

r

deposit is
Iieu-of bail.

jlb: s. 77.J

is
default

8. If the defendant fail to show such cause, the Court shall order
him to give bail for his appearance at any time when called upon while

T

`- ` u'he - suit is pending, and ,until execution or satisfaction of any
decree.

Fe `= that -may be passed against him in the suit; and the surety or
sureties

shall undertake, in default of such appearance, to pay any sum of money
that may be adjudged against the defendant in the suit, with costs.

4. Should a defendant offer, in lieu of bail for his appearance; to
deposit a sum of money, or other valuable property, sufficient to Answer
the claim against him, with the costs of the suit, the Court may accept

such deposit.

for, needless

19

.

5. In the event of the defendant neither furnishing security nor
°- offering a sufficient deposit, he may be committed to custody until the
v~ decision of the suit, or if judgment be given against the defendant,
until
the; execution of the decree, if the Court shall so order.

8. If it shall appear to the Court that the arrest of the defendant
was applied for on insufficient grounds, or if the suit of the plaintiff
is'
dismissed, or judgment is given against him by default or otherwise, anal
it shall appear to the Court that there was no probable ground for ,
instituting the suit, the Court may (on the application of the defendant)
award against the plaintiff such amount, not exceeding the sum 4 one
thousand dollars, as it may deem a reasonable compensation to '\the,
defendant for any injury o: loss which he may have sustained by reason
ORDINANCE No. 13 op 1873.

Code of Civil .Procedure.

of such arrest: Provided that the Court shall not award a larger 'Limit
thereof:
amount of compensation under this section than it is competent to such
Court to decree in an action for damages. An award of compensation
under this section. shall bar any suit for damages in respect of such
arrest.

. Interim attachment of his property.

17. If the defendant, with the intent to obstruct or delay the in
whetoasee.
execution of any decree that may be passed against, him, is about to l'
$' sl]
dispose of his property, or any part thereof, or to remove any such
property from the jurisdiction of the Court, the plaintiff may apply to
the Court, either at the time of the institution of the suit or at any
tithe
thereafter until final judgment, to - call upon the defendant to furnish
sufficient security to fulfil any decree that may be made against him in
the suit, and, on his failing to give such security, 'to direct that any
property, moveable or inimoveable, 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; and the plaintiff shall, at
the time ~ of making the application, declare that to the best of --his,=
information and belief the defendant- is 'about to dispose of of temovo

3. If the Court, after makinn 'tich investigation its it may consider
Dorm o
necessary, shall be satisfied that the defendant is about to dispose of
or w[ia snse.1
remove his property, with intent to obstruct or delay the execution of
the decree, it shall be lawful for the Court to issue a warrant to the
sheriff' f'bailif' as amended, by Ordinance No. 22 of 1882) commanding
him to call upon the defendant, within a time to be fixed by the Court,,
either to furnish security,in such sum as may be specified in the order,
to produce and place at the disposal of the Court when required the said -
property, or the value of the same, or such portion thereof as may be
sufficient to fulfil the decree, or to appear and show cause why he
should not furnish security. The Court may also in the warrant direct
the attachment until further order of the whole, or.any portion of the
property specified in the application. .

4. If the defendant fail to show -such cause orto furnish the required
security within the -tithe fixed-by the Court, the Court niay direct that
the `property -specfied,in 'the application, if not already -attached, or
such

his property -with such intent as aforesaid

Application
therefor.
lza. $. 92.1

Where de-
fendant failp
to show cause_
[Ib. a. 84.]
Rights of
third, parties
and claims
to property
attached.

.ORDINANCE 'No. 13 or187-3.

Code of Civil Procedure.

portion thereof as shall be sufficient to fulfil the decree, shall be
attached
until further order. If the defendant show such -cause or furnish the
required security, and the property specified in the application, or any
portion of it, shall have been attached, the Court shall order the attach-
went to be withdrawn.

How mane. 5. The attachment shall be made.according to the nature of the
property to be attached, in the manner hereinafter prescribed for the
attachment of property in execution of a decree for money.

6. The attachment shall not affect the rights of persons not parties
to the suit, and in the event of any claim being preferred to the property
attached before judgment, such claim shall be investigated in the manner
hereinafter prescribed for the investigation of claims to property
attached
in execution of a decree for money.

Removal of 7. In all cases of attachment before judgment, the Court shall
't
attachment,
rib. r . sr.] any time remove the same, on the defendant furnishing
security as above
inquired, together with security for the costs, of the attachment.

Compensation
for needless
attachment.
Ilb. s. 88.]

'To stay
waste, .
damage, or
alienation.
(Ib, s. 9Q.] -

If it shall appear to the Court that the attachment was applied
for on insufficient grounds, or if the suit of the plaintiff is
dismissed, or
judgment is given against him by default or otherwise, and it shall appear
to the Court that there was no probable ground for instituting the suit,
the Court, may (on the application of the defendant) award against the
plaintiff such amount, not exceeding the sum of one thousand dollars, as
it may deem a reasonable compensation to the defendant for the expense
or injury occasioned to him by the attachment of his property: Provided

Limit thereof. that the Court .shall not award a larger amount of
compensation under
.this section than it is competent to such Court to decree in an action,
for
damages. An, award of compensation under this section shall bar any
suit'for damages in respect of such attachment.

Injunctions.

1$. In any suit in which it shall be shown to the satisfaction of the
Court. that any property which is in dispute in the suit is in danger
of-bein
wasted, damaged, or alienated by any party to the suit, it shall be lawful
for the Court to issue an injunction to such party, commanding him to

fi
refrain from doing the particular act complained of, or to give such other
order for the pampose of staying and preventing him from wasting,
damaging; or alienating the property, as to the Court may seem.meet, and
ORDINANCE -No. -19-oirl1873.

Code of. Civil Procedure.

in ;all cases in which it may appear to the Court to be necessary for the
preservation, or the better, management or custody of any property which
'is in dispute in a suit, it shall be lawful for the Court to appoint a
receiver Appointment
of receiver or
or manager of such property, and, if need be, to remove the person in
manager.
whose possession or custody the property may be from the possession or
custody thereof, and to commit the same to the custody of such receiver
~or manager, and to grant to such receiver or manager all such powers for
-the management'or the preservation and improvement of the property,
and the collection of the rents and profits thereof, and the application
and
disposal of such rents and profits, as to the Court may seem proper.

2. In any suit for restraining the defendant from the committal of
any breach of contract or other injury, and whether the same be accom-,
panied by any claim for damages or not, it shall be lawful for the
plaintiff,
.at any time after the commencement of the suit, and whether before or
after judgment, to apply to the Court for an injunction to restrain the
defendant from the repetition, or the continuance 8f the breach of
contract
,or wrongful act complained of, or the committal 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; and such 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 to the Court shall seem reasonable and
just, and in case of disobedience, such injunction may be enforced by im.
prisonment in the same manner as a decree for specific performance
Provided always that any order for an injunction may be discharged.or
varied, or set aside by the Court, on application made thereto by any
party dissatisfied with such order.

3. The Court may in every case before granting an injunction direct
Notice of
such reasonable notice of the application for the same to be given to the
[1b18 ss j'
.opposite party.,as it shall see fit. ,

4. If it shall appear to the Court that the injunction was applied for
on insufficient grounds, or if the claim of the plaintiff is dismissed, or
. judgment is given against him by default or otherwise, and it shall
appear
to the Court that there was no probable ground for instituting the suit,
the Court may (on the application of the defendant) award against the
plaintiff such sum, not exceeding one thousand dollars, as it may deem a
:reasonable compensation to the defendant for the expense or injury occa-

To restrain
breach of
contract or
repetition or
continuance
of breach.
alb. R. 9a.]

Compensa-
tion for
needless
issue of
injunction.
[Ib. s. 98.]
ration for
needless issue
-thereof.

In what cases.
[ C J. It.
179.

Application

Code of Civil Procedure,

Limit thereof. sioned to him by the issue of the injunction: Provided that
the Court -
shall not award a larger amount of compensation under this section than,`
it is competent to such Court to decree in an action for damages. Are -,
award of compensation under this section shall bar any suit for damages-

in respect of the issue of the injunction.

ORDINANCE No. 13 cr, 1873.

Detention of ships.

19. Where the extreme urgency or other peculiar circumstances of--
the case appear to the Court so to require, it shall be lawful for the
Court
on the application of any plaintiff 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 sheriff (' baili '' as amen (led by Ordinance No. 22 of-
1882] of any ship about to leave the Colony (other than a ship enjoying
immunity from civil process) and such clearance shall be stopped, or the-
ship arrested and deta gd accordingly : Provided always that no such
warrant shall be issueat the instance of any plaintiff unless the appli-
cation. for the issue thereof shall be supported by an affidavit of the
facts.

2. I£ it shall appear to the Court that the warrant was .applied for=
on insufficient grounds, or if the suit of the plaintiff is dismissed, or`
judgment is given against him by default or otherwise, and it shall
appear-:
to the Court that there was no probable ground for instituting the suit,
the Court may award against the plaintiff such amount, not exceeding
the sum of one thousand dollars, as it may deem a reasonable compen-
ration for the expense or injury occasioned by the issue. of the warrant
and such compensation shall be paid to such parties as the Court shall

Limit thereof. direct: Provided that the Court shall not award a larger
amount of cotri-
pensation under this section than it is competent to such Court to decree-
iio.-an action for damages. An award of compensation under this section:
shall bar any suit for damages in respect of such detention. of a ship.

3. The Court may at any time release a ship detained under this--
section upon such' terms as it shall deem reasonable.
ORDINANCE No. 13 of 187.3.

Code of Civil Procedure.

CHAPTER IIL
RELIEF FROM ADVERSE CLAIMS-DEATH, MARRIAGE, OR
BANKRUPTCY OF PARTIES.

Relief from adverse claims.

20. Upon application made on behalf of any defendant, and supported I ~
pll~ er-
-by affidavit shoWing that such defendant does not claim any interest in
;sso, s. za.]
the subject matter of the suit, but that the right thereto is claimed, or
supposed to belong to some other party who has sued or is expected to
sue for the same, and that such defendant does not in any manner collude
with such other party, but is ready to bring into Court, or to pay or
dispose of the subject matter of the suit in such manner as the Court or
.any Judge thereof may direct, it shall be lawful for the Court in all
suits
-pr proceedings whatsoever and although the titles of the claimants have
not a common origin but are adverse to and independent of one another,
to make rules and orders calling upon such other party to appear and to
=state the nature and particulars of his claim and maintain or relinquish

the same, and if he maintains it, to make himself defendant in. the same
suit; or with the consent of the plaintiff and such other party, may
dispose
oof the question between them in a summary manner: The sheri,

P bailiff '' as amended by Ordkaance Mo. 22 of .T 882 may obtain relief
uzider this section if the adverse claimants have given him notice of
their
claims though none of them may have commenced proceedings.
k

Deatla of parties.

21. The death of a plaintiff or defendant shall not cause the suit to
. abate if the cause of action survive.

2. If there be two or more plaintiffs or defendants, and one of them
.die, and if the- cause of action -survive to the surviving plaintiff or
plaintiffs alone, or against the surviving defendant' or defendants alone,
the suit shall proceed at the instance of the surviving plaintiff or
;.plaintiffs, and against the surviving defendant. or defendants. v

S. If there be two or more plaintiffs, and one of them die, and if the
...cause of action shall not survive to the surviving plaintiff or
plaintiffs
'_alone, but shall survive to them and the legal representative of the
9
adeceasedrplaintiff jointly, the Court may, on the application of the
legal

When suit
not abated:
Lbz: Co:

When eau'se.
of action.
survives.
[za: g. roo.] .

When c.2use
of action
accrues to
survivors, kc.
[Ib..x. TOT.]'
Death of sole
or surviving
plaintiff.
[Zb. s. 102.]

nispute asto legal re.
resentative.
~IL. s. 103.]

Death of one

4 several

defendants or

of a Bole or
suiviviag
defendant. .
(Zb. s. 104.1

ORDINANCE No. 13 0ir 1873.

Code of Civil Procedure.

representative of the deceased plaintiff, enter the name of such represen-
tative in the register of the suit in the place of such deceased
plaintiff,
and the suit shall proceed at the instance of the surviving plaintiff or
plaintiffs, and such legal representative of the deceased plaintiff: 1f no
application shall be made to the Court by any person claiming to be the
legal representative of the deceased plaintiff, the suit shall proceed at
the
instance of the surviving plaintiff or plaintiffs; and the legal
representa-
tive of the deceased plaintiff shall be interested in and shall. be bound
by
the judgment given in the suit in the same manner as if the suit had
proceeded at his instance conjointly with the surviving plaintiff or
plaintiffs.

4. In case of the death of a sole plaintiff or sole surviving plaintiff;
the Court may, on the application of the legal representative of such
plaintiff, enter the name of such representative in the place of such
plaintiff in the register of the suit, and the suit shall thereupon
proceed ;
if no such application shall be made to the Court within what it may
consider a reasonable time by any person claiming to be the legal repre-
seiatative of the deceased sole plaintiff or sole surviving plaintiff, it
shall
be competent to the Court to make an order that the suit shall abate, and
to award to the defendant the reasonable costs which he may have incurred
in defending the suit, to be recovered from the estate of the deceased
sole
plaintiff or surviving plaintiff; 'or the Court may, if it think proper;
oh
the application of the defendant, and upon such terms as to costs as may
seem fit, make such other order for bringing in the legal representative
of the deceased sole plaintiff or surviving plaintiff, and for proceeding

with the suit in order to a final determination of the matters in dispute,
as may appear just and proper in the circumstances of the case.

5. If any dispute arise as to who is the legal representative of v
deceased plaintiff, it shall be competent to the Court either to stay the
suit 'until the fact has been duly determined in another suit, or to
decide
at or before the hearing of the suit who shall be admitted to be such
legal representative for the purpose of prosecuting the suit.

6. If there be two or- more defendants, and one of them die, and the
cause of action shall not survive against the surviving defendant or
defendants alone, and also in case of the death of a sole defendant, or
sole
surviving defendant, where the action survives, the plaintiff may make an
application to the Court,, specifying the name, description, and place of
777.

URDIN ANCF, No.. .13 ,o '18.73.

'ode, of .Civil Procedure.

abode of any person whom the plaintiff alleges to be the legal represent-
ative of such defendant, and whom he desires to be made the defendant
in his stead; and the Court shall thereupon enter the name of such
representative in the register of the suit in the place of such
,defendant,
and shall issue an order to him to appear on a day to be therein mentioned
to defend the suit; and the case shall thereupon proceed in the same
manner as if such representative had originally been made a defendant
and had been a party to the former proceedings in the suit.

Marriage of parties.

22. The marriage of a female plaintiff, or defendant, shall not cause
when not to
the suit to abate, but the suit may notwithstanding be proceeded with to
(1 a' 8.165. a't`
judgment, and the decree thereupon may he executed upon the wife alone;
and if the case is one in which the husband is by law liable for the debts
of his wife, the decree may, by leave of the Court, be executed against
the
husband also; and in case of judgrneat for the wife, execution of the
decree
may, by leave of the Court, be issued upon the application of the husband,
where the husband is by law entitled to the money or thing which may .
be the subject of the decree.

Bankruptcy of partied.

23, The bankruptcy of the plaintiff in any suit which the assignee
might maintain for the benefit o£ the creditors, shall not be a valid
objection to the continuance of such suit, unless the assignee shall
decline
to continue the suit and to give security for the costs thereof within
such
reasonable time as the Court may order; if the assignee neglect or refuse
to continue the suit arid to give such security within the time limited by
the order, the defendant may, within eight days after such neglect or
refusal, plead the bankruptcy of the plaintiff as a reason for abating the
quit.

CHAPTER IV.
THE PETITION.

Form and contends.

whan not,to
abate the exit.
[Ib. 105.]

24, After the appearance of the defendant to the suit, or in case of To
oorrekroua
4on-appearance, then by leave o£ the Court, the plaintiff may file in the
b `mm n~ of
Supreme Court a petition which shall contain the names, description
ao be ix

narrative
foam and
divided into

faragraphs.

ORDINANCE No. 13 0p 1873.

Code of Civil Procedure.

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.

2. The petition shall then set out by way of narrative the materi~
facts, matters and circumstances on which the plaintiff relies, such
narrative,
being divided into paragraphs numbered consecutively, and each paragraph
containing, as nearly as may be, a separate and distinct statement or

allegation. The petition shall pray specifically for the relief to which
the

plaintiff may conceive himself entitled, and, also for general relief.

Nature of 3. The petition must be as brief as may be consistent with a
clear

claimatement of the facts on which the prayer is sought to be supported,
ond
t

Documents
how- to be see
.tint. - , -

with information to the defendant of the nature of the claim set up.

4. Documents must not be unnecessarily set out in the petition in Iacrc
verba, but so much only of there as is pertinent and material may be set
out, or the effect and substance of so .much only of them as is pertinent
and material may be given, without needless prolixity.

Dates and 5. Dates and sums shall be expressed in figures and not in words.
sums.
Not tocontain 6. The petition may not contain any statement of the mere
evidence
evidence or
argument.by which the facts alleged are intended to be proved, and may
not contain

[lb.]

''Mat erial

'faeta-to.be .
brieA 'And
ezea~y set-
out.. -

any arnument of law.

7. The facts material to the establishment of the plaintiff's right to
recover shall be alleged positively, briefly, and as clearly as may be,
so as
to enable the defendant by his answer either to admit or deny any one or
more of the material allegations, or else to admit the truth of any or.
all
of the allegations, but to set forth some other substantive matter in his
answer, by reason of which he intends to contend that the right, of the,
plaintiff to recover, or to any relief capable of being granted on the
petition,
has not yet accrued, or is released or barred, or otherwise gone.

Counsel's 8. Subject to any General rule or order relating thereto, the
petition
signature. must be signed by the plaintiff or his counsel in all cases,
unless the

plaintiff obtain the leave of the Court to dispense with such signature.

Of petition:

9. The Court may, where the circumstances of the case appear to

require it, order the plaintiff to verify his petition, or any part
thereof, on'
oath or b5 affidavit.
ORDINANCE No. M or 1873.

Code of. Civil .Procedure.

Particulars of denuznd.

25. Where the plaintiff's claim is for money payable in respect of
any contract, express or implied, or to recover the possession or the
value
of any goods wrongfully taken and detained, or wrongfully detained by
the defendant from the plaintiff, it shall be sufficient for the
plaintiff to

state his claim in the petition in a general form, and to annex to the

petition a schedule stating. the particulars of his demand in any form
which shall give the defendant reasonably sufficient information as to the
details of the claim.

2. An application for further or better particulars may be made by
tie defendant before answer, on summons.

3. The plaintiff shall not at the hearing obtain a judgment for any
sum exceeding that stated in the particulars, except for subsequent
interest and the costs of suit, notwithstandiug that the sum claimed in
the petition for debt or damages exceeds the sum stated in the
particulars.

4. Particulars of demand shall not be amended except by leave of
the Court; and the Court may,. on any application for leave to amend,
grant the, same on its appearing that the defendant will not be prejudiced
by the amendment. Otherwise the Court may, refuse leave, or grant the
same on such terms as to notice, postponement of trial, or costs; as
justice',

5. Any variance between the items contained in the particulars and
the items proved at the hearing may be amended at the hearing either at
once or on such terms as tot notice, adjournment, or costs, as justice
requires.

°6. Where particulars are amended by leave of the Court, or where
further or better particulars are ordered to be given, the order shall
state
the time within which the amendment is to be made, or the further or

.

better particulars are to be given; and the order for the amended or
further or better particulars shall state the time which the defendant is
to have to put in his answer.

Papers annexed.

Schedule of
particulars.
[1b. 'Os. ],

Application
for further
articulate.
~: b.l

Effect thereof,:

[Ib.'J

Amendment
thereof before -
trial.

Amendment
thereof at
trial.

Limit of . .
time for
amending
(Ib.]

. 26. Where the plaintiff seeks (in addition to or without any order In
what cases_
far the .payment of money by the defendant) to obtain, ~as against any
[Ib~ Qa.l
person; any general or special declaration by the Court o£ his rights
Copies.

Offer to avow

inspection!-

Xay be grant-
ed thouglx.not-
epeoifioa'ily-.
asked.
[Ib. 33. J

-must state
`character in
which they

Joint pause
of suit.
CZb.35.J .

Joint and

several
demand.
[Ib. 3G.J

Persons not
before the
court-may
be made . -
Farties.,
MI_ - Z b. 37.]

ORDINANCE No., 13 0r 1873:

Code n f Civil Procedure:

under any contract or instrument, or to set aside any contract, or to
have any bond, bill, note, . or instrument in writing delivered up to be
cancelled, or to restrain any defendant by injunction, or to have any
account taken between himself and any other or others, and in such other
cases as the nature of the circumstances makes it necessary or expedient;
the plaintiff in his petition may refer to and briefly describe any papers
or documents on the contents of which he intends to rely, and may
annex copies of such papers or documents to the petition, where such
papers or documents are brief, or may state any reason for not annexing
copies of such papers or documents, or any of them respectively ( as,
their
length, possession of copies by the defendant, loss, inability to procure
copies,) that he may have to allege. The plaintiff shall, in his petition,
offer' to allow the defendant to inspect such papers and documents as
aforesaid, or such of them as are in his possession or power.

Equitable relief and defence:

27. Every petition is to be taken to imply an offer to do equity in
the matter of the suit and to admit of any equitable defence, and, on the
other hand; to enable the plaintiff to obtain at the hearing any such
equitable relief as he may appear entitled to from~the facts stated and
proved, though not specifically asked, if it may be granted without
hardship to the defendant.

Parties.

28. Persons entitled to sue and suing on behalf of others, as
guardians, executors, or administrators, or on behalf of themselves and
others as creditors in a suit for administration, must state the
characters
in which they sue.
2: All persons having a joint cause 'of suit against any defendant
ought ordinarily to be parties to the suit.
3. Where the plaintiff has a joint and several demand against
several persons, either as principal or as sureties, it shall not be
necessary
for him to bring before the Court as parties to a suit concerning such
demand all the persons liable thereto, but he may proceed against one orv
more of the persons severally liable.
4. If it appear to the Court, at or before the hearing of a suit, that
all the persons who may be entitled to, or who claim some share or
interest in the subject matter of the suit; and who may be likely-to be
affected by the result, have not been made parties to the suit, the Court'
ORDINANCE No., 13 or 1878:

Code of Civil Procedure.

may adjourn the hearing of the suit to a; future day to be fixed by the
Court, and direct that such persons shall be made either plaintiffs or
defendants in the suit, as the case may be. In such case, the Court
shall issue 'a notice to such persons in the manner provided in this Code
notice to
for the service of a writ of summons on a defendant, and on proof of due
such persons.
service of such notice, the person so served whether he shall have
appeared or not, shall be bound by all proceedings in the cause.

5. In case a petition states two or more distinct causes of suit, by
mstinet
causes of
and against the same parties, and in the same rights, the Court rnay,
suit in one
etition.
either before or at the hearing, if it appears inexpedient to try the
fib. 39.1
,
different causes of suit together, order that different records be made
up,
and make such order as to adjournment and costs as justice requires.

6. In case a petition states two or more distinct causes of suit, but
wsjoinaer
of suits.
not by and against the same parties or by and against the same parties,
[iL.i
but not in the same rights, the petition may, on the application of any
defendant, be amended or dismissed.

Service of petition.

29. As soon as practicable after the filing of the petition, the
plaintiff shall cause a copy thereof under the seal of the Court to be
served upon every defendant to the suit -and such copy shall contain a
memorandum endorsed thereon requiring, the defendant to file an answer
to the petition within ten days from the day of such service, or in cases
of service out of the jurisdiction, within `such time as the Court shall
have ordered : Provided always that no such service of the petition shall
be required to be made upon 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 suit ex parte.

2. Where service of the writ of summons is directed to be made where
service made
out of the jurisdiction, the Court may order that the petition be filed
out of
forthwith, and that a copy thereof under the seal of the Court be served
jurisdiction,
upon the defendant concurrently with the writ.

Staying proceedings for defect in petition.

30. Where a petition is defective on the face of it by reason of
non-compliance with any provision of the Code, the Court may, either
on application by a defendant, or of its own motion, make an order to
;stay proceedings until the defect is remedied.

Where'
defendant
has appeared;

Where
defendant
has not
appeared.

On applica.
Lion of'
defendant.
(Ib. s. 40.E
ORDINA\-CIJ No. 13 of 1873.

Cock of Civil Procedure.

Where defect
is patent.

2. The Court may, of its own motion, make an order to stay proceed-
ings on a defective petition, where the defect is patent, and comes, tto,
the knowledge of the Court before service of the petition on the
defendant.

Dismissal of petition on ground of laic.

Demurrer. 31. Where a defendant conceives that. he has a food,lebal or
equitable'
[ra.4s.] defence to the petition, so that even if the allegations of fact
in the
petition were admitted or clearly established, yet the plaintiff would not
be entitled to any decree against him (the defendant), he may raise this
defence by a motion that the petition be dismissed without any answer
being required from him. .

Arrcendment of petition.

[IL. 30.]

32, An y plaintiff not giving sufficient information to enable the
defendant reasonably to understand tile nature and particulars of the
claim set up against him, may be ordered, on the application of the
defendant before answer, to amend his petition. _

Documents

2. The plaintiff may be ordered to annex copies of, or produce for
referred to. '
inspection, such payers or documents in his possession or power as be-
has referred to in the petition, and as the defendant is entitled to
inspect
for the purposes of the suit.
costs.'*`f ` 3. The Court may, in such cases, make such order as to costs
as-
justice ` justice requires, and stay 'proceedings' until the order is
complied with.
r.ueruus or 4. If any petition contains libellous or needlessly offensive
expres-
~u expressions. sions, the Court may, either of its own n3otion before
service thereof, or
~rL. 3z.~ on the application of the defendant, order the petition to be
amended,
and make such order as to costs 'as justice requires.
Amendment 5. A petition may be amended at any time before answer by leave
before answer.
yb: ~z.~. , of the Court obtained ex pane.

Notice 6. .Notice of t~e amendment shall be .,liven to the defendant within
thereof.

ya.] : - such time and in such manner as the Court directs.
ORDINANCE No. 13 OF 1873. 1~?2I

Code of Civil Procedure.

CHAPTER

THE ANSWER.-REPLICATION--INTERROGATORIES''-'
SETTLEMENT OF ISSUES.

Form and contents.

33. Unless an answer shall be dispensed with by leave of the Court, Time
Nvithin
which to be
-or by consent of parties, or in certain cases by any general rule or
order tiled.
of Court, the defendant must file in the Court an answer to the petition
ha. 44'1
within ten days from the date of the service thereof, or in cases of
service
out of the jurisdiction within such time as tile Court shall have ordered:
Provided always that he lnay obtain further time to answer, on summons,
statin; the further time required and the reasons why it is required.

2. The application when made, unless consented to, must be support-
Application
for further
ed by affidavit, or if the Court in its discretion Shall permit, by oral
time.
.evidence on oath, sliewin~ that there is reasonable ground for the
applica- ljvl
tion and that it is not made for the purpose of delay.

3. Where a defendant does riot put in any answer,. (or such answer Effect
pt

<Lefexulank not
as dispensed with in manner aforesaid, he shall not be taken as
adnllttlng (ln$eering. o
the allegatiops of the petition, or the plaintiff's right to the relief,
sought; ~T~' 'r`l
.and at the hearing (even though such defendant does not appear)-the,
I)laintiff must open his case, and adduce evidence in sA por t of it, and
take
such judgment as to the Court appears just.
4. A defendant neglecting to lout in an answer within the time Or Leave t
a..
'further time allowed, shall not be at liberty to put in an answer
without t mee all wed:
leave of the Court, or consent of parties. (IZ. 46.1 . 5. The Court may
grant such leave by order on therex2)arte applica- whehpaliteut
ex pane.
tion of the defendant at any time before the plaintiff has set down the
rib.]
-cause, or applied to have it set d`olvn fox hearing.

6. Where the cause has been set down, or, the plaintiff' has applied when
summoms
to have it set down for hearing, the Court shall not ;rant such leave
required.
except on return of a summons to the plaintiff giving-notice of
defendant's [Iv' ] .
. application, and on such terms as to costs and other matters as seem
just.

7. The answer shall show the nature of the defendant's defence to What the

answer shoals L
she claim set up by the petition, but may not set forth the evidence by
set forth.
-which such defence is intended to be supported.
ORDINANCE loo. 18 or 1813.

Code of Civil Procedure.

Should be 8. It should be clear and precise, and not introduce matters
irrelevant
precise and
relevant. to the suit, and the rules before laid dorm respecting the
setting out of-
[ 1b.] ` the documents and the contents of the petition generally shall be
observed
in the answer, mutatis mutandis.
Denial of 9. It must deny all such material allegations in the petition as
the
allegations. defendant intends to deny at the hearing.
Denial of 10. Where the answer denies an allegation of fact, it must deny
fact must
answrei point directly, as (for example) where it is alleged that the
defendant has received
of substance.
[za.) a sum of money, the answer must deny that he has received that sum,
or
any part thereof, or else set forth what part he has received. And so,
where a matter of fact is alleged in the petition, with certain circum-
stances, the answer must not deny it literally as it is alleged, but must
answer the point of substance positively and certainly.

Admissions- 11. The answer must specifically admit such material
allegations in
~~reof the petition as the defendant knows to be true, or desires to be
taken as
as to coats.
[za.] admitted. Sut;h admission, if plain and specific, will prevent the
plaintif

-

feomlobtaining the cost of proving at the hearing any matters of fact so
admitted.
moot of facts 12. All material allegations of fact admitted by a defendant
shall be
nota~rinittea: taken as established against him without proof thereof by
the plaintiff at

the hearing. But the plaintiff' shall be bound to prove as against each
defendant all allegations of fact not admitted by him, or not stated by
him
to be true to his belief.
~ueatlQUof 13. The answer must allele any matter of fact not stated in the
new -a,CU,zn

~t tion on which the defendant relies in defence, as establishing, for

04

instance, fraud on the part of the plaintiff, or showing that the
plaintiff's
right to recover,, or to any relief capable of being granted on the
petition,
his not yet accrued, or is released, or barred, or otherwise gone.

Evidence in 14. The answer of a defendant shall not debar him at the
hearing
allegation, or denial of from disproving any allegation of the petition
not admitted bY his answer,

a a in support of
defence not or from giving `evidence in support of a defence not expressly
set up by
get °p `n
pleadings. the answer, execpt where the defence is such as, in the opinion
'of the
lxa. gs. Court, ought to have been expressly setup by the answer, or is
incon-
sistent with the statements of the answer, or is, in the opinion of the
Court,
likely to take the plaintiff by surprise, and to raise a fresh issue or
fresh
issues of fact or la~v not fairly arising out of the pleadings as they
stand r
and such as the plaintiff ought not to be then called upon to try.
ORDINANCE NQ. Mop -18-73:

cede of Civil Procedure.

15. Subject to any general rule or order relating thereto, the answer
signature of
counsel.
must be signed by tile defendant or his counsel, unless the defendant
obtain the leave of the Court to dispense with such signature.

16. The Court may, where the circumstances of tli~ case appear to
verification
require it, order the defendant to verify his answer, or any part
thereof, °f ewer.
on oath or by affidavit.

Tender.

34. A defence alle,incr tender by-the defendant must be accompa- Payment
into>
Pied by payment into Court of the amount alleged to have been
tendered, br5Q,1

Payment into Court.

36. Payment into Court by the defendant must be accompanied, by
an answer. The answer mast state distinctly that the money pail in is
paid in satisfaction of the plaintiff's claim (renerally, or (as the case
may
be),. in satisfaction of some specific part of the plaintiff's claim,
where the
claim is stated in the petition for,distinct sums or in respect of,
distinct
matters.

- ,: ;,

2: Payment into Court, whether-mace iriisatisffi.tiorl of i;lie°plah
%tif's==

claim generally, or in satisfaction- of sonic specifio, part thereof;
operates A
as an admission of liability .to the extent of the, amount paid in and. no
more, and for no other purpose.

into Court, the plaintiff shall be

al, liberty to accept the same in full satisfaction and discharge of the
cause
of,suit in respect of which it is paid in ; and in that case,
tbe.plaintiff may
forthwith apply by summons for payment of the money out of the Court
to him; and on the bearing of the summons, the Court shall make such
order as to stay of further proceedings in. the suit, in whole or in part,
and. as, to costs and other matters, as seem just.

4. If the plaintiff: does not so apply, he shall be considered- as'
Non-accept-

ance thereof.
insisting that he has sustained damages to a greater amount, or (as the
~z~.l
case may be) that the defendant was and is indebted to him, in a greater.
amount; than the sum paid in ; and in that case the Court, in determining
the suit and disposing of costs at the hea-ring,, shall- haA~e regard to
the
fact of the payment into Court having been made and not. accepted:

3. Where the defendant pays money

Answer must
be filed with..
[Ib. u4.]

How fF

.

admission
of claim.

[J a.]

Acceptance
thereof by
plaintiff.
1224

Particulars.
'[See PORL' R.
.U9. pard. 8. ]

53.E .

Payment into
Court.

'Costs. .

action.

Leave to file
orosapetition
in same suit.

r Tb. 55.]

scarily.

ORDINANCE No. 13 of 1873.

Code of Civil Procedure:

Set-of.

36. 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; and if pleaded as a sole defence, unless extending to, the whole
amount of the plaintiff's claim, must also be accompanied by payment
into Court of the amount to which, on the defendant's showing, the
plaintiff is entitled; and in default of such payment, the defendant shall
be liable to bear the costs of the suit, even if he succeeds in his
defence
to the extent of the set-off pleaded.

2. Where a defendant in his answer 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 hearing, on his application, give him
liberty to withdraw such defence and to file a cross-petition, and may
make such order for the hearing of the suit and cross-suit, together or
otherwise, on such terms as to costs and other matters as seem just.

Counter-claim.

37. Where a defendant in his answer raises any specific defence,
and it appears to the Court that on such defence being established he may.
be entitled to relief against the plaintiff in respect of the subject
matter of
the suit, the Court may, on the application of the defendant either before
or at the hearing, if under the circumstances of any case it thinks fit,
give
liberty to him to file a counter-claim by a cross-petition in the same
suit,
asking for relief against the plaintiff, and may make such order for the
hearing of the suit and counter-claim, together or otherwise, and in such
manner and on such terms as to costs and other matters as seem just,
gild may, if in any case it seems fit, require the' plaintiff to give
security
to the satisfaction of the Court (by depositor otherwise) to abide by and
perform the decision of the Court on the counter-claim.

Specific answer.

summons to $$. Where the defendant does not answer, (an answer not being
compel.
,lzv.4a.) dispensed with in manner aforesaid), or puts in an answer
amounting
only -to a general denial of the plaintiff's claim, the plaintiff may
apply
by. summons for an order to compel him to answer specifically to the
several material allegations in the petition; and the Court, if such
allega-
tions are briefly, positively, separately, and distinctly made, and it
thinks
that justice so requires, may grant such an order.
.onDINANCE rio: n OF,y ua; 3.

Code of Civil 3'rocedure.

2. The defendant shall, within the time limited by such order, put
in his answer accoialingly, and shall therein answer the several material
allegations in the petition either Admitting or denying the truth of such
allegations seriatim, as the truth or falsehood of each is within his
knowledge, or (as the case may be) stating as to any one or more of the
allegations that, he does not know whether such allegation or allegations
is or are true or otherwise.

3. The defendant so answering may also set up by such answer any ruche,.
defence to the. suit, and may, explain away the effect of guy admission
d[efence
therein made by any other allegation of facts.

Nature of
such answer.

Replication.

39. No replication or other pleading after answer shall be allowed,
except by special leave of the Court.

2. Where the plaintiff considers the contents of the answer to be
such as to render an amendment of the petition necessary or desirable, he
may obtain ex parte au order to amend the petition, on satisfying the
Court that the amendment is not intended for the purpose of delay or
vexation, but because it' is considered to be material for the plaintiff's

case.

By leave of
the Court.
[Ib. 58.]

Amendment
of petition
after answer.
[IL. 5y.]

3. Notice of the amendment shall be given to the defendant within Notice

thereof.
such time and in such manner as the Court in each case directs. [zb.] .

Settlement of issues.

40. At any time before or at the hearing, the Court may, if it thinks
fit, on the application of any party, or of its own motion, proceed to
ascertain and determine what are the material questions in controversy
between the parties, although the same are not distinctly or properly
raised by the pleadings, and may reduce such questions into writing .and
settle them in,the form of issues;. which issues, when settled, may state
questions of law on admitted facts, or questions of disputed fact, or
ques-
dons partly of the one kind and partly of the other.

At, or before
hearing.
[Ib. 58. In:
Co.- 88. 139,
x¢i.]

2. In settling issues, the Court may order or allow the striking out
Amendment
of pleadings
or amendment of any pleading or part of a pleaElina, so that the
pleadings in framing
issues.
bray finally corrcapond with the issues settled, and may order or allow
tie striking out or amendme nt of any pleading, or-part of a pleading;
that appears to be so framed as to prejudice, embarrass,- or delay tire
trial
of the cause.
How applica-

tion: toe
made.
~ C. y .T. :Tb.
,R.1

Amended or
additional
issues.
[In: Co: s.
141.!

Power.ao de-
liuer written
interxpga~o.
rice' to
opposite
artp.
~C. L. P. Act
.ts5¢, sa. 51,
53.E

Affidavits by
party propos-
ing to inter-
rogate and his
attorney.

OrDINAlfCE. No. Mof 1=87.

Code of Civil Procedure.

3. Where the application to the Court to settle issues is made at
any stage of the proceedings at which all parties are actually present
before the Court either in person or by counsel or attorney, or at the
hearing, the application may be made viva voce, and may be disposed of
at once, otherwise the application must be made and disposed of on
summons. It shall be in the discretion of the Court to direct which
issues shall be first disposed of.

4.. At any time before the decision of the case, the Court may
amend the issues or frame additional issues on such terms as to it shall
seem fit, and all such amendments as may be necessary for the purpose
of determining the real question or controversy between the parties shall
be so made.

Interrogatories-Discovery-Ung.v.illing witness.

41. In all suits, the plaintiff and the defendant, or either of them,
may., by order of the Court, deliver to the opposite party or his
attorney,
(provided such party, if not a body corporate, would be liable 'to be
called and examined as a. witness upon such matter,) interrogatories in
writing upon any matter as to which discovery may be sought, and
.require such party, or in the case of a body corporate, any of the
officers
of such body corporate, within ten days to answer the questions in
writing by affidavit, to be sworn and filed in the ordinary way; and any
party or officer omitting, without just cause, sufficiently to answer all
questions as to which a discovery may be ,sought within the above time,
or such extended time as the Court shall allow, shall be deemed to have
committed a contempt of the Court, and shall be liable to .be proceeded
against accordingly.

2. ,The application for such order shall be made upon an affidavit
of the- party proposing to interrogate, rend his attorney or anent, or in
the case of . a body corporate, of their attorney or agent, stating that

the deponent believes that the party 'proposing to interrogate, whether
plaintiff or defendant, will derive material benefit in the cause from the
discovery which he seeks, that there is a ,good. cause of action or
defence
upon the merits, and, if the application be made on the .part of .the
defendant, that the discovery is not. sought for the purpose of delay,.
Provided that where it shall happen, from unavoidable circumstances;
that the plaintiff or defendant cannot join in such affidavit, the Court
0DINAN -1873
RI 'CE No. .13 or
Z?

Code of Civil Procedure. '

may, if it think fit, upon affidavit of such circumstances by which the
party is prevented from so joining therein, allow and order that the
interronatories may be delivered without such affidavit.

3. In case of omission, without just cause, to answer sufficiently
orlexam1ua-
such written interrogatories, it shall be lawful for the Court, at its
dis- tdes of
cretion, to direct an oral examination of the interroi;ated party, as to
such be allowed.
point as they, or lie may direct, before the Court or Registrar; and the
Court may, by such. order, or any ,subsequent' order, command the
attendance of such party before the person appointed to take such exami-
nation, for the purpose of being orally examined as aforesaid, or the
,production of any writings or other documents to be mentioned in such
order, and may impose therein such terms as to such examination, and
the costs of the application, and of the proceedings thereon, and other-
wise,' as to such Court shall seem just.

4. The Court may, on the application of the party interrogated, rxeertions.
to interroga-
strike out or permit to be amended any interrogatory which, in the
opinion torie9.
of the Court, nay be exceptionable.

S. Any party to a suit, on other civil proceeding, requiring the natw~
Fo
.affidavit of a person who refuses to make an affidavit, way.apply,~by,
sum- rea to
..
mons for an order to such person to appear and be examined -upon oath
aiadaait..
before the Court or Registrar, to whom it may be most convenient to
[xa. B. 4s.l

refer such examination, as to the matters concerning wluch he has refused
to make an affidavit; and the Court may, if it think fit, make such order
for the attendance of such person before the person therein appointed to
take such examination, for the purpose of being examined as aforesaid,
and for the production of any writings or documents to .be mentioned in
such, order, and may thereupon impose such terms as to such examination,
and the costs of the application and proceedings therein, as it shall
think

.Just.

6. Upon. the application of either party to any suit or other
civil Ditccovery or
documents.
proceeding upon an affidavit of such party of his belief that any docu-
iza. ~. so.l
ment, to the production of which he is entitled for the purpose of
discovery

.,or otherwise, is in the possession or power of the opposite party, it
shall,
be lawful for the Court to order that the party against whom such appli-
cation is made, or if such party is a body corporate, tot some officer to
be named of such body corporate, shall answer on affidavit, stating what
ORDINANCE No..13 of 187,

Code of Civil Procedure.

documents he or they has or have in his or their possession or power

relating to the matters in dispute, or what he knows as to' the custody
they or any of them are in, and whether he or they objects or object (and
if so on what grounds,) to the production of such as are in his or their
possession or power; and upon such affidavit being made, the Court may
Make such further order thereon as shall be,just.

Evidence at 7. All such interronatories, answers, depositions and`
affidavits as.
the hearing. aforesaid, shall be filed in Court in the suit or other civil
proceeding, and
the evidence so taken may be used at the hearing thereof, saving just
exceptions.

1V'heu to be
mtule.

or, proceedinb.

How to be

whether in,
Court or

CHAPTER VI.

INTERLOCUTORY PROCEEDINGS.

1Vlotion and summons.

42. Interlocutory applications may be made at any stage of a,suit

2. They shall be made either by motion in Court or by summons in
Chambers, and shall be headed in the suit or other proceeding.

3. Subject to any general orders, the Court shall, in each case decide
whether the application is a proper one to he made by motion in Court;..
or by summons in Chambers, and may, at or before the hearing, if it shall
think fit, remove the same into Court or into Chambers, as the case .may
be.

Moriffl.r. 43. No motion shall be entertained until the party moving
, has

1 4S.

filed in the Court a
r 0. 41 written motion-paper distinctly stating the terms of
the order sought.

z?urm of. 2. The motion may in its terms. ash. for an order directing more
than one think to be done, and may also be in an alternative form, asking
that one or another order be male, so only that the whole: order soubht~
be therein substantially expressed.
ORDINANCE No. 13 ozi 1873.
r

Code of Civil Procedure.

3. If the motion-paper contains any matter by way of argument, or
Amendment
other matter except the proper particulars of the motion itself, the
Court. ~j 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
Wither matter.

4. There shall be filed with the motion-paper all affidavits on which
Affidavits.
the person moving intends to rely. -

5. No other evidence can be used in support of the motion except Other
evi-
donco.

by leave of the Court. IN

6. The person filing the motion-paper may move the Court, in cases cases
or

of urgency, at an time while the Court is sitting and not engaged'
in urgency.
Y a a trb. 146,1

hearing any other matter.

7. All motions shall be made ex pane in the first instance, unless

the Court gives leave to give a notice o£ motion for a certain day.

8. On a motion ex parts, the party moving shall apply for either an
immediate absolute order of the Court in the terms of the motion-paper

~on his own showing an
appear, on a certain day

made in the terms of the motion-paper.

9.

When to bo
ex parts.
y& z47.;

Order there-
on.
(Ib. 148.1

d evidence, or an order to the other party to
, and show cause why an order 'should riot be

Any party moving in Court ex parts may support his motion by Argument in

argument addressed to the Court on the facts put in evidence by the C~ j
rt.
affidavits. filed in support of the motion; and no party to the suit or
proceeding, although present, other than the party moving, shall, unless
by leave of the Court, be entitled to be then heard. '

10. On a motion coming on, the Court may allow the motion-paper Amendment

and addition-
to be amended, and additional evidence to be produced by affidavit or al
evidence.
.declaration, or may direct the motion to 'stand over. yrb. 149.1

1. If it appears to the Court on the evidence adduced in support court
ma,Y

of the motion, or on any additional evidence which the Court .permits to
othke than, `~
be adduced in su )ort thereof, that the moving is entitled to an aFk'`1
for.

1 p ~ party a [1b.7

order absolute, or to show cause different from the order asked, and the
party-moving is willing to take such different order, t4e Court may so
-order accordingly.
r)
ORDINANCE loo. 13 of ~18P.

Code of Civil Procedure.

May vary '-or, 12. . Where an order is made on a motion ex parte, any
party affected.'
discharge
by it may, within seven day-s after service of it; or within such further,
[.1u. zso.] time as the Court shall allow, apply to the Court by motion to
very or-
discharge it; and the Court on notice to the party obtaining the order;
either may refuse to vary or discharge it, or may vary or discharge it

with or without imposing terms as to costs or security, or other things,
as seem just. .

order to show cause.

Return-day. 44. An order to show cause shall specify a day when cause is
to be
[ zb. ILL] . ;
shown, to be called the return-day to the order, which shall ordinarily
be not less than four days after service.

Counter
affidavits.

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

x3ulargement 8,.; On the return-day, if the, person served do not appear,
in-person,
of time and
farther eer- . or. by counsel or attornQy,. and, it - appears to ' the
Court that tlie, scrvice~
vice.
[ ZU.I on- all proper parties has not been duly effected, the Court may
enlarge ,

the time and direct further service,. or make such other order as seems-.
just.

the. matter.

Appearance 4 If the persons served appear, or the Court is satisfied that
service
or ~rroof .ot
on all proper parties has been duly effected, the ~ Court may proceed with

General
powers of.
Court.

5. The Court may either discharge the order,. or make the same.
absolute, or adjourn the consideration thereof, or permit further
affidavits
to be filed in support of, or against the order, and may modify the terms
of the order so as to meet the merits of the case.

Application gas, Every summons shall . be issued 'out of the Registrar's
office,
to Registrar.
izb. 152.1 and before it can be issued,, an application for the same to
the Renistrar
must be made in: writing, and signed by the applicant or his attorney,.

and headed in the suitor other proceeding.

ramtents ` : 2 The applipationfor the summons shall distinctly set forth
the'-
thereof. ' ,
nature of the particular application.
O-RDINANCI: NTo. _1:3 -of 1&73:

Code of Civil .Procedure.

3. The Registrar may thereupon issue a summons setting forth the
nature of the application ordering the person to whom it is directed to
appear at the time and place directed by the Registrar and specified on
the summons.

4. On the return-day, of the summons, if the person to whom the
Proceedings
summons is directed appears, or in his absence, on proof of service, the
anretnxn-day..
Court may,- on the application of the person obtaining the summons,
consider and deal with the application in a summary way.

5. The Court shall take a note of the material evidence, if taken rote of
evi-

dence.

Issue of sum-
mons.

viva voce.

necessary.

in private.

6. The Court may adjourn the hearing of any summons when Adjournment..

?. The Court may order any proceedings in Chambers to be heard Private
hear

ing.

Ei;idence in interlocutory proceedings.

46. .The evidence at the hearing of any interlocutory or other appli-
cation in a suit or matter, shall, as a general rule, be by affidavit,
but the
Court may, if it thinks it expedient, summon -and person ,to 11 attend to
produce documents before it, or to be examined, or to be. cross-examined
uizd voce by or before it, in like manner as at the hearing of a suit.

2. Such notice as the Court in each case, according to the circum- Notice
to
parties inter-
stances, considers reasonable, shall be given to the person summoned,
and eared.
to such persons (parties to the suit or proceeding or otherwise
interested)
as the Court considers entitled to inspect the documents to be produced,
or to examine .the person summoned, or to be present at his examination,
as the case may be. a

3. The evidence o£ a witness on any such examination, shall be taken
Evidence

bow taken. .

is general

in like manner as nearly as may be, as at the hearing of a suit.

Stay of proceedings.

47. No summons or notice of motion .shall operate as a stay of
Inwnatcases.
.proceedings, except by direction of the Registrar endorsed thereon, and
in such case, it shall so. operate from the time of the serv* thereof on
the
opposite party.
1,282

Effect and
` enforcement
<)f order.

ORDINANCE No. 13 OF 1873:

Code of Civil Procedure.

2. Every order made in Chambers shall have the same force and
effect as an order of Court, and the Court sitting at Chambers shall have
the same power to enforce, vary, or deal with any such order, by attach=
went or otherwise, as if sitting in Court. .

PART II.

FROM THE HEARING OF A SUIT TO JUDGMENT

AND DECREE.

CHAPTER VII.

PRELIMINARIES OF TRIAL.

.Setting doww of cause for hearing.

Waer ~ viuat 48. No cause shall be set down for hearing without an order
of the
be obtained.
Court first obtained on summons.

=When plain- -.
may
Via: ez.j
When tlefend-
arit map - -'
apply.. , ..
yza, a3:j

2. At the expiration of the time allowed for answering, and whether

an answer shall have been filed or not, the Co #-may, on the application
of the plaintiff, order the-cause to be set down hearing.

,3. An order to set down the cause may be made on the application, of

the defendant by summons, if it appears to the Court, having regard to the
state of the pleadings, that the cause is ready to be heard, 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, (as
-the,
absence or illness of a material witness,) and that the defendant is
prejudiced or may reasonably be expected to be prejudiced by such delay.

Dismissal for want of prosecution.

49. Where the plaintiffdoes not obtain an order for setting down
the cause within one month from the tirTie at which he'might first apply-
for such an orde!,, the defendant may apply by motion for an order to

dismiss the petition for rant of prosecution.
ORDINANCE No: 43 or =1373.

Code of .Ciaid .Procedure.

2. On such application, the Court may, if it thinks fit, make ani~order
Power of
Courtthereon:.
dismissing the petition, or make such other order, or impose such terms
Vb.J
as the Court thinks reasonable. '

Postponement of hearing.

50. The Court may, at any time, on a summons taken out by any
party, postpone the hearing of a cause set down, on being satisfied by
evidence on oath that the postponement will have the effect of better
ensuring the hearing and determination of the questions between - the
parties on the merits.

2. Where such an application is made on the ground of the absence Absence
of
of a witness, the Court shall require to be satisfied that his evidence
is witness.
material, and that be is likely to return` and give evidence within a
reasonable time.

3. Where such an application is made for the purpose of enabling the
party applying to obtain the evidence of a witness resident out of the
jurisdiction, the Court shall require to be satisfied that the evidence
of,
the.witness is material, and that lie is permanently residing out of the
,jurisdiction, or does not iaxltend to come within the j&isdietiozi
wztlin' a
reasonable dine.

In what
cases.
[Ib. a5.;

ITe.d p .:~g.list and heai'iazg paper.

fit. There shall be kept a general hearing list for causes, and a
hearing paper.

Z. When a pause is set down for hearing it shill be placed in the
transfer to-
general hearing list, and shall be transferred to the hearing paper
strictly l~,p~r g
,.
in its turn ,and order, according, as the general hearing list becomes
(sb' ey:j =
exhausted.

3. The regular order shall in no case. be departed from without
special direction.

Cause list.

[ra. ea.J

4. When, a cause is about to be transferred from the general hearing
list to the hearing paper, notice shall be served ou.the parties and
unless
the Court in any particular case direct .,otherwise, ten days shall be
allowed
between service of such notice and the day of hearing.

Witness
resident out
of the

Colony.

Order of
causes. -

(IL.]

Notice to
parties.
[Ib. 68.J
Causes taken
-out of turn.
[zo. ae.;

Adjournment
.of cause's:
Ilk 70-1.

On fixed :.
days. .
fra. 71.1

64 other .
days. .

;Power to -
eselude the
pablic.

~Arder of
,tiusfness.

t.za-.. ~~.1

Delgiveiy.,

judinen

Opposed
motions, Sic.

Trial :of
.causes.

ORDINANCE; .fo. 13 o>r 1:87:

Code of Civil Procedure.

5. When any cause or matter has been specialty directed by the
Court to be heard on a particular ~ day, or out of its ordinary turn, the
name of the cause or matter shall be placed in the hearing paper with the
words 'by order' subjoined.

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

Sittings of Count.

~2. The sittings of Court for the hearing of causes shall be,. where
the amount of the business so warrants, held on fixed and stated days.

2. The Court may, at its discretion, appoint any other day or days;
from time~to time,, for the hearing of causes, as circumstances require.

$. The sittings of Court for the hearing of causes shall ordinarily
be public; but, the Court may hear any particular cause or matter in the
presence only of the parties and their legal advisers and-the officers of
the
Court.

4. Subject to special arrangements for,-,any particular day, the
business of the day shall be taken, as nearly a~,-, 'rcumstances permit,
in
the following order:-

(a) At the commencement of the sitting, judgments shall be
delivered in matters standing over for that -purpose and
appearing for judgment .in the paper;

(b.) L'x parte motions or motions by consent shall next be
taken; in the order in which the motion papers have
been sent in ;

(c.) Opposed motions on notice, and arguments on showing
cause against orders returnable on that day, shall`then
be taken, in the., order `in which these hatters respect-
ively stand in the hearing paper;

(d.) The causes in the hearing paper shall then be called one

' in their order, unless the Court sees fit to vary the order.
ORDINt1NGF-`I~oi. :I.8.4...1$r78:

Code-of civil Aiocedure.

Mode of tried juries.

53. The trial of a suit may, according to circumstances, take, Mace
in either of the following' modes:-.,

By a Judge with or without a jury.

(b.) By the Full Court with or without a jury.

2: The summons for settinb down the cause for hearing shall specify
the mode o£ trial desired by the party rnakinthe application.

By Judge. or
by bull Court
with or
without jury*.

T~ ~ be deter.
mined on
summons.

3: The Court on the heariiia of the summons shall make such order.
.Ordertliereori.
as to the mode of trial as it shall think fit: Provided ahyays- that if ,
~C~n~ 'nSdj

1883. Ord. ,
.either party shall desire a, trial by jury before one of the.tN%ro
Judges, lie xxxvi, s, 2.]
shall be entitled thereto as of right.

d. If it shall appear expedient at the hearing of any, cause.before
the Court without a jury, that the cause should be tried iyith'a jury,
the , Court may make such order for the trial of the cause with a, j,ury,,
and for the adjournment thereof in the meanwhile,-on Stich. terii~s;,as
iro.
-costs and otherwise as it shall deem reasonable.

5. Either party shall be at liberty to apply to the Court for an order
for the inspection by thg jury, or by himself, or:by his witnesses, of any
moveable or immoveable property, the inspection of which may- be
material to the proper determination of the question in dispute, and the
Court may make such order upon such terms as it may deem just.

6. It shall be lawful for the Court to make such rules or orders
upon the Sheriff [',Registrar ' as amended by Urdinance.ll-'o. 22 of 1882]
-or other person as may be necessary to procure. the attendance of a
special or common jury for the trial of any cause or matter depending
in the Court, at such. time and place and in such manner as the Court

may think.fit. ',

7. All the existing laws relating to juries shall be deemed to Existing
continue in full force and effect so far as the same may,.not be
inconsist- laws as to
j
tent with any provision of this Code..

Power of
court to

Inspeotio

by jury, by

parties, or by
witnesses:

E See Ordi-
nance No.
13 of 1887, 4.

Rule or omlwr
for summon=
iug jury.. _ .
Cross-exami-
nation
thereon.

where cross.'
esaminatiori
riot,practiaa-
ble:

r~

Order of
Qourt to
~eamit.

Any person
riap,y, ,he sum-
moned by the
Coilrt as ai. .

~:i
a':

Incompetency
from iunnntare

ORDINANCE No. 1; op 1873.

Code of Civil Procedure,

CHAPTER V111.
EVIDENCE AT THE HEARING.

Existing rules-new provisions.
Rules of 54. The existinb rules of evidence shall continue in full force
and'
evidence
continue in effect so far as the same are not modified by any provisions
of this Code.
force.

Power to
:admit;
affidavits.

2. The Court shall have power, in its discretion, to permit that the,
evidence in any case, or as to.any particular matter, should be taken by
affidavit, or that affidavits of any witnesses be read at the trial:. Pro
vided always that every witness making an affidavit so received shall he
liable to cross-examination in open Court, unless the,Court shall direct
the cross-examination to take place in any other manner. .
3. The Court may, in its discretion, if the interests of justice appear
absolutely so to require, 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
makiiia the affidavit.

4: \ o affidavit of any witness shall be read at the trial under the
lnovisiops' hereinbefore contained, except in pursuance of an order of
Court obtained on summons before trial, unless the Court shall think fit
under the circumstances otherwise to direct, upon such teens as seem just.
5. If the Court at any time think it necessary for the ends of justice
to examine any person other than a party to the'.suit, and not earned as
a witness by a party to the suit, the Court may, bf its own accord, cause,
such person to be summoned as a witness to give evidence, or to produce
any- document in his possession on a day to be appointed, and may
examine such person as a witness.

;6. The following persons only shall be incompetent to testify:

(n..) Children under seven years of age, unless they shall appear capable-
of receiving jest impressions of the facts respecting which they are-
examined, and of.relating them truly; -

(b.) Persons of unsound mind; who, at the time of their examination,
appear incapable of receiving just impressions of the facts respecting
which,they are examined, or of relating them truly; and no person
who is known to be o£ unsound mina shall be liable to be summoned
as a witness, without the consent previously, obtained of the Court,
or person before whom his attendance is required. [Subsection 6'
repealed by Ordinance No. 2 of 1889.;
ORDINANCE into. 13 of '1873.

Code of Civil Procedure.

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

8. No such question shall be asked, unless the person asking it has
reasonable grounds for believing drat the imputation it conveys is well-
founded.

9. The Court may forbid any questions or inquiries which it regards
as indecent or scandalous, although such questions or inquiries may have
some bearing on the questions before the Court, unless they relate to
facts
in issue, or to matters necessary to be known in order to determine
-Whether or not the facts in issue existed.

10. The Court shrill forbid any question which appears to it to be
Needler;4ly
offensive.
intended to insult or annoy, or which, though proper in itself, appears
[Ib. r,sx.]
.to the Court needlessly offensive in form.

Court nay
relieve
witness from
answering
certain cjues-
tions.
[rn. err,.
Act Tsyx, ,.
1¢s.]

Reasonable
grounds for
such ques-
tion,
[Ib. T2a.]

Questions
indecent, an!(
scandalous.
[IL. 15T,

Documentary evidence.

55. , Entries in books of account kept ;in the course ~£..bu'siness w'ii
reasonable degree o£ regularity as shall b9 satisfactory to the Court
shall be admissible
evidence whenever they refer to a matter into which the Court has to
inquire, but
shall not alone be sufficient evidence to charge any person with'
liability.

2. The Honghoug Gazette and any Government Gazette o£ any country, colony,
or dependency under the dominion of the British Crown, may be
proved,by'the bare
production thereof before the Court.

2. All proclamations, acts of State, whether legislative or executive,
nominations,
appointments, and other official communications of the Government,
appearing in guy
such Gazette, may be proved by the production of such Gazette, and shall
be prim!
facie proof of any fact of a public nature which they were intended to
notify.

4. The Court may, on matters of public history, literature, science, or
art, refer, Books of 8;ewe,

!YllljlS, Ur7l11't1.
for the purposes of evidence, to -such published books, maps, or charts
as the Court
shall consider to be of authority on the subject to which they relate.

5. Books printed or published under the authority of the Gover::ment of ~
a
foreign country and purporting to contain the statutes, node, or other
written law of
such country, and. also printed and published books of reports of
decisions of the
Courts of such country, and books proved to be commonly admitted in,such
Courts as
evidence of the law of such country, shall be, admissible as .evidence of
tae law of
ouch foreign country.

l3utrios in book-

of account. '

[in, M. A CA
$96, se: 7-rs.3

<:overmrient
Gazettes.

i, ~,
Acts of StOte,&;%.

Foreign low.
Tn what lan-
xuage.

(c '.zit.language.

230.1' .

IIow divided.

. Facts known
to witness.
(Zb. 232.)

.Information:
from others:

interlinea-
tipys, &c.
(Zb. 233.E

Before whoui
to be sworn.
Ll b. 234.] '

T.ri-1'or^eig'n

y'238

ORDINANCE No. 13 .oF 1373.

Code of Civil Procedure.

rmato maps. - , 6. All maps made under the authority of any Government, or
of any public
municipal body, and not made for the purpose of any litigated question,
shall pri7rr,a
facie be deemed to be correct, and shall he admitted in evidence without
further
proof. [Sicbsections T-6 repealed by Ordinance No. -9 of 18b9.]

Affldat;its.

50. Every affidavit used in the Court must be in -the English

2. It must be in the first person, and must be divided into paraDraphs-
numbered consecutively.

3. Every affidavit used in the Court mast contain only a statement
of facts and circumstances to which the witness shears, either on his ownr
personal knowledge, or from information which he believes to be true.

4. Where the belief in the truth of the matter of fact sworn, to arises-
£rom n£prmation received from another person, the name of such person
must be stated.

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

unobjectionable manner.

6. Any affidavit sworn before any Judge, officer, or other person irk-

the United Kingdom, or in any British colony, possession, or settlement
authorized to take affidavits, or before any. commissioner duly authorized
by the Supreme Court to take affidavits in the United Kingdom or,
abroad, may- be used in the Court in all cases where affidavits are admis-
sible.

7. Any affidavit sworn in any foreign parts out of Her Majesty's do-
minions before a Judge or. Magistrate being authenticated by the official
seal of the Court to which he is attached, or by a public notary, or
before
a British Minister, Consul, Vice-Consul or Consular agent, may be used:
in the Court in all cases where affidavits are admissible.
- ORDINL-ANCE No. 13 ov 1873.:. 1239.

- Code of Civad .Pa-ocedure:

8. The fact that an affidavit purports to have been sworn in.manner Proof
of seal
herpinbefore prescribed by: paragraphs 6 and 7 shall be prima facie,
ofdourgntotr're
- evidence of the seal or signature, as the case may be, of any such
Court, J'`te',°.
Judge, Magistrate, or other officer or person therein mentioned appended
-- or subscribed to any such affidavit, and of the authority of such Court,
Judge, Magistrate, or other officer or person to administer oaths.

- - 9. The Court may permit an affidavit to be used, notwithstanding 'when
de-
- festive in
- it is defective in form according to these rules, if the Court is
satisfied forth.
_ _ . that it has been sworn before a person duly authorised, lra.23¢.l

10. An affidavit shall not be admitted which is proved to have been trot
to be
- sworn before
-- sworn befdre a person on whose behalf the ,same is offered, or before
his certain
persons.
s attorney, or before a partner or clerk of his attorney. Erb. 23a.]

- . 11. A defective or erroneous affidavit may be amended.and re-sworn,
amendment
_ and reswear-
-- by special leave of the Court, on such terms as to time, costs, or
otherwise ing.
- In. 240,]

- as seem reasonable.

_ 12. Before an affidavit is used, the original must be filed in the
Filing of
__ _ original.
_ Cou;t; and the orininal, or an office copy thereof, shall alone be.
Office copy,

recognised for any purpose in the Court. [rz 24,$

- _ lEvidmee age- bene :esse.

57. W here the circumstances of the case appear to the Court so to viva v
o6,8
evidenee gro-
require, the Court may take the evidence of any witness at any time in
aratory to
-- the course of the proceedings in an suit or application before the
hearing 'caring.
p b y a Sae 19 20,
Kim c. 1 3.-
--- of the suit or application, or may direct the Registrar to take such
evidence 22 vu, ~, 20
r
- in like manner, and the evidence so taken may be used at the hearing of
via 63 ':

the suit or application, saving just exceptions. 24; Y2~ Q 111.
[ G. * J. .A.
244.]
2. The evidence shall be taken, as nearly as may be,.as evidence at How
to-be
the hearing of a suit, and then the note of tile evidence shall be read
over r1 b
_-- to the witness and tendered to him for signature; and if he refuse to
sign
it, the Court, or the Registrar, as the case may be; shall add a note of
his
refusal, and the evidence may be used as if he had signed it. -

- 3. Evidence may be taken in like manner on the application of any
Eviaonce
. person, before suit instituted, where it is shown to the satisfaction
of the beforesuit
instituted.
Court, on oath that the person applying bas good reason to apprehend Ub-
245-J
that a suit will be instituted against him in the Court, and that some-
I;24U

ORDINANCE No. 13 of 1873.

Code of Civil. Procedure.

person, within the jurisdiction at the time of application, can give
material
evidence respecting the subject of the apprehended; suit, but that he is
about to leave the jurisdiction, or that from some other cause the person
applying will lose the benefit of his evidence if it be not at once taken:
Court may Provided always that the Court may, upon granting such
application,
impose terms.
impose any terms or conditions with reference to the examination of such
witness and the admission of his evidence as to the Court may seem
reasonable. g

Witness dead, hzsane, or not arpeariizg.

Evidence of 5$, Where any person who might give evidence in any suit or
witnes8 in
former pro. matter is dead, or insane, or unavoidably absent at the time
his evidence
ceedings.
[ia.24a.i might be taken, or for any reason considered sufficient by the
Court,
cannot appear to give evidence in the suit or matter, the Court. may, if
it
thinks fit, receive proof of any evidence given by him in any former
erovi$o<aa:to judicial proceeding: Provided that the subject matter ,of
such former
subject
natter, judicial proceeding was substantially the same as that of the
existing suit,
'' and that the parties to the existing suit were parties to it or bound
by it,
and in it had cross-examined or had an opportunity o£ cross-examining
the witness of whose evidence proof is so to be given.

Admission, of documents, and facts.

Notice to fig, Where all parties to a suit are competent to make
admissions,
yb'z4e.1 any party may call on any other party by notice filed in the
Court and
. served under order of the Court, to admit any document, or any fact,
saving just exceptions.
Consequence . 2. In case of refusal or neglect to admit, the costs of
proof of the .
of 'refusal'
Costs. - document or fact shall be paid by the party refusing or
neglecting, whatever
be the result of the cause, unless the Court is of opinion that the
refusal or

neglect to admit was reasonable.

Costs of proof 3. No costs of proof of any document or fact shall be
allowed unless
where no
notice given. such notice has .been given, except in cases .where: the
omission to give
the notice has, in the opinion of the Court,,produced a saving of expense.

Inspection and production of documents.

Court ;may
order. -
(z4 * lug Ro:
c. 93, a. E.]

60. The Court may, in its discretion, on the application of any of
the parties to any quit or proceeding, compel any other party to allow the
applicant to inspect all or any documents in the custody or under the
Notice to pro-_
duce.
[In : Co:
zoy.)

ORDINANCE No13'oFLBr3:

Code of Civil hrocedure.

control of such other party relating to such suit or proceeding, and if
necessary to take examined copies of the same or to procure the same to
be duly stamped. ,

2. Whenever any of the parties to a suit is desirous that any docu-
ment, writing, or other thing, which he believes to be in the possession
or power of another of the parties thereto, should be produced at any
hearing of the suit, he shall, at the earliest opportunity, serve the
party in
whose possessi(in or power he.believes the document, writing, or other
thing to be,'with a notice in writing calling upon him to produce the
same.

3. In case it shall appear to the satisfaction of the Court that there
order to pro.-
is reasonable ground to believe that such document or thin; will riot be
d'ce. -

produced pursuant to such notice, the Court may make an order for the
production of the salve at the hearing of the suit by the party served
with
such notice.

4. A witness, whether a party or not, shall not be bound to produce
any document relating to affairs of state, the production of which would

be contrary to good policy,

nor any document held by him for any other

person who would not be bound to produce it if in his own possession.

5-: Any person present in Court, whether a party or not, may be called
upon, and compelled by the Court to ~ give evidence, and produce 'any'
document then and there in pie actual possession, or in his power, in the
same manner and subject to the some rules as if he lied been summoned'
to attend and give evidence, or to produce such document, and may be
punished in like manner for any refusal to obey the-order of the Court.

6: Any person, whether a j>arty to the suit or not, may be summoned
to produce a document without being summoned to dive evidence, and
any person summoned merely to produce a docarnent, shall be deemed to
have complied- with the summons, if he cause such document to be pro-
duced instead of attending personally to produce the same.

CHAPTER IX.
THE HEARING.

Documents
relating to .
affairs of
state, &c.
(Ice. Ev. Act..
1855, a. 21. )

Persons pry: ,.
sent in court
compelled ta-.

ve evidence.:
~ra. 8: zs.) .

Persons may. .
be summoned
merely to
produce docu-
ments.
[Ib. e. 26.]

Non-attendance of parties.
61. When a cause in the hearing-paper, lids been called on,, if neither
Non-attend-
ance.

party attend in person or by counsel, the Court, on being satisfied that
parties.

b°+.h

the.: plaintiff has received. notice of the hearing, shall,, upless it
sees good y5 j't ~
reason, to the contrary, . strike the cause out of the hearing-paper.
1242

ORDINANCE No. 13 0F 187:3.

Code of Civil Procedure.

'Of plaintiff. 2. If the plaintiff does not attend in person or by
counsel, the Court,
[Ib. 7E.)
on being satisfied that the plaintiff has received notice of the hearing,
shall, unless it sees good reason to the contrary, strike out the cause,
and make such order as to costs in favor of any defendant appearing as
seems just.

Of defendant. 3. If the plaintiff attends, but the defendant or any of the
defendants
,f 1b. yy.) does or do not attend in person or by counsel, the Court
.shall, before
hearing the cause, inquire into the service of the writ of summons and
petition and of notice of hearing on the absent party or parties.

Further 4. If not satisfied as to the service on every party, tie Court
shall
service.
Cza.] direct such further service to be made as it shall think fit, and
adjourn
' the hearing of the cause for that purpose.

When coast
may proceed
ex arte.
Lill

Re-heating
£cir.absent=

Restoration
`4f cause to
hearing list
isns plaintiff.
C:xa- ys.~- . -

Non-attend
ante of plain-
tiff a second

5. If satisfied that, the defendant or the several defendants has or
have been duly served with the writ of summons and petition and with
notice of the hearing, the Court may proceed to hear the cause notwith-
standing the absence of the defendant, or any of the defendants, and may,
on the evidence adduced by the plaintiff; give such judgment as appears
just. The Court, however, shall not be bound to do so, but may order
the hearing to stand over to a further day, and direct fresh notice to be
given to the defendant or defendants, in case justice seems to require an
adjournment. '

6. In all cases where the plaintiff has obtained leave to proceed ex
paste for want of appearance to the writ of summons, and in all other
cases Nvhere the Court hears a cause and judgment is given in the absence
of and against any defendant, the Court may afterwards, if it thinks $t,
on such terms as seem just, set aside the ,judgment and-re-hear the cause,
on its being established by evidence on oath to the. satisfaction of the
Court that the defendant's absence was not wilful, and that he has a
defence upon the merits.

7. Where a cause is struck out by reason of the absence of the plain-
tiff, it shall not be restored without leave of the Court, until it has
-been
set down again at the bottom of the general hearing list, and been trans-
ferred in,its regular turn to the hearing-paper.

8. Where a pause has' been once struck out, and has been a second
dine set down, and has come into the bearing-paper, and on the day fixed
ORDINANCE No. 13 of 1878.

-Code of Civil Procedure.

1.243

for the hearing the plaintiff having received due notice thereof, fails
to time.
[rv. 80.1
-attend either in person or by counsel when the cause is called on, the
Court, on the applicationof the defendant, and if the non-attendance of
the plaintiff appears to be wilful and intended to harass the defendant,
-or to be likely to prejudice the.defendant by preventing the hearing and
determination of tile suit, may make an order on the plaintiff to show
cause why a day should not be fixed for the peremptory hearing of the
rererriptery
.cause; and on the return to that order, if no cause, or no sufficient
cause order.
be shown, the Court shall iii a day accordingly, upon such notice and
`other terms as seem just.

9. In case the plaintiff does not attend on the day so fixed,
either rileet et
dismissal of
in person or by counsel, the Court shall, unless it sees good reason to
the suit in sue,
cases.

lzv.7

'contrary, order judgment to be entered for the defendant.

Order of proceeding.

follows :-

62.''1`he order of proceeding at the hcarulg of a cause shall be as izv.
sz.l

the plaintiff shall state the pleadings.

2. The party on whom the burden of proof is thrown by the nature
of the material issues or questions between the parties :has the right to
begin: he shall address the Court and open his case.

8. He shall then produce his evidence and examine his witnesses in

4. When the party beginning has concluded his evidence, he shall
ask the other party if he intends to call evidence (in which term is
included evidence taken by affidavit or deposition, or under commission,
and documentary evidence not, already read or taken as read); and 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 Case- of
ot,aPr
party shall be at liberty, to address the Court, and to,call- evidence,
and Party'
.to sum up and comment thereon.

statembnt rf.
pleadings. ,.

Bnrtien of
proof.

ratty to
>2ogin..

Evidence.

Summing up.
11244

ORDINANCE No: 13 of ,183:

Code of Civil Procedure.

General 6. If no evidence is caked or read by the latter party, the partg
reply. beginning shall have no right to reply, unless be has been
prevented from
summing up his case by the statement of the other party of his intention
to call evidence.

Case closed. 7. The case on both sides shall then be considered closed.
Evidence in 8. If the party opposed to the party beginning calls or reads.
. evidence, the party beginning shall be at liberty to reply generally on
the whole case, or he may call 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.
Addresses 9. Where evidence in reply is tendered, and allowed to be given,
the
thereon. 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.
dose. 10. Each witness after examination-in-chief, shall be subject to
cross--
eaemination
and re. examination by the other party, and to re-examination by the party
callin0;
examination. J , him, and after re-examination may be questioned, by the
Court, .and shall.
not be r,:called or further questioned save by leave of the Court.
Judge's note. 11. The Court shall take a note of the viva voce evidence
and shall
bra. 86.] -put down the terms of any particular question or answer, if
there appears.

any special reason for doing so.

Inspection or. 12. No person shall be entitled as of right, at any time or
for any
copy. thereof'=: - -
Ers.; purpose, to inspection or a copy of the Court's notes.
Objections to 13. 'All el>jections to evidence must be taken at the time
the question
evidence,
bra. sy.] objected to is put, or, in case of written evidence, when the
same is about
to be put in, and must be argued and decided at the time.

'Tote of 14. Where a question put. to a witness is objected to, the Court,
objection.
tug. 88.1 unless the objection appears 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.

t,:yiaenoe by 1 ~. Where any evidence is by affidavit, or has been taken
by com-
affiaavit or
commission. mission, or on deposition; the party adducing the same may
read and
jra. ss.l Comment on it, either immediatcl.y after his opening or after
the vivc2 voce
- evidence on his part has been concluded.
ORDINANCE No: 18 or 1973.

Code of Mil Procedure.

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

17. 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
hearing, 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.

Documentary
evidence.
[Zb. 91.1

To be marked.

18. Where the evidence adduced at the bearing varies substantially p
m~n~n~k
from the allegations of the respective parties in the pleading, it shall
be. [zpb. 9,5.]

.e discretion of the Court to allow the pleadings to be amended.

19. The Court. may allow such amendment on such terms as to
adjournment, costs, and other things as seem just, so as to avoid surprise
and injury to any party; but all amendments necessary for the determina-
tion in the existing suit of the real question in controversy between the
parties shall be made if duly applied for.

20. The Court may, at the hearing, order ,or allow, on such terms-

seEm just, the striking out or amendment of any pleading that appears
so framed as to prejudice, embarass, or delay the fair trial of the real
questions in controversy' between the parties.

Supplemeratal statement.

On what
terms.
[1b. 93.]

Pleadings;
which ,
embarasa oz`
delay.
lib, a4

:

63. Facts or circumstances occurring after the.institution of a suits In
petition or
may, by leave of the Court, be' introduced by way of amendment into '[c
Wt'J' x.
the petition or answer (as the case may require) at any stage of the QyQ.)
proceedings, and the Court may make such order as seems just respecting
the proof of such facts or circumstances, or for affording all parties
concerned leave and opportunity to meet the statements so introduced.

Reference of accounts.

64. In any suit or otherjudicial proceeding in which an investigation
or adjustment of accounts may be necessary, it shall be lawful for the
Court, at or before the hearinn, to appoint any competent person to be a
commissioner for the purpose of making such investigation or adjustment,
and to direct that the parties, or their attorneys or counsel, shall
attend
upon the commissioner during such investigation or ada,ustment. In all
such cases, the Court shall furnish the commissioner with, such part of

Appointment
of com-
missioner to
investigate.
In: Co:
~sz.)
ORDINANCE No. 13 of 1873.

Code of Civil Procedure.

the proceedings and such detailed instructions as may appear necessary
for his information and guidance ; and the instructions shall distinctly,
specify whether tine commissioner is merely to transmit the proceedings
which he may hold on the inquiry, or also to report his own opinion on.
the point referred for his investigation. The proceedings of .the com-
missioner shall be received in'evidence in the case, unless the Court may
have reason to be dissatisfied with them, in which case, the Court shall
make such further inquiry as may be requisite, and shall pass such
ultimate judgment or order as may appear to it to be right and proper
in the circumstances of the case.

-ExPenses'of 2. Whenever a commission is issued for an investigation into
commission. accounts, the Court, before issuing the commission, may order
such sum
as may be thought reasonable for the expenses of the . commission to be,
paid into Court by the party at whose instance or for whole benefit the-
commission is issued.

Incidental powers.

i5'onwuit; 65. The Court may at the trial, without consent of parties,
direct
Verdict for
plaintifc.or a nonsuit, or a verdict for the plaintiff or defendant to be
entered, or it
aefanaar<t- .
Rreatar awe, may reserve any point of law, or direct a verdict ,subject to
a special'case
to be stated for the opinion of the Court.

Full Court. 2. Every such point of law so reserved and every such special
case
shall be heard before the Full Court.

Special oase 3: Every such special case shall be settled by the parties,
and in
rio* setElea: . .
- case of difference by the Full Court,
setting down. 4. The Court may order any point of law reserved to be set
.down

t°' argument.-' for argument without any previous application.

5: The Court shall, upon motion for a new trial, have power to

Nonsuit, Spa.

where no
leavcreservea, order a nonsuit or verdict to be entered, although no leave
has been
reserved at the trial. .

Withdrawal and adjustment of suits.

~~xt~~ gg, If the plaintiff, at any tune before final judgment, satisfy
the
p~r~t win-
ara~z wire _ Court drat there are sufficient grounds for permitting him
to withdraw
liberty to
bring fresh . from the suit svit~ liberty to bring a fresh suit for the
same matter, it

action.
rrn: Co. 97.3 shall be competent to the Court to grant such. permission
on such terms.
ORDINANCE -No. li; of 187.3.

Code of Civil Procedure.

as to costs or otherwise as it may deem proper. In any such fresh suit,
the plaintiff shall be bound by the rules for the limitation of actions in
the same manner as if the first suit had not been brought. If the
plaintiff withdraw from the suit without such permission, he shall be
precluded from bringing a fresh suit fur the same matter.

2. If a suit shall be adjusted by mutual agreement or compromise;
or if the defendant satisfy the plaintiff in respect of the matter of the
suit, such agreement, compromise, or satisfaction shall be recorded, and

the suit shall be disposed.af in accordance therewith.

3. Notice of such agreement, compromise, or satisfaction shall be 'Toti,,
of
a t ixstmcnt.
given by they plaintiff, or in case an attorney shall be employed, by his
to Registrar..
attorney to the Registrar together with such particulars as may be
required of him, within one week after the same shall have been made,
and in default thereof lie shall be deemed guilty of a contempt of Court.

124'T'

Limitation
of action.

IYithdrawal
without per-
mission.

Disposal of
suit by
ad ustment.

CHAPTER X.

JUDGMENT AND DixREE.

67, When the cause is tried by the-Court with a jury, the . verdict
shall be-recorded arid judgment shall be.entered up by the =Reyistrai-as
the Court shall direct; and when tile -cause i5 tried by the Court
-w.ithaut
a jury, the judgment shall be pronounced in open Court, unless the
Court shall otherwise direct, or it may be read by the Renistrar if so
ordered. -

2, If the judgment of the Court is reserved at the hearing, parties where
audg--

ment
to the suit shall be summoned to hear judgment, unless the Court at the
reserved.

hearing states the day on which judgment will be delivered; in which
case no summons to hear judgment shall be issued.

3. 1111 parties shall be deemed to have notice of any judgment, if
the same is pronounced at the hearing of the application or suit.

4. All parties duly served with notice to attend and hear judgment
shall be deemed to have notice of the judgment when pronounced. .

5. A minute of every judgment, whether final or interlocutory, shall be
made
by the Registrar, and every such minute shall be a decree of the Court,
and shall have
the full force and effect of a formal decree: Provided always that' the
Court may
order a formal decree to be drawn up on the application of eitherparty.
[Repealed by
Ordinance No. 8 of 1890, and new section substituted.]

Where juyg-
ment deliv-
ered at
hearing.

Notice of
judgment.

Minute thereof,
by Regiatrar-
Force and effect'
thereof.

Formal decree.
248

decree for
money-in-
tcrcst.

ORDINANCE No. 13 of 1873.

Code of Civil Procedure.

G. When the suit is for a sum of money due to the plaintiff, tile
Court may, in the decree, order interest, at such rate a's the Court may
thinly proper, to be paid on the'principal sum adjudged from the date of
the suit to the date of the judgment, in addition to any interest adjudged
on such principal sum for any period prior to the date of the suit; with
further interest on the a7gregate sum so adjudged, and on the cost, of
the suit from the date of the decree to the date of payment.

Payment by. 7. In all ,judgments for the payment of money, the Court may,
for
instalments.
[za. zn4.] any sufficient reason, order that the arriount shall be paid by
instalments
with or without interest. `

where yet-oft $. If the defendant shall have been allowed to set-off any
demand
is allowed.
EA ins.] against the claim of the plaintiff, tile judo;rnent shall state
what amount
is due to the plaintiff and what amount (if any) is due to the defendant,
arid shall be for the recovery of any sure which shall appear to be due to
either party. The judgment of the Court c~ith respect to any sum
awarded to the defendant shall have the same effect and be subject to
the same rules as if such sum had been claimed by the defendant in a
separate suit against the plaintiff.

Decree to be 9. A person directed by a decree or order to pay money, or do
any
-obeyed,
without other act, is bound to obey the decree or order without any demand
for

demand.

payment or performance.

Written 10. Whenever the Court shall deliver a written judgment, the
judgment
to be sled, original or a copy thereof signed by the Judge shall be filed
in the suit
or other proceeding.

lieuiezv of judgment-7°e-bearing-new trial.

Gen6ma1
Powers of
the Court.

of proceedings.

$$. The Court may in any case, on such terms as seem just, review
any judgment, or order a re-hearing or-new trial, with or without a stay

Application .,
`for review by
notice of
motion:
y ra: lor.~

such notice
no stay of
proceedings-
money in
Court. [la.J
-I

2. .Any application for a review of judgment or for a re-hearing or
new trial mint be made on notice of motion fi'.ed not later than fourteen
days after such decision or hearing or verdict.

3. Such notice shall ..not of it self operate as a stay of proceedings;
but any money ii- Court in the suit ;hall be retained to abide the result
of the motion or the further order of the Court.
ORDINANCE 'No. 13 oli ~ 187.

Code of Civil Procedure.

124

4. After the expiration of such fourteen days, an application.for such
Application

review, re-hearing, or new trial shell not be admitted, except by special
-
leave of the Court, on such terms as seem just.

aft:r 14 days.

5. On an order for re-hearinw or new trial, either party may demand Jury
may be

' demanded.
(Ib. 102.) .

a jury for the second trial, though the first was not with a jury.

6. The Court may, if it thinks fit, make it a condition of granting a
re-hearing or, new trial that the trial shall be with a jury.

7. The discovery of new matter or evidence which was not within
the knowledge of the applicant, or could not be adduced by him at the
trial, may be a ground for a now trial, Out the improper admission or
rejection of evidence shall not be a ground of itself for a new trial or
reversal of any judgment in any case, if it shall appear to~the Court,
that,
independently of the evidence objected to sad admitted, there was
sufficient
evidence to justify the ,judgment, or that if the rejected evidence has
been
received, it ought not to have varied the judainent.

23. When an application for a review of judgment, re-hearing, or new
trial is granted, a note thereof shall be made in the'register of suits,
and
the Court shall give such order in regard thereto, as it.may deem proper
in the circumstances of the case.

PART III.

PROCEEDINGS '10 E;V1vulLCE 'rFIL DECREE.

EXECUTION.

CIiAl'TI:R XI.

Investigation as to property of judgment debtor.

69. Where a decree directing payment of money remains wholly
or in part unsatisfied (whether a writ of execution has issued or not,)
the person prosecuting the decree may apply to the Court for a summons.
requiring the person by whom payment is directed to be made to appear
and be examined respecting his ability to make the payment directed, and
the Court shall unless it sees good reason to the cont>nary, issue such a

summons.

Court may
order jury.
rib. z03.)

Discovery of
new evidence..
(7m: Co:
370. In. $u.
lot; ! 855, s.
57, Ia. Eu.
Act 1872, s.
107.

Improper
admission or
rejection of
evidence.

Proceedings
where
application is
granted.
(!n: Go:

Examination
of judgment
debtor.
[ r J. IL.
129.
ORDINANCE No: 13 of 1873.

Code of Civil Procedure.

Discovery of 2. On the appearance of the person against whom the summons is
property,
[sued, he may be examined on oath by or on behalf of the person prose-
cuting the decree, and by the Court, respecting his ability to pay the
money directed to be paid, and for the discovery of property applicable
to such payment, and as to the disposal which lie may have made 'of any
property.

Production of 3: He shall be bound to produce on oath, or otherwise, all
books,,
books and
documents. papers, aiid documents in his possession or power relating to
property
[IL.1
applicable to such payment.

EX aminatip,i 4. Whether the person summoned appears or not, the person
prose-
of other wit-
nesses. cuting the decree, and all other witnesses whom the Court thinks
requisite;
`Ib.l may be examined on oath, or otherwise, respecting the matters
aforesaid.
Adjournment 5. The Court may, if it thinks fit, adjourn the hearing of the
Sum-
ofhearingand - '
proceedings Mons from time to time, and require from the person summoned
such
thereon.
[.fb.7 security for his appearance at the adjourned hearing as seems fit,
and in
default of his finding security, may, by, warrant, commit him to prison,
there to remain until the adjourned bearing, unless sooner discharged.
Interim order 6. The Court may, upon such investigation as aforesaid, make
any
for protection
of property. interim order for the protection of any property applicable
or available in
discharge of the decree, . as it shall think expedient.
:Lode of enforcing decrees.

Decree for 70. If the decree be for land or other immoveable property, the
i~mmoveable£ decree holder shall be put in possession thereof, if
necessary,, by the
property. 199.1 Sherif (' Bailiff'' as amended by Ordinance No. 22 of
1882] or other
officer executing the decree.

Decree for 2. If the decree be for any specific moveable, or for the
specific
moveable
property- performance of any contract or other particular act, it shall be
enforced
performance
of contract or by the seizure, if practicable, of the specific moveable
and the delivery
alternative.
fib. '000.1 thereof to the party to whom it shall have been adjudged, or
by imprison
ment of the party against whom the decree is made, or by attaching his
property and keeping the same under attachment until further order of
the Court, or by both imprisonment and attachment, if necessary; or if
alternative damages be awarded, by levying 'such damages in the mode
provided for the execution of a decree for money..
ORDINANCE Vo: 13 of 187.3.

Code of Civil Procedure.

3. If the decree be for money, it shall be enforced by the imprison-
Decree for

money,
inept of the party against whom the decree is made, or by the attachment
[r,. 2 0 1.

and sale of his property, or by both, if necessary ; and if such party be
other than a defendant, the decree may be enforced against him in the
sanxe manner as a decree may be enforced against a defeisdant.

4. If the decree be for the execution of a deed, or. for the indor se-
For exeoat.;on
of deeds, &r..
meat of a neotiable instrument, and the party ordered to execute or
rormdorse-
ment of nogo-
lndorse such deed or nenotiable instrument shall neglect or refuse so to
tiabre instru-
mentfi.
do,, any party interested in llavino, the same executed or indorsed may
[zv. zo2.,
prepare a deed or indorsernent o£ the instrument in accordance with the
terms of the decree, and tender the same to the Court for execution, upon
the proper stamp (if any is required by law), and the signatl:ue thereof
by the Registrar shall have the same effect as the elocution or indorsa-
ment thereof by the party ordered to execute.

5. If the decree be against a party as the representative of a deceased
person, and such decree be 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
fail'to satisfy the Court that he has. duly applied such :pioperty of lle
deceased as shall be proved to have come into his possession, the'decree
nxay be executed against the defendant to the extent ,of the property not
duly applied by him, in the same manner as if the decree had been against
the defendant personally.

6. Whenever a person has become liable, as security for the per- Against
formance of a decree, or of any part thereof, the decree may be executed
[`Zb. t204.1,
against such person to the extent to which he leas rendered himself
liable,
'in the same manner as a decree may be enforced against or defendant.

7. The following property is liable to attachment and sale in execu-
tion of a decree, namely, 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,
,moveable or immoveable, belonging to the defendant;, and whether the.
same be held in his own name or by another person in trust for him, or
-ou his behalf.

1251

:'1;ainst. rehro_
aCntvtivCS of
d eceased
,moons.

~,Tb.203.a, _

Property

liable to
attaolimen t
and sale in
execution of
(tecree.
[TV. zos.]
1,925j

ORDINANCE No. 13 of 1873.

Code of Civil Procedure.

Payment, into 8. All monies payable under a decree shall be paid into
Court, unless
Court of
inonies under the Court shall otherwise direct. No adjustment of a decree,
in part or
decree.
izv.2os.l in whole, shall, be recognised by the Court unless such
adjustment be
made through the Court, or be certified to the Court by the person in
whose favor the decree has been made, or to whom it has been transferred.

Irranrediate execution.

)3y order of `Jl. The Court mad=, at the time of making the decree on the
verbal
Court before
taxation of application of the party in whose favor the decree is rna~le
order immediate
costs.
(xn. AetsxX execution thereof, except as to so much as relates to the
cost;, and that
qf 1882, s. F J~
m of the decree shall be executed as to costs as, soon as the amount
thereof
191 shall be ascertained by taxation.

llpplicationfor execution in ordinary cases.

JVrust be mad o `J2. When guy party in whose favor a decree has been made
is
to the Regis-
trar-form desirous of enforcing the same, he shall apply to the Registrar
for execu-
~in:~ n~: zoy.l tion. Such application must be in writing and shall
specify the number-
of the suit or proceeding and the names of the parties.

Cross-decrees. 2. If there be crow-decrees between the same parties for
the payment
~zh. ROD.l of money, execution, shall be taken out by that party only who
shall have
obtained a decree for the larger sum and for so much only as shall remain
after deducting the smaller sum, and satisfaction for the smaller sum
shall.
be,entered on the decree for the larder Burn as well as satisfaction on
the
decree for the smaller Burn, and if both sums shall be equal, satisfaction
shall be entered upon both decrees.
Court, may 3. Whenever a suit shall be pending in the Court against the
holder
stayesecutidn .,
in certain of a previous decree of the Court, by the person against whom
the decree
cases of pre-
vious decree. Was made> the Court may> if it appear just and reasonable to
do so, stay
t''~'1 execution of the decree either absolutely or on such terms as it
may thinly
just, until a decree shall bmade in the pending suit.
Decree 4. If any person against whom a decree has been made shall die-
against legal
representa- before execution . has been fully had thereon, application for
execution
tive.
z>. 2ro.l thereof may be made against the legal representative, or the
estate of the-,
person so dying as-aforesaid; and if the Court shall think proper to grant
such application, the decree may be executed accordingly.
ORDINANCE hi'©. 13 of 1873.

Code of Civil Procedure.

. If the decree be ordered to be executed against the legal represent-
arose of
execution.

~ative, it shall be executed in the manner provided in section 70, para.
5, C cU. Qm.l
for the execution of a decree for money to be paid out of the property of
a
deceased person.

G. The hebistra.r on receiving any application for execution of a. record
of
stpptii;at.iou
decree, containing the partteu lai's above mentioned, Shall male a note
of for execution.

the application, and the date on which it was made.

7. The liegistrar may, at any time, take the direction of the
Covert tcenpibtrnr
nw to
as to, any application for execution and in the mean while refuse to
issue c7oartrpptY ,Ytzor
the writ. tiircction.

irn. 2za.l

r111 writs of execution slo all Lie issued in the order of application
for the same, unless the Court shall otherwise direct, p

?IIPCzszet'c'.s in certain ecrse.s hrelin;.u.'nary to tlee is.szzo of
execution.

73. If an interval of more than one year stall have elapsed between
the date of the decree and the application for its execution, or if the
enforce-
ment of the decree be applied for against the representative of an
original
party to the sLxyit, the Court shall issue a notice to the party against
whom
execution may be applied for, requiring him to show cause, within a
limited period to be fixed by the Court, why the decree should not be
executed against him: Provided that no such notice shall be necessary in
'consequence of an interval of more than one year having elapsed betaTeen
the date of the decree and the application for execution; i£ the
application
be made within one year from the date of the last order obtained on any
previous application for execution; and: provided further that no such
notice shall be necessary in consequence of the application being against
such representative, if upon a previous application for execution against
the same person, the Court shall'have ordered execution to issue against
him.

Execution, to
issue in order
of apt>tiea-
1 i 011.

Application
for execution
avfter interval
of one year,
or agaiusC. -,
rdpreseutR- .
five of '
ofiigirielpnrty.

2. When such notice is issued, if the party shall not appear, or shall
Order
not zbow sufficient cause to the satisfaction of the ('curt why the
decree fib 2i7.1
should not be forthwith executed, the Court shall order it to be executed

accordingly. If the party shall appear and shall offer, any objection .to
the enforcement of the decree, the'Court shall make s)aclt order as im the
circumstances of the case may seem to be jest and proper.
ORDINANCE No. 13 of 1813.

Code of Cival Procedure.

Issue oft he writ of execution.

74. Upon the application of the decree-holder the Registrar shail,
subject to the provisions of the last two precedinb.sections, issue the
proper

Xic.,,iStrar to
issue proper
writ of
execution.

Cn~.221.J wait for-the elocution of the decree.

LlxecutiorL of decrees for i7nrraoveccble prozwrty.

Obstruction . 75, If in the execution of a decree for: land or other
immovcable-
to execution
of decree. property, the officer executing the same shall be resisted or
obstructed by

rr, nun,

any person, the person in whose favor such decree was made may apply
to the Court at any time trithin one month fronr~ the time of such resist-
ance or obstruction. The Court shall fix a day for investigating, the
complaint, and shall summon the party against whom the complaint is

made to answer the same.

By defendant. 2.' If it shall appear to the satisfaction of the Court that
the obstruc-
yv: 22.1, trop or resistance was occasioned by the defendant or by some
person at.
his instigation, on the ground that the land or other immoveable property
is riot included in the decree, or on any other ground, the Court shall
enquire into the matter of the complaint, and make such odder as may be.
proper under the circumstances of the case.

-foil. 3. If the Court shall be satisfied, after such investigation of the
facts
Izv:22s:] of the case as it may deem proper, that the resistance or
obstruction
complained of was without any just cause, and that the complainant is
still resisted or obstructed in obtaining effectual possession of the
property
adjudged to hire by the decree, by the defendant or some person at. his
;: instigation, the Court may, at the instance of the plaintiff, and
without

`-'..Prejuilice to any proceedings to which such defendant or other pardon
may be liable for Brach .resistance or obstruction, commit the defendant
or
such other person to prison for such period not exceeding thirty days As.
may ~be necessary to prevent the continuance of such obstruction or
resistance.

~~vnyperson 4. If it shall appear to the satisfaction of the Court that
the resistance -
other than

tneae£enaznt or obstruction to the execution of the decree has been
occasioned by any

asserting m ,
emm.>o person, other than the defendant, claiming bona fide ~ to be in
possession
~zrse22a j= of the property on his own account or on account of some other
person

-. than: the defendant, the claim shall be numbered and registered as a
suit

between the decree-holder as plaintiff and the claimant as defendant, and.
ORDINA;NCE,No.' 1.3 ,o'F 1873.'.

Code of Civil Procediwe.,

the Court shall, without prejudice to any proceedings to which the
claimant
may be liable for such resistance or obstruction, proceed to investigate
the
claim in the same manner.,and with the like power as if a suit for the

property had

been instituted by the decree-holder against the claimant

under the provisions of this Code, and shall make such order for staying
execution of the decree, or eiecuting,the same, as it may deem proper in
the circumstances of the case.

5. If any person other than the defendant shall be dispossessed o£ any
land or other immoveable property in execution of a decree, and such
person shall dispute the right of the decree-holder to dispossess him- of
such property under the decree on the ground that the property was bona
,fide in his possession on his own account, or on account of some other
person than the defendant, and that it was not included in the decree, or
if included in the decree, that he was not a party to the suit in which
the decree was made, he may apply to the Cot:wt within one month from
the date of such dispossession ; and if, after examining the applicant, .
it
shall appear to `the Court that there is probable cause for making the
application, the application shall be numbered and registered as a suit
between the applicant as plaintiff, and the decree-holder as defendant,
and
the Court shall proceed to investigate the matter in dispute in `the =
samie~
manner and with the like powers as if a suit for 'the property had been'
instituted by the applicant against the decree-holder.

6. The decision of the Court under tile provisions contained in either
of the last preceding paragraphs shall be of the same force or effect as a
decree in an ordinary suit; and no fresh suit shall be entertained between
the same parties or persons claiming under them in respect o£ the same
cause of action.

'I6: If the decree be for money, and the amount thereof -is to be levied
moac of
attachment..
from the property of the person-.against whom the same may have been
[za:232.1
pronounced, the Court shall cause the property to ,be-attached in the
manner following. . -

Where righ(
of decree-
holder
disputed.
[1'v. .2sa.]

Effect of
decision
under two
last
paragraphs.

CHAPTER XII.

EXECUTION OF DECREES FOR MONEY BY

ATTACHMENT OF PROPERTY.
ORDINANCE No. 18 of 1873.

Code of Civil Procedure.

Moveable 2. Where the property shall consist of goods, chattels, or other
property in
possession of moveable property in the possession of the defendant, the
attachment shall
defendant.
[I b. 233.j be made by actual seizure, and the Sherif (' Bcxilif' as
amended by Ordi-
nance No. 22 of 1882] or,other officer shall keep the same in his custody,

and shall be responsible for the due custody thereof.

Where subject 3. Where the property shall consist of goods, chattels, or
other

to lien or
rights of third moveable property to which the defendant is entitled
subject to alien or

parti234.] 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 defendant.

Immoveable 4. Where the property shall consist of lands, houses, or other

(IL 235.1 immoveabl.e property, or any interest therein either at law or
in equity,
the attachment shall be made by a written order prohibiting the defendant
from alienating the property-by sale, gift, or in any other way, and all
persons from receiving the same by purchase, gift, or otherwise.

Debts and
shares in
public com-
com-
panies,
( ID. 238.a

.5.~Where the property shall consist of debts not being negotiable
instruments, or of shares in any public company or corporation, the
attachment shall be made by a written order prohibiting the creditor from
receiving the debts, and the debtor from making payment thereof to any
person whomsoever, until the further order of the Court or prohibiting
the person in whose name the shares may be standing from making any
transfer of the shares or receiving payment of any dividends thereof, and
the manager, secretary, or other proper officer of the company or cor-
poration frorii permitting any.such transfer of making any such payment,
until such further order.

Propeny,in. 6. Property in the custody or under the control of any public
officer
the custody
of a public in his official capacity shall be liable to attachment in
execution of a
officer or.
in w8toaia decree with the consent of the Attorney General, and property
custodid
~Ib '2ar.l leyis shall be liable also to attachment ty leave of the Court.
In such
cases, the order of attachment must be served on such public officer, or
on
the Registrar, as the case may be.
Negotiable 7. Where the property shall consist of a negotiable instrument,
the
instruments.
j ts' attachment shall be made by actual seizure, and the ~'~herif ('
Bailiff ' as
amended by Ordinance ATO. 22 of 1882 or other officer shall bring. the
same into Court,-and such instrument shall be held subject to the further
orders of the Court.
ORDINANCE No. 13 or 1873:

Code of Civil .Procedure.

8. In the case of goods, chattels, or other 'moveable ,property not in
the possession of the defendant, an office copy of the order shall be
delivered to the person ~n possession of the property. In the case of
lands, houses, or other immoveable property, or any interest therein, an
office copy of the order shall be registered in the Land office under
Ordi-
nance No. 3 of 1844. In the case of debts, office copies of the order
shall be delivered to or served upon each individual debtor. And in
case of shares in the capital or joint-stock of any public company or
corporation, an office copy of the order shad be delivered to or served
upon the manager, secretary, or other proper officer of the company or
corporation.

1.2aT

service of
prohibitory
orders.
[Ib. 239.]

9. After any attachment shall have been made by actual seizure, or
Private aiie-

nation after
by written order as aforesaid, and in the case of an attachment by
written attachment.

order, after it shall have been duly intimated and made known in manner
void uo,]
aforesaid, any alienation without leave of tUe Court o£ the property
attached, whether by sale, gift, or otherwise, and any payment of the
debt or debts or dividends, or shares to the defendant during the contin-
uance of the attachment, shall be null and void.

10. 'In every case in which a debtor shall be prohibited from making
payment of his debt to the creditor, he may pay the amount into Court;'
and such payment shall have the same effect as payment to the party

entitled to receive the debt.

17. In all cases o£ attachment under this chapter, it shall be com-
petent to the Court, at any time during the attachment, to direct that
any part of the property so attached as shall consist of money or bank
notes, or a sufficient part thereof, shall be paid over to the party
applying
for execution of the decree, or that any part of the property so attached
as may not consist o£ money or bank notes, so far as may be necessary
for the satisfaction of the decree, shall be sold, and that the money
which
may be realized by such sale, or a sufficient part thereof, shall be paid
to such party.

Paymernt;irttu~
Courtly
debtor.
[za. 24z.]

Court may
order money
or proceeds
of property
attached, or
any part
thereof to be
paid to the
decreeholder.
(IL.242.) ,

12. When the property attached shall consist of debts due to the
Appointment

of manager.
party who may be answerable for the amount of the decree, or of any [I b.
243.]
.

lands, houses, or other immoveable property, it shall be competent to.
the Court to appoint a manager of the said property, with power to sue
for the debts, and to collect the rents or other receipts and profits of
the
1258

Mortgage in
lieu of sale on
application
of judgment
{lebtor.

In absence
-of judgment
debtor, Court
may'otder
rnortga~ge in
lieu of sale.

Order for
withdrawal
of attachment
on satisfac-
tion of decree.
[1'L: 2:E5.1

ORDINANCE 'No. 13 0F 1873:

Code of Civil Procedure.

land or other immoveable property, and to execute such deeds or in-
struments in writing as may be necessary for the purpose, and to pay and
apply such rents, profits, or receipts towards t4e payment of the amount
of the decree, and costs ; or when the property attached shall consist of
land, if the judgment debtor can satisfy the Court that there is
reasonable
ground to believe that the amount of the judgment may be raised by the
mortgage of the land, or by letting it on lease, or by disposing by.

.

private sale of a portion of the land, or of any other property belonging
to the judgment debtor, It shall be, competent to the Court, on the
application of the judgment debtor, to postpone the sale for such period
as it may think proper, to enable the judgment debtor to raise the
amount. In any case in which a manager shall be appointed under this
section, such manager shall be bound to render due and proper accounts
of his receipts and disbursements, from time to tune, as the Court may
direct.

13. I£ the judgment debtor shall be, absent from Colony' and it
shall appear to the satisfaction of the Court that the public sale of any
of his property which has been attached, consisting of lands, houses, or
any interest therein, is objectionable, and that satisfaction of the;
(decree
may be made within a reasonable period by a temporary alienation of
such property, the Court may, o£ its own motion, instead of proceeding
to a public sale of such property, order that provisions be made for the

satisfaction of the decree by mortgage thereof, and may authorize the

Registrar, if necessary, to execute the mortgage deed in lieu 'of the
judgment debtor, or 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, or other necessary parties.

14. I£ the amount decreed with costs and all charges and expenses,
which mad be incurred by the attachment be paid into Court, or if
satisfaction of the~decree be otherwise made, an order shall be issued for
the withdrawal of the attachment; and i£ the defendant shall desire it;
and shall deposit in Court a sum sufficient to cover the expense, the:
order shall be notified in the same manner as hereinbefore prescribed for
the notification otthe attachment; and such steps shall be taken as may
be necessary,for staying further proceedings in execution of the decree. .
ORDINANCE No. 13 of 1873.

Code of Civil -71r-ocedure.

Of claims to attached property.
77. In the event of any claim being preferred to, or objection
offered anainst, the sale, of lands or any other imrnoveable or moveable
property which may have been attached in execution of a decree or under
any order for attachment made before judgment, as not liable to be sold
in execution of a decree against the defendant, the Court shall, subject
to the proviso contained in the next succeeding section, proceed to
investigate the same with the like powers as if the claimant had been.
originally made a defendant to the suit, and if it shall appear to the
satisfaction of the Court that the land or other immoveable or moveable
property was not in the possession of tile party against whom execution
is sought, or of some person in trust for hint, or iii ,tlle occupancy of
persons paying rent to him at the time when the property was attached,
or that, being in the possession of the party himself at such time, it
vas 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 said property front attachment, 13th if
it shall appear to the satisfaction of the Court that the land or other
immoveable or moveable property was in possession of the party against
whom execution is sought, as his own property, and not on account; of
any other person, or was in the; possession of some person in trust for
him, or in the occupancy of persons paying rent to him at the time when
the property was attached, the Court shall disallow the claim. The party
against whom the order nzay be given shall be at liberty to bring a suit
to
establish his right at any time within one year from the date of the
order.
2. The claim or objection shall be made at the, earliest opportunity
to the Court; and if the property to which the claim. or objection
applies,
shall have been advertised for sale, the sale. may ( if it appears
necessary
be postponed for the purpose of making the investigation mentioned in
the last preceding paragraph : Provided that no such investigation shall
n
be made if it appear that the rnaking of the claim or objection was
-designedly and unnecessarily delayed, with a view to obstruct the ends
of justice, and in such case, the clairriant shall be left to prosecute
his
claim by a regular suit.

Of sales in eavcution of decrees.

7$. Sales in execution of decrees shall be made under the direction
ztegi-,tray to
have conduct
of the Registrar, and shall be conducted according to %ucb orders, if
any, of sale.
.as~the Court may make on the application of any parties concerned, and
[rb.24s.)

Investigation
thereof by
the Court.
f Ib. 24Q.)

Claim or
objection to
be preferred
at the earliest
opportunity:.
t4b. 2,47. ]
Setting aside
sale for
irregularity.
(Ib. 257.)

When sale
becomes
absolute.
[Ib.l

Transfer to
purchaser by
certificate--
stamp duty-
rc:nistration.
(l L. 25D.]

ORDINANCE No. 13 of 1873.

Code of Civil Procedure.

all such sales shall be made by public auction : Provided that it shall be
competent to the Court to authorize the sale to be made in such other
manner as it may deem advisable.
A

2. At any tilde within ten days from tile date of the sale of any
immoveable property, application may be made to the Court to set aside
the sale on the ;round of any material irregularity in the conduct of the
sale, but no sale shall be set aside on the ground of such irregularity
unless the applicant shall prove to the satisfaction of the Court that. he
has sust0hed substantial injury by reason of such irregularity.

3. If no such application as is mentioned in the last preceding
paragraph be made, the sale shall be deenned absolute. If such application
be made and the objection be disallowed, the Court shall make an order
confirming the sale; and in like manner if the objection be allowed, the
Court shall make an order setting aside the sale for irregularity.

4. Whenever a sale of imn-loveable property is set aside, the purchaser
shall be entitled to receive back any money deposited or paid by him on
account of such. sale with or without interest to be paid by such parties
and in such manner as it array appear proper to the Court to direct in
each
instance.

5. After a sale of immoveable property shall have become absolute
in manner aforesaid, the Court shall grant a certificate to the person who
array have been declared the purchases at such sale. to the effect that he
has purchased the right, tine, and interest of the defendant in the
property
sold, and such certificate shall be liable to the same stamp duty as an
assianrnent 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 finder Ordinance ;.\
o. i
of 144.'

Delivery of 6. Where the property sold shall coxlsist of goods, chattels,
or other
moveable pro perty in pos- moveable property in the possession of the
defendant, or to the immediate
session of
defendant. possession of which the defendant is entitled and of which
actual seizure
,~rb.2az.] has been made, the property shall be delivered to the purchaser.

'1'0 which
defendant en.
titled subject
to lien. .

Ib. 282.]

r . Where the property sold shall consist of goods, chattels, or other
moveable property to which the defendant is entitled subject to a lien or
right of ally person to the immediate possession thereof, the delivery to,
the purchaser shall, as far as practicable, be made by the Sherif ['
Bailiff
'
ORDINANCE -No. -13 of 1$73.

Code of Civil Procedure.

.as amended In,/ Ordinance Nn. 22 of 1882] giving notice to the person in
possession prohibiting him from delivering possession of the property to

any person except the purchaser thereof.

8. If the property sold shall consist of a house, land, or other
ilnmoveable property, in the occupancy of a defendant, or some person
on his behalf, or of some person' claiming under a title created by the
defendant subsequently to the attachment of such property, the Court
shall, on the application of tile purchaser, order delivery thereof to be
made by putting the party to whom the boost, .land, or other inllnoveablc
property may have been sold, or any person whom he may appoint to
receive delivery on his behalf, in possession thereof, and, if need be, by
removing any person who may refuse to vacute the same.

Of immoce-
nble property
in the occu-
pftncy of a
defendant.
[Ib. 263.1

J. If the property sold shall consist of a house, land, or other in nmnl

immoveable property in the occupancy of other persons 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 house, land, or other irnmovcable property,
or in the Supreme Court building.

10. Where the property sold shall consist of debts not being nego=
tiable instruments, or of shares in any public company or, corporation,
the Court shall, on the application of the purchaser, make an order
prohibiting the creditor from receiving the debts and the debtor from
making payment thereof to any person or persons except the purchaser,
or prohibiting the person in whose name the shares may be 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.n

oc;cnpancy of
other persons.
(Tb. 264.E

Of debts and
shnros in ~ . '
public com-

Fantes.
ib. 265 .
]

11. Where the property sold shall consist of negotiable securities of of
negotiable

securities.
which actual seizure has been made the same shall be delivered to the
[zb. 266.]
purchaser thereof.

12. If the indorsement; transfer, or conveyance of the .arty in Txarisfer
of

,-;ecuritirs and
whose name any negotiable security or guy share in a public company or
svales.
corporation is standing, or in whom any mortgage or~equity of redemp-
tion shall be vested, shall be required to transfer the same, the
Registrar
ORDINANCE No. 13 of 187..

Code of Civil Procedure.

may indorse the security or the certificate of the share, or may execute,
such other document as may be necessary for transferring the same. The
indorsement or execution shall be in the following form, or to the like
effect:-' A. h. by C. D., Registrar of the Supreme Court of Hongkong;
in a suit by IiJ. h'. versus A. B.' Until the transfer, of such security
or-
share, the Court may, by order, appoint some person to receive any
interest or dividend due thereon, and to sign receipts for the same; and
airy inforsement made, or document executed, or receipts signed, as.
aforesaid, shall be as valid and effectual for all purposes, as if the
same
had been made or executed or signed by the party himself.

obstruethrg 13. If the purchaser of any immoveable property sold in
execution
purchaser iu
obtaining of a decree shall, nob'withstanding the order of the Court, be
resisted or
ossession,
~IL,26&.~ obstructed in obtaining possession of the property, the
provisions con-
tained in section 75 ,relating to resistance or obstruction to a party in
whose favor a suit has been decreed in obtaining possession of the
property
adj edged to him, shah be applicable, in the case of such resistance or
obstruction.
o4htrnotion 14. If it shall appear that the resistance or obstruction to
the delivery
hy.elaimavts
other than of possession was occasioned by any person other thin the
defendant
oiefendant.
l.z%, 2e0.] 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
posses-
sion to the purchaser any such person claiming as aforesaid shall be
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 enquire into the matter of the complaint and make such order
as may be proper in the circumstances of the case. The party against'
,whom it is given shall be at liberty to bring a suit to establish his
right
at tiny time within one year from the date thereof.

Of the execution of decrees by imprisonment.

79, When a defendant is committed to prison .in execution of -a

allosvanoe to
pidsonerior decree, the Court shall fix whatever monthly allowance it
shall think
( at2ya.l, . sufficient for his subsistence, not exceeding twenty-five
cents per dad,
which shall be pa;,d by the party at whose instance the decrae may have_
been executed, to the Superintendent of the Gaol by monthly payments,
ORDINANCE No. 18 of 1873.

Code of 01vil Procedure.

in advance, before the first day of each month, the first payment to be
made for such portion of the current month as may remain unexpired
before the defendant is committed to prison.

2. In case of the serious illness of any defendant imprisoned under
a' decree for debt, it shall be lawful for the Court on the certificate
of the
Colonial Surgeon to make an order for the removal of the defendant to
the Government Civil Hospital, and for his treatment there under custody
until further order, and the period of the defendant's stay in hospital
shall be counted as part of his term of imprisonment for debt, and his
subsistence money shall be paid as if no such order had been made.

3. A defendant shall be released at any time on the decree being
fully satisfied, or at the request of the person at whose instance he may
have been imprisoned, or on such person omitting to pay the allowance
as above directed. No person shall be imprisoned on account of a decree
for a longer period than one year, or for a longer period than six months
i£ the decree be for the payment of money not exceeding five .hundred
dollars, or for a longer period than three months if the decree be for the
payment of money not exceeding one hundred dollars.

4: Sums disbursed by a plaintiff 'for the- subsistence of a defericfat

in gaol shall be added to the costs a£ the decree-and shall be
reeoveralilo~
by the attachment and sale o£ the property o£ the defendant; but the
defendant shall not be detained in custody or arrested on account of any
sums so disbursed.

Removal of
prisoner for
debt in case
of illness.

Release of
prisoner for
debt.

Term of im-
prisonment
~or debt.

subsisEeaoe
monoyeto-be
added to,
amount of
decree.
[Ib. 279.]

h. Any person in confinement under a decree may apply to the Application
Court for his discharge. The application shall contain a full account of
Pro

for cedure on
all property of whatever nature belonging to the applicant, whether in
such applies.
expectancy or in possession, and whether held exclusively by himself or
[Ia. zs°:]
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 such application shall. be subscribed by the applicant and
verified on affidavit.

ra. On such applicatian being made, the Court shall cause the execu-
Unjustifiable
tion. creditor to be furnished kith a copy of the account of the
defendant's extravagance.
property and shall fix a reasonable period within- which the execution .
creditor may cause the whole or any part of such property to be attached
Wilful con-
cealment of
property.

Fraudulent
transfers.
Act of bad
faith.

ORDINANCE. No. 13 of 1873.

Code of Civil Procedure.

and sold, or may make proof that the defendant's inability to satisfy the
decree is attributable to unjustifiable extravagance in living or that
the'
defendant, for the purpose of procuring his discharge without satisfying

the decree, has wilfully concealed property, or his right or interest
therein, or fraudulently transferred or removed property, or,committed
any other act of bad faith. If the execution creditor shall fail to make
such proof, the Court shall cause the defendant to be set at liberty. If
the execution creditor shall within the time specified, or at any
subsequent
period, make such proof to the satisfaction of the Court, the Court shall
retain the defendant in confinement, unless he shall have already been in
confinement on account of the decree for the full term of his
imprisonment.

Continuance . 7. A defendant once discharged shall not again be imprisoned
on
of liability of
debtor's pro- account of the same decree, but his property shall continue
liable, under
It9~ the ordinary rules, to attachment and sale until the decree shall be
full
b.282.] y ~ y

satisfied.

Decision of ' . 8. ~ All questions regarding the amount of any mesne
profits which
questions as
to mesne 'by the terms of tile decree may have been reserved for
adjustment in the
profits execution of the decree, or of any mesne profits or interest which
may be
bee, In. Co. payable in~respect of the subject matter of a suit between
the date of the
An. 1861 institution of the suit and execution of the decree, as well as
questions
relating to sums alleged to have been paid in discharge or satisfaction of
the decree or the like, and any other questions arising between the
parties
to the suit in which the decree was made and relating to the execution
of the decree, shall be determined by order of the Court.

Enforcement of orders.'

By leave of $0. Any order of the Court made in any suit or proceeding may
the Court.
be enforced by leave of the Court., in the manner hereinbefore provided
for~the enforcement.of decrees. .

Commitment for disobedience to a decree or order.

Application $1. Where any person is guilty of wilful disobedience to a
decree

for order .-
agaxn$tperson or order, the person prosecuting the decree or order shall
be entitled to
~r1ty J' B, apply to the Court for an order on the person disobeying such
decree or
z¢z.~ order to show cause why he should not be punished for the
disobedience.
The Court, unless,at sees good reason to, the contrary, shall; on such
application, make an order accordingly.
ORDINANCE No. 13 0V .1373.

Code of Civil F4vredure.

2. The Court shall not grant the order except on evidence on :oath
Evidence in
or affidavit establishing such a case, as if uncontradicted and
unexplained; [ia j rt'
would justify the immediate commitment of the person disobeying the
decree or order.

3. A certified copy of the order and of the affidavit or deposition on
copy to be
served,
which the order is granted shill be served on the party to whore the lib.]
order is directed.

4. 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 th;Lt tile order has been duly
served,-or if he attends and does not show cause to the satisfaction of
the Court why he should not be punished for the disobedience,--the
Court may issue a warrant for his commitment to prison.

5. The Court may enlarge the time for the return to the order, or
may, on the return of it and under circumstances which would strictly
;justify the immediate commitment of the person builty~of the
disobedience,
direct that the warrant for his c:)mmitlnent shall issue only after a
certain
time and in the event ~of his continued disobedience at that time to. the
decree or order in respect of which he has been guilty of disobedience.

6. A person committed fur disobedience to a decree; or order ,is, liable
to be detained in custody until he has obeyed the decree or order in ia;ll
thins that are to be immediately performed, and given such security as
the Court thinks fit to obey the other parts of the decree or order (if
any)
at the future times thereby appointed;--or in case of his no longer havin0
the power to obey the decree or order, then until he has been imprisoned
for such time or until he has paid such fine as the Court directs.

PART Iv.

FOREIGN ATT9CHNIENT AND OTHER
SPECIAL SUITS.

CHAPTER XIII.
Foreign attachment. *

Proceedings
on return-day.
lzb. z42.J

enlargement
of time and
conditional
order.

Duration of
detention.
[Ib. 143.J

* See Ord.
No. 2 of 1855. ~

82: Proceedings by foreign attachment may be, taken in manner In what
cases.
hereinafter prescribed in all suits founded, on contract;,or for detinue
or
trover provided that the cause of action arose within the jurisdiction.
1266

OYDINA\Cli; No. 13 of 1873.

Cbde of Civil Procedure.

Afflaavtttobe I Upon. the filing in Court by the plaintiff in any such
suit of an
filed. affidavit to the following effect, that is to say:-

(a.) 'that the cause of action arose wiChin the jurisdiction; f

(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;

(c.) That the defendant is beneficially entitled to lands, or to any
interest therein, within the j urisdiction, or to. any movies,
securities for money, goods, chattels, or other property
whatsoever within the jurisdiction in the custody, or
under the control of any other person within the
jurisdiction, or that such other person (hereinafter called
the garnishee) if. indebted to the defendant;

Issue of writ.: , the Registrar may issue a writ of general attachment
against all the
prop erty moveable and irizmoveable of the defendant within the jurisdic-
tion which 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.

Absence from 3. Absence from the Colony shall for the purpose of
proceedings by
the Colony. foreign attachment be taken to be absence for the time being,
whether the
party shall ever have been within the Colony or not.

Bond to: be
entered.into
before issue of
writ.

4.,-13efore any such writ shall issue, the plaintiff or some one 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 leave shall, at any time

s

within the period limited by this Ordinance in that behalf, cause the
writ
to be set aside, or any judgment which may be given in the suit to be
reversed 'or varied, the plaintiff will pay to the defendant all such
sums of
money, damages, costs and charges as the Court may order and award on
account of, or in relation to the said suit and the said attachment.or
either of them: Provided that the Court shall not award a larger amount
of damages than it is competent to decree in an action for damages and
such award shall bar any suit for damages in respect of such attachment
ORDINANCE ho. 13 of 1573.

Code of Civil Procedure. '

a. The bond shall be in such form as the Court mayT,. from tune to ro~m
thereof.
time, or in any particular case, approve and direct, and shall be entered
into before the liegistrar,,and deposited in Court; and whenever it shall
be
made to appear to the satisfaction of the Court upon affidavit or other-.
wise that under the circumstances it is expedient that the writ should

issue forthwith and before the bond shall have been entered into as afore-
'
said, the Court may order the writ to issue accordingly, upon such terms,'

as it shall 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; and in the case
of default of complying with the requirements of such order within the
time thereby limited, the Court may dissolve the writ, and thereupon may
award costs and damal;es to the defendant in the manner hereinbefore
provided in the case of a writ being set aside or a judgment in the suit
being reversed or varied.

G. All writs of foreign attachment against moveable property. shall Writ
how

executed.
be executed by the S7airiff 13adiff as amended by Ordinance No. 22 of
x882.) ..

7. Where two. or more writs of foreign attachment shall issue at
the priatita of
w
suit of different plaintiffs, they shall take priority respectively
according
to the date and time at which they reach the hands of the S7aerif [11
Bailiff '
as amended by Ordinance No. 22 of 1882 for execution. The Sheriff
[' Bailiff' as amended by said Ordinance] shall indorse upon the writ the

date and time of the receipt thereof.'

8. Property in the custody or under the control of any public officer
Property i»

custody of n .
in his official capacity shall be liable to attachment with the consent
of public offlcer,

or in aicetodia
the Attorney General ; ,and property in custodic2 legis shall be , liable
to regz-S.
attachment by leave ;of the Court. In such cases, the writ of foreign

.attachment must be served on smh public officer, or on the Registrar, as.

the case may be.

9. Where the defendant is beneficially entitled to lands or any interest
therein a memorial containing a copy of the writ of foreign attachment
shall be registered in the land office established under Ordinance No. 3
of
1844 in a special book to be kept for the purpose and. to be called the
'.Foreign Attachment Book;' and the date and time of such registration
hall be duly noted gild entered in the said book; and in case such writ

How lands
attached.
Memorial to
be registered.
3..68

ORDINANCE No. 13 of 1873.

Code of Civil Procedure.

of foreign attachment shall be dissolved, or the judgment in the suit
shall
be satisfied, a certificate to that effect under the hand of the Registrar
and the seal of the Court may be filed at the Lend Office, and thereupon
c;aneenat:o i the memorial shall be deemed to have been cancelled. The
fees payable
thereof. to the Land Office shall be for the rebistration of such memorial
one dollar;
and for the filing of such certificate one dollar, and no other fees
shall be-
chargeable by the Land Office in respect thereof.

Effect of re- 10. From the tune of the registration in the Land Office of
the-
gistration of
memorial. memorial of a writ of foreign attachment, all lands within the
jurisdic-
tion, or any interest therein to which the defendant mentioned in such
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.

Effect °f 8er-, 11. From the time of the service upon the garnishee of a
writ of
vice of writ
attaching foreign attachment, all property whatsoever, within the
jurisdiction other,
moveable
property. than lands, or any interest therein; to which the defendant
mentioned in'
such writ is then beneficially entitled, whether solely or jointly with
others and which is in the custody or under the control of the garnishee,
and all debts then due or accruing due by the garnishee to the defendant,
shall, to the extent of the defendant's interest therein, and subject to
Crown debts and to any bona ,fide prior title thereto, or lien or charge
thereon, and to the rights and powers of prior incumbrancers, be respect-
ively attached in the hands of such garnishee, to satisfy the claim of the

plaintiff.

Sale of moor 12. The Court may, at any time before judgment, upon such
grounds
able pro.
perty by as It shall deem sufficient, order any property, other than
lands, or any
`~o et°f interest therein, attached under such wait to be sold in such
manner as it
shall direct and the net proceeds to be paid into Court.

Punishment
of garnishee
disposing of
attached pro-
perty without
leave.'-

13. Any garnishee who shall without leave or order of the Court,
at any time after the service of the writ and before the attachment shall
be dissolved, knowingly and wilfully part with the custody or control of
any property attached in his hands, or remove the same out of the
jurisdiction of theCourt, or sell or dispose of the same, or pay over any
debt due by him to the defendant excepting only to or to the use of the-
ORDINA\CE No. 13 of 1873.

Code of Civil Procedure.

plaintiff, shall pay such damages.to the plaintiff as the Court shall
award
and he shall be deemed guilty of contempt o£ Court: Provided that the
Court shall not ward a larger amount of damages than it is competent
to decree in an action for damages and such award shall bar any suit for
damages in respect of such attachment.

14. In all cases where it shall be made to appear to the satisfaction
custody by
of the Registrar by affidavit or otherwise that there is reasonable cause
Sheriff.
to believe that any property attached is in danger of being removed out
of the j urisdiction, or of being sold, or otherwise disposed of, the
Registrar
may by an order in writing, direct the Sherif [' .Bailr: f ' as amended by
Ordinance No. 22 of 1882] to seize such property and detain tire same,
subject to the order of the Court; and the S7rerif [`'.Bailiff' as amended
by Ordinance 11'0. 22 of 1882 shall thereupon seize and detain such
property accordingly.

15. Notice of the issue of the writ of foreign attachment shall be xoti°e
of
foreign at-
inserted twice in the Gazette . and twice in some local newspaper, unless
to°bment,
the Court shall, by reason of the defendant having entered an appearance,
or upon any other ground, dispense with the publication of such notice.,

16. In cases where tine place of residence o£ the defendant out of the
jurisdiction, shall be known, the Court may, if it shall think fit, upon
the application of the garnishee, or of any friend, or agent of the
defend-
ant, or of its own motion, and upon such terms as it may deem reasonable,
order that notice of the writ be served upon the defendant out of the
jurisdiction and that further proceedings be stayed until further order,
but without prejudice to the attachment under the writ.

N°tioe.to,,
absent de-
fendant may
be ordered,

17. After the issue of the writ of foreign attachment, (but subject
Proceedings
.
after issue of
to the provisions of the last preceding paragraph) the plaintiff may writ.
forthwith file his petition, and upon such day after the return of the
writ as the Court shall appoint, may proceed to establish his claim as in
ordinary suits in which there has been due service o£ the writ of sum-
mons' and leave has been obtained to proceed ex parte.

18. Upon the hearing of the petition; the Court shall proceed t0
examination.
enquire and determine whether in fact the plaintiff's case is within the
°f garnishee.
provisions herein contained relating to foreign attachwnt and whether
the plaintiff has established his claim and shall pronounce judgment
1270

Power to-
summon any
person as a
witness.

Proceedings
on judgment.

'hlxecation:

Dissolution.
of writ.

Attachment
of ships.

ORDINANCE No. 13 0,1873:

Code of Cavil Procedure.

accordingly; and. if the plaintiff shall obtain a judgment, the Court may,
at the same or any subsequent sitting, examine or permit the plaintiff:
to examine the garnishee and any other persons, and .determine what
property moveable or immoveable is subject to _attachment under the,
writ issued.

19. The Court may, of its, own motion, or at the instance of any
person interested in the enquiry, summon any person whom it may think
necessary and examine him in relation to such property and may require
the garnishee as well as the person summoned as aforesaid~to produce all
deeds and documents in his possession or power relating to such property.

20. If the plaintiff shall obtain judgment, the Court may; at the
time of pronouncing the decree in favor of the plaintiff, -or at any sub-
sequent sitting, order that execution do issue against all or any part of
the property attached which the Court shall have declared to be liable to
satisfy the plaintiff's claim and all the provisions of this Code
relating to
eitecution of decrees in ordinary suits shall apply to execution so
ordered
against the. said property.

21. .If the plaintiff shall fail to obtain judgment, the Court shall
thereupon dissolve the writ of foreign attachment issued at his suit.

22. Whenever there shall be two or more adverse claimants to any
goods laden on board of any ship, and such ship shall be attached in a
suit against the shipowner for the non-delivery of such goods, the Court
may, in its discretion; on the application of the master, or of the agent
of the shipowner, stay the proceedings upon such terms as the Court
shall deem reasonable and order such goods to be landed' and warehoused
in czcstodaa legis without prejudice to the master's lien thereon, and may
dissolve the attachment against the syip and may make such orders as,
may,,be necessary for the determination of the rights of such adverse.
claimants upon such terms, as to security and other matters, as may
seem just.

23. Whenever there shall be several claimants to any property
attached or to any interest therein, the Court may, in its discretion,
summon before it~all the claimants and may make such orders for the
ascertaining of them: respective rights and for the custody of the
propertyF
ORDINANCE.1V'o.. '13.aF: .1873.'1

Code of avid Frocedure.

in the meanwhile as it shall, in its discretion, think fit .either under
this
provision, or the provisions of this Code relating to adverse claims and
to
claims to attached proper.

24. The Court may stay proceedings in any suit commenced against stay o£
pro.
a garnishee in respect -of property attached in his hands, upon such
terms ceainat gar-

nishee.
a$ it shall think fit.

25. The Court at any time before judgment, upon being. satisfied by Leave
to de.

fend
fend
or otherwise that the defendant has a substantial ground of
judgment.before
defence, either wholly or in part, to the suit on the merits, may, give

leave to the defendant to defend the suit, without prejudice to the'

attachment under the writ.

26. , The defendant, at any time before any property attached in the
suit shall have been sold in satisfaction of the plaintiff's claim, may
apply
to the Court upon notice of motion for an order to dissolve the attachment
under. the writ as to the whole or any part of the property attached, upon
security being given to answer the plaintiff's claim, and the Court may
make such order, either absolutely or upon such tercrls as it may deem
reasonable, and in the meanwhile may stay or postpone any sale.

27. The defendant may at any tithe within two years,from the. date
of the judgment, notwithst.ainling that the property attached, or any part
thereof, shall have been 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-hearing of the suit and for leave to defend the same ; and
if it shall appear to the satisfaction- of the Court that the defendant
had
no notice or knowledge of the suit 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 suit on the merits, it shall be lawful
for
the Court to grant such order upon such terms as it may deem reasonable.

28. The reversal or setting aside of a ,judgment, or the dissolvlng.or
setting aside of any writ of foreign attachment, or any .subsequent -
prQceedings, shall not affect the title of any bond fzde- purchaser for
~a-luable consideration, of any property sold in satisfaction of the
plaintiff's

alaimE.

Release of
property at-
tached on
security being
given.

snit may be
re-opened
within two
years after
judgment.

Reveraal:o£
judgment
not to affect
purchasers.
Leave to
defend.

1279.

ORDINANCE IV'o: 13 bF 18r3

Code of Civil Procedure.

CHAPTER XIV.

Claims against the Government.

fn what cases 83. All claims against the Government of the Colony of the
same
maybeprefer- nature as claims within the provisions of 'The Petitions of
Right Act

red-In what p b

1860,' ~ may, with the consent of the Governor, be preferred in the
Supreme Court in a suit instituted by the claimant as plaintiff against
'The Attorney General' as defendant.
To, be nom. 2. It shall not be necessary for the plaintiff to issue a writ
of sum,
menced by .
petition. irons, but the suit shall be commenced by the filing and service
of the
petition upon the Crown Solicitor.
Consent of 3. The Crown Solicitor shall transmit the petition to the
Govern-
°Governor-
Procedure inert and in case the ,,Governor shall grant his consent as
aforesaid, the
thereon. suit may proceed and be carried on under the ordinary procedure
provided
by this Code.

Service' of,4. The petition and all other documents, notices, or
proceedings
petition, &c. which iii a : suit, of the same nature between private
parties would be
required to be sewed upon the defendant, shall be served upon the Crown
Solicitor. -

Proceedings 5. Whenever in any such suit a decree shall be made against the
on decree. Government, no execution shall issue thereon, but a copy, of
such decree,
under the seal of the Court shall be transmitted by the Court to the
Government.

CHAPTER XV.

,Summary procedure on bills of exchange and promissory .notes:

In whatcases. ~ $4. Suits on bilks of exchange or promissory notes,
instituted within
(See Orel. No. 7 of 1860. IS . six months after the same became duE and
payable, may be heard and

y19V.c.By
C. 't .r.x.rs.l

determined in a summary way as hereinafter is ,provided.

2. The Court. shall, on application, within seven days from the
service of the writ of summons, give the defendant leave to. defend the
suit on his `haying into Court the sum indorsed; or, on evidence on: oath
showing to the satisfaction of the Court a good legal or equitable defence
or, sucl5, facts as would make it incumbent on, the bolder to .prove con
siv
deration, or such other facts as the Court deems sufficient to
suppoxt..`the
ORDINAVTC E Leo: I3o-F18'T3:.

Code of Civil Procedure.

application, and on such terms as to security and other matters, as to the
Court seems fit; and in that case, the Court may direct proceedings to
be taken and. carried on by petition in the ordinary way.

3. If the defendant does not so obtain leave to defend, the plaintiff,
on proof of due service of the writ of summons, shall be entitled. as of
course at any tune after the expiration of such seven days, to an imme-
diate absolute decree for any sum not exceeding the sum indorsed on the
writ of summons, tonether with interest at the rate specified, to the date
of the jud0gment and with costs.

Proceedings
where leave.
not obtained.
[lb. 20.]

4. After judgment the Court may under special circumstances set setting
aside
aside the judgment, and may stay or set aside execution, and may give .
judgment. zi jt'

leave to defend the suit, if it appears to the' Court reasonable so to
do, nn
such terms as to the Court may seem just.

5. In any proceeding under this section, it shall be competent to the
Court to order the bill or note sought to be proceeded on to be forthwith
deposited in, Court, and further to order that all proceedings be spayed

until the plaintiff gives security for costs.

6. The hol<ler of ;a dishonored bill or hote:shall have the sailze.reine-
dies for the recov.~ry of the expenses incurred in the.notina of the same.
for non-acceptance or non-payment, or incurred otherwise by reason of
the dishonor, as he has: under this section for the recovery of the amount
of the bill or note.

i. The holder of a bill or note may,. if he thinks $t, obtain one writ
of summons under the present provisions against all or any: of the parties
to the bill or note; and such writ of summons shall beahe commencement,:
of a suit. or suits against the parties therein named respectively; and
all
subsequent proceedings against such respective parties shall be carried
on,
as far as may be', as if separate writs of summons had.issued. , _.

8. The writ of suinmons or its iudorsement must set forth the claims
against the parties respectively,, . according; to , their. : respective
alleged
liabilities, with sufficient precision and certainty to ~enable~each,
defendant?
to setup any defence on which he ivdividuaUy nay desire, to relx. ; : _;
:.: 3

Deposit of
bill in Court.
[rb. 22.]

Beourityfox: `~
costs..

Holder's ex-
pensee of
noting, &c.
[Ib.23.], , .

One.writ-
:
against all
artier.

Writ must set
forth claim
with preci-
sion.
jSae C. L. P.
A et, 1854 ss.
,es.y4.7

Mandamus

may be
claimed by
indoraement
on'the writ.

What the
petition '
,should get
forth.

ORDINANCE No. I3 of 1873.

Code of Civil Procedure.

CHAPTER XYI.

Mandamus.

85. The plaintiff in any action except 2tPplevin and ejectment, may
indorse upon the writ and copy to be served, a notice that the plaintiff
intends to claim a writ of mandamus, and the plaintiff may thereupon
claim in the petition either together with ~ any other demand which may
now be enforced in such action, or separately, a writ of mandamus com-
manding the defendant to fulfil any duty in the fulfilment of which the
plaintiff is personally interested. '

2. The petition in such action shall set forth sufficient grounds upon
which such claim is founded, and shall set forth that the plaintiff is
per-
sonally interested therein, and that he sustains, or may sustain, damage
by the non-performance of such duty and that performance thereof boar
been demanded by him, and refused, or neglected..

Proceedings 3. The proceedings in any action in which a writ of mandamus as
thereon.
claimed, shall be the same in all respects, as. nearly as may be, as in an
ordinary action for the recovery of damages.
Judgment 4.~ In case judgment shall be. given for the plaintiff that a~
mandamus

andeaecution, do issue, it shall be lawful for the Court, if it shall see
fit to .issue a

peremptory writ of mandamus. to tile defendant, commanding him forth-
with to perform the duty to be enforced, and such writ in case of disobe-
dience may be enforced by attachment.
Form of writ. 5. 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 sheriff, and returnable forthwith;
Retnrn.o£, and no return thereto, except that of compliance, shall be
allowed, but
time to return it may, upon sufficient grounds, be allowed by the Court
either with or without terms.

ai? ! Court may . 6. The Court may, upon application by the plaintiff,
besides or.

be done cat the instead of proceeding -against the disobedient- party by
attachment, direct

tense of
he defend. that the act required to be done may be done by the plaintiff,
or some:
ant' other person appointed by the Court, at the expense of the defendant;
and upon the act being done, the amount of such expense may be ascer-
tained by the Court itself; or by reference to the Registrar, as the Court
' thay, think fit to order ; and the Court may. order payment of the amount
of such expenses and costs, and enforce payment whereof by execution.
ORDINANCE. No. -13 oF :137;3.

Code of Civit.PTOCedtcre.

CHAPTER XYTI.
Suits inform c2 paupenis.

86. Any poor 1>ersQn, before commencing or defending any action or
suit 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, which petition shall be supported by an affidavit of the
petitioner, and of two householders living in his neighbourhood, that
he is not possessed of property to the amount of fifty dollars in value,
excepting wearing apparel and the matter or thing claimed by him
in the action or suit i£ he be plaintiff, and thereupon it shall be
referred
to a barrister to consider the case; and upon the petitioner producing a
certificate, signed by such barrister, that he has considered the case,
and believes him to have a good cause of action or defence, as the case
may be, it shall be lawful for the Court to admit the petitioner to sue or
defend, as the case may be, in ,forma pczuperis; and also to appoint a
barrister and attorney to appear for him.

2. No person shall be admitted to sue in forma pouperis, unless he
shall have filed in Court an affidavit containing a full statement of all
the material facts of the case to the best of his belief:

8. If in guy case the Court thinks fit to assign a counsel or attorney
to assist a person admitted to sue or defend in form& pauperis, or to
consider
the case and give such certificate as aforesaid, the counsel or attorney
so
assigned may not refuse his assistance unless he satisfies the Court that
he has some good reason for refusing:

4. No fee shall be taken by any barrister or attorney so assigned,
nor shall any fees of Court be demanded by any officer of the Court from
any person applying or admitted to sue or defend as a pauper; but if he
succeed, and the costs should be awarded to be paid by his opponent, then
the barrister and the attorney so assigned, shad be entitled to, and shall
receive all such fees as the Registrar of the Court shall allow to them on
taxation, and such Court fees as would, in other cases, be chargeable
shall be charged and recovered.

5. Any person having been admitted to sue or defend as a pauper,
.and becoming of ability during the progress of the cause, or misbehaving
himself therein by any vexatious or improper conduct or proceeding, or
v.ilfully delayirin.the cause, shall, on the~saxne being shown to-the
Court,
be deprived of all.the privileges of such admission.

1.275

How person
admitted to
sue or defend.
[ C. y J. R.
264.1

Affidavit of
material
facts,

Counsel and
attorney
assigned
bound to get.
[Ib. 2G6.]

No fee or
reward shall
be given by
pauper.
i(IL. 2GG.J

When person
so suing may
be dispau-,
eyed.
~Ib. 2G7.J
1 1276

ORDINANCE No. 13. of 1813.

Code of Civil Procedure.

PART v.

LSee c. z. p PROCEEDINGS BY AGREEMENT OT PARTIES-
4~yss,z,8. APBI1'RATION-MISC ELLANI:OUS
PROVISIONS. .

CHAPTER XVIII.
Issues by a,qreement of parties.

Yorm of, Ana $7, When the parties to a suit are agreed as to the question
or
proceedings
` questions of fact or of law to be decided between them, they may state
the
f1¢2.1 ~ same in the form of an issue, and enter into an agreement in
writing, which

shall not be subject to any stamp duty, that upon the finding of the Court
in the affirmative or the negative of such issue, a sum of money specified

in the agreement, or to be ascertained by the Court upon a question
inserted in the issue for that purpose, shall be paid by one of the
parties
to the other of them or that upon such finding some property specified in
the agreement, and in dispute in the suit, shall be delivered by one of
the
parties to the other of them, or that upon such finding one or more of the
parties shall do or perform some particular act, or shall refrain from
doing
or performing some particular act, specified in the agreement, and having

reference to the matter in dispute.

ruag,nct. 2. If the Court shall be satisfied, after an examination of the
parties,
t zb. r4a.l
. and taking such evidence as it may deem proper, that the agreement was
. duly executed by the parties and that the parties have a bona fide
interest
in the decision of such question, and that the same is fit to be tried and
decided, it may proceed to try the same, and deliver its finding or
opinion
thereon in the same manner as if the issue had been framed by the Court,
and may, upon the finding or decision on such issue give judgment for
the sum so agreed on, or so ascertained as aforesaid, or otherwise accord-
ing to the terms of the agreement; and upon the judgment which shall
be so given, decree shall follow and may be executed in the same way, as
if the judgment had been pronounced in a contested suit.

How questions may be raised for the decision of the Court
by any persons interested.

Form and $$, Parties interested or claiming to be interested in the
decision
contents of -
a,&rcemert. of any question of fact or law, may enter into an agreement,
which shall

(1b. 3Q8.]

not be subject to any stamp duty, that upon the finding of the Court in.'
ORDINANCE No., 13 of 1873.

Code of Civil Procedure.

the affirmative or negative of such question of fact or law, a sum of
money
fixed by the parties, or to be determined by the Court, shall be paid by
one of the parties to the other of them; or that some property, moveable

T

or imrnoveable, specified in the agreement, shall be delivered by one of
the parties to the other of them ; or that one or more of the parties
shall
do or perform some particular act or shall refrain from doing or
performing
some particular act specified in the a,,ereement. Where the agreement is
for the delivery of some property, moveable or immoveable, or for the
doing or performing or the refraining to do or perform any particular act,
the estimated value of the property to be delivered, or to which the act
specified, may have reference, shall be stated in the agreement.

I2i7

2. The agreement shall be filed in Court, and, when so ailed, shall be
Agreement to

be filed and
numbered and registered as a suit between the parties interested as plain-
numbered
tail's and defendants, and all the parties to it shall be subject to the
juris- [1b. 329.]
diction of the Court, and shall be bound by the statements contained

therein.

3. The case shall be set down for hearing as an ordinary suit; and
if the Court shall be satisfied, after hearing the parties and taking such
evidence as it may deem proper, that the agreement was duly executed
by the parties, and that they have a bond fide interest in the question of
fact or law stated therein, and that the same is fit to be tried or
decided,
it shall proceed to try the same, and deliver its finding or opinion
thereon
in the same way as in an ordinary suit; and shall, upon its finding or
deciding upon the question of fact or law, give judgment for the sum
fixed by the parties, or so ascertained as aforesaid, or otherwise,
according
to the terms of the agreement, and upon the judgment which shall be so
given, decree shall follow and may be executed in the same way as if the
,judgment had been pronounced in an ordinary suit.

CHAPTER XIX.

R2fEr8)2Ce to arbitration.

Judgment,
(Ib. 331.a

89. If the parties to a suit are desirous that the matters in difference
Application
for order of
-between them in the suit, or any of such matters, shall be referred to
the, reference.
final decision ,of one or more arbitrator or arbitrators, they may apply
to frb. 3rz.1
the Court at any time before final judgment for an order of reference, and
such order shall be. filed with the proceedings in the snit.
ORDINANCE No. 13 of 1873:

Code of Civil Procedure.

Appointment 2. The arbitrators shall be nominated by the parties in such
manner
of arbitra
tore. as may be agreed upon between them. If the parties cannot agree with
t1b.314.] respect to the nomination of the arbitrators, or if the persons
nominated
by them shall refuse to accept the arbitration, and the parties are
desirous
that the nomination shall be made by the Court, the Court shall appoint
the arbitrators.
Order of re- 3. The Court shall, by an order under its seal, refer to the
arbitra-
ference.

AM 815.] tors the matters in difference in the suit which they may be
required to
determine, and shall fix such time as it may think reasonable for the
delivery of the award, and the time so fixed shall be specified in the
order.
Appointment 4. If the reference be to two or more arbitrators, provision
shall be
of umpire
where neces made in the order for a difference of opinion amono, the
arbitrators, by
rla '316.1 the appointment of an umpire, or by declaring that the decision
shall be

. with the majority, or by empowering the arbitrators to appoint an umpire

or otherwise as may be agreed upon between the parties; or if they
cannot agree, as the Court may determine.

Enforcing
attendance of
witnesses.
[Ib. 31 y.]

Extension of
time for mak.
ing award.
[zb. 318.J

5. When a reference is made to arbitration by an order of Court,
the same process to the parties and witnesses whom the arbitrators, or'
umpire, may desire to have examined, shall issue as in ordinary suits;
and,persons not attending in compliance with such process, or making
any other default, or refusing to give their testimony, or being guilty of
any contempt to the arbitrators, or umpire, during the investigation of
the suit, shall be subject to the like disadvantages, penalties, and
punish-
menu, by order of the Court on the representation of the arbitrators, or
umpire, as they would incur for the same offences in suits tried before
the Court.

6. When the arbitrators : shall not have been able to complete the
award within the period specified in the order from want of the necessary
evidence or information, or other good rand sufficient cause, the Court
may; from time to time, enlarge the period for delivery of the award, ,if
it shall think proper. In any case in which an umpire shall have been
appointed, it shall be lawful for him to enter on the reference in lieu of
the arbitrators, if they shall have allowed their time, or their extended
time, to expire without making an award, or shall have delivered to the
Court,, or to the umpire, a notice in writing stating- that they cannot
agree: Provided that an award shall not be liable to be set aside only
ORDINANCE .No.'' 1-30k:1873:

Code of Civil Procedure.

by reason of its not having been completed within the period allowed by
the Court, unless on proof that the delay in completing the award arose
from misconduct of the arbitrators, or umpire, or unless the award shall
have been made after the issue of an order by the Court superseding the
arbitration and recalling the suit.

7. If, in any case of reference to arbitration by an order of Court;
the arbitrators, or umpire, shall die, or refuse or become incapable to
act,
it shall be lawful for the Court to appoint a new arbitrator :or
arbitrators,
or umpire, in the place of the person or persons so dying, or refusing or
becoming incapable to pct. Where the arbitrators are empowered by
the terms of the order of reference to appoint an umpire and do not
appoint an umpire, any of the parties may serve the arbitrators with a
written notice to appoint an umpire; and if within seven days after such
notice shall have been served, no umpire be appointed, it shall be lawful
for the Court, upon the application of the party having served such
notice as aforesaid, and upon proof to its satisfaction of such notice
having

been served, to appoint an umpire. In any case of appointment under
this section, the arbitrators, or umpire, so appointed shall have the like
power to act in the reference, as i£ their names had been inserted in the
original order o£ reference. - -

S. It shall be lawful for the arbitrators; or umpire, upon anti: refer-
ence by an order of Court, if they shall think fit, and if it is not
provided.
to th;; contrary, to state their award as to the whole or any part thereof
in the form of a special case for the opinion o£ the Court.

9. The Court may, on the application of either party, rriodify or
correct an award where it appears that apart of the award is upon.
matters not referred to the arbitrators, provided such part can be sepa-
rated from the other part and does not, affect the decision on the matter,
referred; or where the award is iciiperfect in form., or contains any
obvious error which can be amended without affecting such decision:
The Court may also, on such application, make such order as it thinks:
just respecting the cost of the arbitration, if any question arise
respecting
such costs and the award contain no sufficient provision concerning them.

10. In any of the following cases, the Court shall have power to
remit the award or any of the matters referred to arbitration fur recon-
sideration by the arbitrators, or umpire, upon such terms as it may,
A
think proper;- that is to say,:.-

1 2 y 9~

Power of
Court in case
of death, in-
capachycol
refusal at.
[1b. SID.] .

Special case
for opinion of
the Court: -
[Ib. 321.1

Court may
modify or
correct
award.
[15.322:]

Power as to
costs.

Power of
Court to
remit award
for reconsi-
deration:-
[Zb.323:)-
Reference by
private agree-
ment.
(IL. 326.) ,

Application
to ale.

Proceedings
thereon.

I280

.ORDINANCE No. 13 of 1373.

Code of Civil Procedure.

(a) If the award has left undetermined some of the matters
referred to arbitration, or if it has determined matters
not referred to arbitration ;

(b) If the award is so indefinite as to be incapable of execution;

(c) If an objection to the legality of the award is apparent upon
the face of the award.

Setting aside 11. No award shall be liable to be set aside except on the
ground of
award.
,lza. 324.E perverseness or misconduct of the arbitrator or umpire. Any
application
to set aside an award shall be made within fifteen. days after tile
publica-
tion thereof.
Filling award 12. If no application shall have been made to set aside the
award,
-effect of.
lra. 325. or to remit the same, or any of the matters referred for
reconsideration,
or if the Court shall have refused any such application, either party may

file the award in Court, and the award shall thereupon have the same
force and effect for all purposes as a judgment.'

13. When any persons shall by an instrument in writing agree that
any differences between them, or any of them, shall be referred to the
arbitration of .any persons named in the agreement, . application may be
made by the parties thereto, or any of them, that the agreement be filed
in Court. On such application being 'made, the Court shall direct such
notice to be given to any of the parties to the agreement., other
than the applicants, as it may think necessary, requiring such parties
to show cause,.within a time to be specified, why the agreement should
not be filed. The application shall be numbered and registered as a suit
between the parties interested as plaintiffs and defendants. If no suffi-

Effectthereof: cient cause be shown against the filing of the agreement,
the agreement
shall be filed and an order of reference to arbitration shall be made
thereon.
The' several provisions.of this chapter, so far as they are not
inconsistent
with the terms of any agreement so fileu, shall be applicable to all pro-
ceedings under the order of reference and to the award of arbitration and
to the enforcement of such award.

Arbitration ' 14. When any matter has been referred to arbitration without
the
without the
intervention intervention of the Court, and an award has been made, any
person
of the.court, interested in the award may, within six months from the date
of the
Applioationto award, make application to the Court, that the award be
filed in Court.
file award.
lza. a27.] The Court shall direct- notice to be given to the parties to
the arbitration
ORDINANCE NQ. 13 oF 187.

Code of Civil Procedure.

1.28v

other than the applicant, requiring such parties to shave cause, within a
time to be specified, why the award should not be filed. The application
Proceedings
thereon.

shall be numbered and registered as a snit between the applicant as
plaintiff and the other parties as defendants. If no sufficient cause be
shown against the award, the award shall be filed and shall thereupon
have the same force and effect for all purposes as a judgment.

CHAPTER XX.

MISCELLANEOUS PROVISIONS.

Adjournment.

Effect thereof..

90. Nothing in this Code shall affect the power of the Court to General
powers of
defer or adjourn the hearing or determination of any suit, matter, pro-
Court.
ceeding, or application, for such time and on such terms as justice ~7 j
J ~
requires.

Amendment.

91. 1Tothina in this Code shall affect the power of the Court to order
General
or allow any amendment of any writ, petition, answer, notice, or other
powers document whatever, at any time on such terms as justice requires.
, (za. xfa.7

Powei' of Court as to time.

92. 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 requires.
2. Where the Court is by this Code or otherwise authorised to
appoint the time for the doing of guy act, or the taking of any proceed-
ings, or to enlarge the tune 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 V seem just, whether the application for
further enlargement be made before or after the. expiration of the time
already allowed: Provided that no such further enlargement shall be
made unless it appears to the Court to be required for the purposes of
justice, and not sought merely for delay.

Computation of tinge.

93. Where by this Code, or any special order, or the course of the How to
be

Court, any limited time from or after any date or event is appointed or
made.

Enlargement
or abridg-
ment.
(Ib. 276.1

May be

granted after
expiration of
time pre-
viously al.
lowed.
[rb. 277.E
182

ORDINANCE No. L3 0p 1873.

Code of Civil Procedure.

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.

hUadays and 2. Where the limited time so appointed or allowed is less than
six
holidays. days, the following days shall not be reckoned in the
computation of such
time; namely:-Sunday, Good Friday, Monday and Tuesday in Easter
. week, Christmas day and the day next before and the day next after
Christmas day, and any public holiday or day set apart as a fast, or
thanksgiving day.
Time expiring 8. Where the time for the doing of any act or the taking of
any
-on a, Sunday
or lloiiday. proceeding expires on one of the days last mentioned, the act
or proceed-
ing 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.
Time in case 4. The. day on which an order that a plaintiff do give
security for
of secuiit for

poets by plain. costs is served, and the time .thenceforward until and
inchudiug the day

tiff,

on which such security is given, shall be reckoned in the computation of

the time allowed to a defendant for putting .in his answer.

Period of vaoa- 5. The period of vacation of the Supreme Court shall not
be included in the
Lion not to count.
computation of time except by leave of the Court. [Repealed by Ordinance
No. 17 of
r882.]

Power of Court as to costs.

Discretion.of 94. The costs of the whole suit and of each particular
proceeding
'Court. isx therein; and of every proceeding before the Court shall be in
the discretion
aQ j'~ '~of the Court;, and the Court shall have full power to award and
apportion
costs in any manner it may deem proper.

What shall 6e 2. Under the denomination of costs are included the whole of
the
included in
costa. expenses necessarily incurred by either party on account of the
suit, and
in enforcing the decree made therein, such as the expense of summoning

t-he
parties and witnesses, and of other process, or of procuring copies of
documents, law costs, costs of special juries, charges of witnesses, and

expenses of commissioners either in taking evidence or .in investigating
accounts.
OIIDINIANCE No. 13 or 1,173.

Code of Civil Procedure.

3. Until a new' scale of Court fees and fees and costs of counsel and
attorney shall have been provided for use under this Ordinance, by any
general rule or order of the Supreme Court, or otherwise, and so far as
any such new scale may be incomplete, all questions relating to the
amount of such fees and costs, shall be referred to the Registrar, who is
hereby empowered to determine the same on taxation, either with or
without reference to the existing scale, having regard to the skill,
labour,
and responsibility involved, subject nevertheless to a review of such
determination on summary application to the Court in Chambers; and
the payment of the costs allowed on such taxation or review may be
enforced in the salve manner as if the same had been fixed by any such
general rule or order.

4. The Court may, if in any case it deems fit, require any party to
any suit or proceeding, either at the commencement or at any time during
the progress thereof, to give security for costs to the satisfaction of
the
Court by deposit or otherwise; and in the case of a plaintiff, may stay
proceedings until such security be given.

Cross-action against absent plaintiffs.

95. Whenever a suit shall be instituted by a plaintiff residing out
of the jurisdiction; and it shall be made to appear on oath or affidavit
to
the satisfaction of the Court, that the defendant has a bond fide claim
against such plaintiff which can be conveniently tried by the Supreme
Court, it shall be lawful for the Court, in its discretion, to stay
proceed-
ings in the suit so instituted by the absent plaintiff until he shall have
entered an appearance to any cross-action instituted by the defendant
against the absent plaintiff in respect of such claim, upon such terms as
justice requires. .

Seal of Court.

Amount, of
Court fees and
of fees anal
costs of
counsel and
attorney
pending line
of neNv scale.

G eneral
powers of
Court as to
eecurity for
costs.

G. - .T. Id.
63.

Power of , .,,,
Court-to stay
proeeeaings
until appear-
ance entered.

96. Every writ, summonss, warrant, decree, rule, order, notice and
gealzng end
other document issuing from the Court shall be sealed with the seal of a
gin; non h.
the Court, and be returned for the purpose of being filed in Court.

.Publication of notices.

9'7. In all cases in which the publication of any notice is required,
t'he same may be made by advertisement in the Gazette, unless otherwise
provided in any particular case by this Code, or otherwise ordered by the
n
Court.

In Govern-
ment Gazette.
Application of
prosont forn; s.

ORDINANCE No. 13 op 1873:

Code of Civil Procedure.

e Forms. f '

98. Until special forms shall be prescribed for use under this Code,
by any general rule or order of Court, and so far as the same may be
incomplete, all forms at present in use in the Supreme Court, with such
variations and addition's as may be required to be made therein 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.

4nzendment of Code.
By resolution 99. Any amendment in the provisions of this Ordinance,
whether
of Council. by way of repeal, variation, substitution, or addition,, may,
if deemed
T expedient, be made by a resolution of the Legislative Council, to be
published in the Gazette; and every amendment so made and published
shall have the salve force and effect for all purposes as if the same had
been made by Ordinance. and shall in like manner come into iinmediate-
operation, subject to disallowance by Her Majesty.
Commencement of Ordinance.
Proclamation. - 100. This Ordinance shall commence and take effect on
such day
as shall hereafter be fixed by proclamation under the hand of the
'Governor.

SCHEDULE.

REGISTER OF CIVIL SUITS IN THE YEAR 187

. PLAINTIFF. DEFENDANT. CLAIM. APPEARANCE.
o .
W F 'U'
N
^0
o o m o
3 o ~c~',
° a~ ci '^~P' ~ ai 'C y ~ o .~o
2; A Z '~ cp' w ~; fra a, w ~ W A
i
ORDINANCE No. 13 ox 1873:

Code of Oivil.Procedure.

SCHEDULE,-Continued.

JUDGMENT. REVIEW APPEAL. SATISFACTION OF
' r _ OR JUDGMENT.
NEw TRIAL.
0
44
a o o
Y F ~ Y Q y.CO Ol
AGyP~A~aA~A,~3
. I I

SCHEDULE,-Continued.

EXECUTION. RETURN -. APPEALS REMARKS.
OF TO
EBEOUTION. PRIVY COUNCIL.
c.
asF
,~, y I~
o W i a m ~a R.
.V H Cd F ~
O O
.~ y J~ O V T~ .a d
R ~
C w .~, O a a~
0 o m ~ b b ~ d ~8 O o ~
c~6 ~M F a GL23 I v ''d
A A ~ w C I ~ ~ ~ A A
I -
I

[In force from the 13th October, 1878, under proclamation of the 10th
October, 1878.,

1285
1198

Title.
[See Ord. No. 8 of 1890.]
Preamble.
1199
Short title.
Interpretaton of terms. [See Ord. No. 1 of 1867.]
[ * See Ord. No. 22 of 1882.]
Saving clause.

1200
Old procedure and practice how far suspended.
How far made auxiliary.
Fusion of procedure at law and in Equity.
1201
Register of suits.
By whom proceedings.
may be instituted.
[C. & J. R. 249.]
Court may order authority to sue, or copy thereof, to be filed.
[Ib. 250.]
1202
When the original must be filed.
[Ib.]
Terms of authority.
[Ib.]
Proceeding without authority.
[Ib. 251.]
Dies won.
[Ib. 260.]
Personal service.
[Ib. 255.]
Service on attorney.
Other modes of service.
[Ib. 256.]
On inmate of abode, &c.
Substituted service.
1203
Advertisement.
Notice affixed.
Service on Government servants.
[In : Co: s. 62.]
On British corporations and companies.
On foreign corporations and companies.
On defendant's agent within the Colony.
[See Ord. No. 2 of 1855, s. 16.]
Serivce out of the jurisdiction.
Court may mke special orders in respect thereof. [See secs. 11 & 29.]
[See In. Co. s. 66.]
1204
Orders may be varied.
Expenses of service.
Writ of summons.
Its contents and by whom prepared.
Not to be altered without leave.
Limitation and renewal of writ.
Proceedings by petition without answer.
Service of wirt.
1205
Time for appearance.
Futher service of proceedings on absent defendant.
Proceeding ex parte on non-appearance.
[In : Co s. 111.]
Subsequent appearance.
Discretion of the Court as to proceeding ex parte.
1206
In what cases.
[C. P. Act, 1852, secs. 25, 27.]
Judgment in default of appearance.
Leave to defend notwithstanding.
Proceedings in case of appearance.
Cases of oridnary account.
Summary order for accounts, &c.
How firms to be sued.
[C. & J. R. 252 & See ord. No. 2 of 1856, s. 16.]
1207
Power of Court as to infant defendants and persons of unsound mind.
[C. & J. R. 278.]
Notice and mode of service thereof.
[Ibid.]
In suits of moveable property.
[See s. 94.]
[In : Co: s. 74.]
1208
Application for security.
[Ibid. s.75.]
Warrant to bring up defendant.
Bail for appearance.
[lb. s. 76.]
Deposit in lieu of bail.
[lb. s. 77.]
Committal in defualt.
[lb. s. 78.]
Compensation for needless arrest.
[lb. s. 79.]
1209
Limit thereof.
In what cases.
[lb. s. 81.]
Application therefor.
[lb. s. 82.]
Form of warrant.
[lb. s. 83.]
Where defendant fails to show cause.
[lb. s. 84.]
1210
How made.
[lb. s. 85.]
Rights of third parties and claims to property attached.
[lb. s. 89.]
Removal of attachment.
[lb. s. 87.]
Compensation for needless attachment.
[lb. s. 88.]
Limit thereof.
To stay waste, damage, or alienation.
[lb. s. 92.]
1211
Appointment of receiver or manager.
To restrain breach of contract or repetition or continuance of breach.
[lb. s. 93.]
Notice of application.
[lb. s. 95.]
Compensation for needless issue of injunction.
[lb. s. 96.]
1212
Limit thereof.
In what cases.
[C. & J. R. 179.]
Application for warrant.
Compensation for needless issue thereof.
Limit thereof.
Release of ship.
1213
Interpleader.
[C. P. Act, 1860, s. 12.]
When suit not abated.
[In : Co: s. 99.]
When cause of action survives.
[Ib. s. 100.]
When cause of action accrues to survivors, &c.
[Ib. s. 101.]
1214
Death of sole or surviving plaintiff.
[Ib.s. 102.]
Dispute as to legal representative .
[Ib. s. 103.]
Death of one of several defendants or of a sole or surviving defendant.
[Ib. s. 104.]
1215
When not ot abate the suit.
[Ib. s. 105.]
When not to abate the suit.
[Ib. 105.]
To correspond with writ of summons.
1216
To en in narrative form and divided into paragraphs.
[C. & J. R. 27.]
Nature of claim set up.
[Ib.]
Documents how to set out.
[Ib.]
Dates and sums.
[Ib.]
Not to contain evidence or argument.
[Ib.]
Material facts to be briefly and clearly set out.
[Ib.]
Counsel's signature.
Verification of petition.
1217
Schedule of particulars.
[Ib.]
Application for further particulars.
[Ib.]
Effect thereof.
[Ib.]
Amendment thereof before trial.
[Ib.]
Amendment thereof at trial.
[Ib.]
Limit of time for amending.
[Ib.]
In what cases.
[Ib. 29.]
1218
Copies.
Offer to allow inspection.
May be granted though not specifically asked.
[Ib. 33.]
Must state character in which they sue.
[Ib. 34.]
Joint cause of suit.
[Ib. 35.]
Joint and several demand.
[Ib. 36.]
Perosns not befire the Court may be made parties.
[See Ib. 37.]
1219
Notice to such persons.
Distinct causes of suit in one petition.
[Ib. 39.]
Misjoinder of suits.
[Ib. 39.]
Where defendant has appeared.
Where defendent has not appeared.
Where service made out of jurisdiciton.
On application of defendant.
[Ib. s. 40.]
1220
Where defect is patent.
Demurrer.
[Ib. 43.]
For insufficient particulars.
[Ib. 30.]
Documents referred to.
[Ib.]
Costs.
[Ib.]
Libellous or offensive expressions.
[Ib. 31.]
Amendmant before answer.
[Ib. 32.]
Notice thereof.
[Ib.]
1221
Time within which to be filed.
[Ib. 40.]
Application for further time.
[Ib.]
Effect of defendant not answering.
[Ib. 45.]
Leave to answer after time allowed.
[Ib. 46.]
When granted ex parte.
[Ib.]
When summons required.
[Ib.]
What the answer should set forth.
[Ib. 47.]
1222
Should be precise and relevant.
[Ib.]
Denial of allegations.
[Ib.]
Denial of fact must answer point of substance.
[Ib.]
Admissions--Efffects thereof as to costs.
[Ib.]
Proof of facts not admitted.
[Ib.]
Allegation of new facts in defence.
[Ib.]
Evidence in denial of allegation, or in support of defence not set up in pleadings.
[Ib. 48.]
1223
Signature of counsel.
Verification of answer.
Payment into Court.
[Ib. 52.]
Answer must be filed with.
[Ib. 54.]
How far admission of claim.
Acceptance thereof by plaintiff.
[Ib.]
Non-acceptance thereof.
[Ib.]
1224
[See post .s 67. jpara. 8.]
[C. & J. R. 53.]
Payment into Court.
Costs.
Cross-action.
[Ib.]
Leave to file cross-petition in same suit.
[Ib. 55.]
Security.
Summons to compel.
[Ib. 49.]
1225
Nature of such answer.
[Ib.]
Futher defence.
[Ib.]
By leave of the Court.
[Ib. 56.]
Amendment of petition after answer.
[Ib. 57.]
Notice thereof.
[Ib.]
At, or before hearing.
[Ib. 58. In: Co: ss. 139, 141.]
Amendment of pleadings in framing issues.
1226
How application to be made.
[C. & J. R. 58.]
Amended or additional issue.
[In: Co: s. 141.]
Power to deliver written interrogatories to opposite party.
[C. L. P. Act 1854, ss. 51, 53.]
Affidavits by party proposing to interrogate and his attorney.

1227
Oral examination of parties when to be allowed.
Exceptions to interrogations.
Examination of person who refuses to make an affidavit.
[Ib. s. 48.]
Discovery of documents.
[Ib. s. 50.]
1228
Evidence at the hearing.
When to be made.
[C. & J. R. 144.]
How to be made.
Whether in Court or Chambers.
Motion-paper.
[C. & J. R. 145.]
Form of.
[Ib.]
1229
Amendment of, by Court.
[Ib.]
Affidaivts.
[Ib.]
Other evidence.
[Ib.]
Cases of urgency.
[Ib. 146.]
When to be ex parte.
[Ib. 147.]
Order thereon.
[Ib. 148.]
Argument in support.
[Ib.]
Amendment and additional evidence.
[Ib. 149.]
Court may make order other than asked for.
[Ib.] 1230
May vary or discharge order.
[Ib. 150.]
Return-day.
[Ib. 151.]
Counter affidavits.
[Ib.]
Englargement of time and further service.
[Ib.]
Appearance or proof of Court.
[Ib.]
General of powers of Court.
[Ib.]
Application to Registrar.
Coutents thereof.
1231
Issue of summons.
Proceedings on return-day.
Note of evidence.
Adjournment.
Private hearing.
By affidavit in general.
[C. & J. R. 243.]
Notice to parties interested.
Evidence how taken.
In what cases.
1232
Effect and enforcement of order.
Order must be obtained
[C. & J. R. 60.]
When plaintiif may apply.
[Ib. 61.]
When defendant may apply.
[Ib. 63.]
Motion for order.
[Ib. 64.]
1233
Power of Court thereon.
In what cases.
[Ib. 65.]
Absence of witness.
[Ib.]
Witness resident out of the Colony.
[Ib.]
Cause list.
[Ib. 66.]
Transfer to hearing paper.
[Ib. 67.]
Order of causes.
[Ib.]
Notice to parties.
[Ib. 68.]
1234
Causes taken out of turn.
Adjournment of causes.
[Ib. 70.]
On fixed days.
[Ib. 71.]
On other days.
Power to exclude the public.
[Ib. 72.]
Order of bussiness.
Delivery of judgments.
Ex parte motions, &c.
Opposed motions, &c.
Trial of causes.
1235
By Judge, or by Full Court with or without jury.
[C. & J. R. 81-83.]
To be determined on summons.
Order thereon.
[Comp. R. S. C. (England) 1883. Ord. XXXVI, s. 2.]
Power of Court to order jury at any time.
Inspection by jury, by parties, or by witnesses.
[See Ordinance No. 18 of 1887, s. 32.]
Rule or order for summoning jury.
Existing laws as to juries.
1236
Rules of evidence continue in force.
Power to admit affidavits.
Cross-examination thereon.
Where cross-examination not practicable.
[C. & J. R. 90.]
Order of Court to admit.
Any person may be summoned by the Court as a witness.
[In: Co: Am: 1861, s. 9.]
Incompetency from immature age.
Or unsoundness of mind.
1237
Cort may relieve witness from answering certain questions.
[In. Ev. Act 1872, s. 148.]
Reasonable grounds for such question.
[Ib. 149.]
Questions indecent and scandalous.
[Ib. 151.]
Needlessly offensive.
[Ib. 152.]
Entries in books of account.
[In. Ev. Act, 1855, ss. 7-13.]
Government Gazettes.
Proclamations Acts of State, &c.
Books of science, maps, charts.
Foreign law.
1238
Public maps.
In what language.
[C. & J. R. 230.]
How divided.
Facts known to witness.
[Ib. 232.]
Information from oters.
[Ib.]
Erasures, interlineaions, &c.
[Ib. 233.]
Before whom to be sworn.
[Ib. 234.]
In foreign parts.
1239
Proof of seal and signature of Court or Judge, &c.
When defective in form.
[Ib. 234.]
Not to be sworn before certain persons.
[Ib. 236.]
Amendment and re-swearing.
[Ib, 240.]
Filing of original Office copy.
[Ib. 242.]
Viva voce evidence preparatory to hearing.
[See 19 & 20 Vic. c. 113.--22, Vic. c. 20, --22 & 23, Vic. c. 63, & 24, Vic. c. 11.]
[C. & J. R. 244.]
How to eb taken.
[Ib.]
Evidence before suit instituted.
[Ib. 245.]
1240
Court may impose terms.
Evidence of witness in former proceedings.
[Ib. 246.]
Proviso as to subject matter.
Notice to admit.
[Ib. 248.]
Consequence of refusal -- costs.
Costs of proof where no notice given.
Court may order.
[14 & 15 Vic. c. 99, s. 6.]
1241
Notice to produce.
[In: Co: 107.]
Order to produce.
Documents relating to affairs of state, &c.
[In. Ev. Act. 1855, s. 21.]
Perosns present in Court compelled to give evidence.
[Ib. s. 25.]
Persons may be summoned merely to produce documents.
[Ib. s. 26.]
Non-attendance of both parites.
[C. & J. R. 75.]
1242
Of plaintiff.
[Ib. 76.]
Of defendant.
[Ib. 77.]
Futher service.
[Ib.]
When Court may proceed ex parte.
[Ib.]
Re-hearing for absent defendant.
[Ib. 78.]
Restoration of cause to hearing list for plaintiff.
[Ib. 79.]
Non-attendance of plaintiff a second
1243
time.
[Ib. 80.]
Peremptory order.
Effect of dismissal of suit in such cases.
[Ib.]
[Ib. 84.]
Statement of pleadings.
Burden of proof.
Party to begin.
Evidence.
Summing up.
Case of other party.
1244
General reply.
Case closed.
Evidence in reply.
Addresses thereon.
Cross-examination and re-examination.
[Ib. 85.]
Judge's notes.
[Ib. 86.]
Inspection or copy thereof.
[Ib.]
Objections to evidence.
[Ib. 87.]
Note of objection.
[Ib. 88.]
Evidence by affidavit or commission.
[Ib. 89.]
1245
Documentary evidence.
[Ib. 91.]
To be marked.
[Ib.]
Amendment of pleadings.
[Ib. 92.]
On what terms.
[Ib. 93.]
Pleadings which embarass or delay.
[Ib. 94.]
In petition or answer.
[C. & J. R. 272.]
Appointment of commissioner to investigate.
[In: Co: 181.]
1246
Expenses of commission.
Nonsuit, verdict for plaintiff or defendant--special case.
Full Court.
Special case how settled.
Setting down.
for argument.
Nonsuit, &c. where no leave reserved.
Court may permit withdrawal with liberty to bring fresh action.
[In: Co: 97.]
1247
Limitation of action.
Withdrawal without permission.
Disposal of suit by adjustment.
[Ib. 98.]
Notice of adjustment to Registrar.
Delivery of judgment.
[In: Co: 183.]
Where judgment reserved.
Where judgment delivered at hearing.
Notice of judgment.
Minute thereof by Registrar--Force and effect thereof.
Formal decree.
1248
Decree for money--interest.
Payment by instalments.
[Ib. 194.]
Where setoff is allowed.
[Ib. 195.]
Decree to be obeyed without demand.
Written judgment to be filed.
General powers of the Court.
[C. & J. R. 100.]
Application for review by notice of motion.
[Ib. 101.]
Such notice no stay of proceedings--money in Court.
[Ib.]
1249
Application after 14 days.
[Ib.]
Jury may be demanded.
[Ib. 102.]
Court may order jury.
[Ib. 103.]
Discovery of new evidence.
[In: Co: 376. In. Ev. Act, 1855, s. 57. In. Ev. Act, 1872, s. 167.]
Improper admission or rejection of evidence.
Proceedings where application is granted.
[In: Co: 380.]
Examintion of judgment debtor.
[C. & J. R. 129.]
1250
Discovery of property.
[Ib. 130.]
Production of books and documents.
[Ib.]
Examination of other witnesses.
[Ib.]
Adjournment of hearing and proceedings thereon.
[Ib.]
Interim order for protection of property.
[Ib.]
Decree for possession of immovable property.
[In: Co: 199.]
Decree for moveable property--performance of contract or alternative.
[Ib. 200.]
1251
Decree for money.
[Ib. 201.]
For execution of deeds, &c. or indorsement of negotiable instruments.
[Ib. 202.]
Against representatives of deceased persons.
[Ib. 203.]
Against sureties.
[Ib. 204.]
Property liable to attachment and sale in execution of decree.
[Ib. 205.]
1252
Payment into Court of monies under decree.
[Ib. 206.]
By order of Court before taxation of costs.
[In. Acts xx of 1862, s. 8 & xi of 1865, s. 19.]
Must be made to the Registrar--form of.
[In: Co: 207.]
Cross-decees.
[Ib. 209.]
Court may stay execution in certian cases of previous decree.
[Ib.]
Decree against legal representative.
[Ib. 210.]
1253
Mode of execution.
[Ib. 211.]
Record of application for execution.
[Ib. 215.]
Registrar may apply to Court for direction.
Execution to issue in order of application.
Application for execution after interval of one year, or against representative of original party.
[Ib. 216.]
Order thereon.
[Ib. 217.]
1254
Registrar to issue proper writ of execution.
[Ib. 221.]
Obstruction to execution of decree.
[Ib. 226.]
By defendant.
[Ib. 227.]
Penalty for.
[Ib. 228.]
By any person other than the defendant asserting a claim to possession.
[Ib. 229.]
1255
Where right of decree-holder disputed.
[Ib. 230.]
Effect of decision under two last paragraphs.
Mode of attachment.
[Ib. 232.]
1256
Moveable property in possession of defendant.
[Ib. 233.]
Where subject to lien or rights of third parties.
[Ib. 234.]
Immovable property.
[Ib. 235.]
Debts and shares in public companies.
[Ib. 256.]
Property in the custody of a public officer or in custodia legis.
[Ib. 237.]
Negotiable instruments.
[Ib. 238.]

1257
Service of prohibitory orders.
[Ib. 239.]
Pruvate alienation after attachment void.
[Ib. 240.]
Payment into Court by debtor.
[Ib. 241.]
Court may order money or proceeds of property attached, or any part thereof to be paid to the decree-holder.
[Ib. 242.]
Appointment of manager.
[Ib. 243.]
1258
Mortage in lieu of sale on application of judgment debtor.
In absence of judgment debtor, Court may order mortgage in lieu of sale.
Order for withdrawal of attachment on satisfaction of decree.
[Ib. 245.]
1259
Investgation thereof by the Court.
[Ib. 246.]
Claim or objection to be preferred at the earliest opportunity.
[Ib. 247.]
Registrar to have conduct of sale.
1260
Setting aside sale for irregularity.
[Ib. 257.]
When sale becomes absolute.
[Ib.]
Return of deposit or purchase money.
[Ib. 258.]
Transfer jto purchaser by certificate--stamp duty--registration.
[Ib. 259.]
Delivery of moveable property in possession of defendant.
[Ib. 261.]
To which defendant entitled subject to lien.
[Ib. 262.]
1261
Of immoveable property in the occupancy of a defendant.
[Ib. 263.]
In Lawful occupancy of other persons.
[Ib. 264.]
Of debts and shares in public companies.
[Ib. 265.]
Of negotiable securities.
[Ib. 266.]
Transfer of securities and shares.
[Ib. 267.]
1262
Obstructing purchaser in obtaining possession.
[Ib. 268.]
Obstruction by claimants other than defendant.
[Ib. 269.]
Subsistence allowance to prisoner for debt.
[Ib. 276.]
1263
Removal of prisoner for debt in case of illness.
Release of prisoner for debt.
[Ib. 278.]
Term of imprisonment for debt.
Subsistence money to be added to amount of decree.
[Ib. 279.]
Application for discharge.
Procedure on such application.
[Ib. 280.]
Unjustifiable extravagance.
[Ib. 281.]
1264
Wilful concealment of property.
Fraudulent transfers.
Act of bad faith.
Continuance of liability of debtor's property.
[Ib. 282.]
Decision of question as to mesne profits and other matters.
[Ib. 283 & See In. Co. Am. 1861 s. 11.]
By leave of the Court.
Application for order against person guilty of.
[C. & J. R. 141.]
1265
Evidence in support.
[Ib.]
Copy to be served.
[Ib.]
Proceedings on return-day.
[Ib. 142.]
Enlargement of time and conditional order.
[Ib.]
Duration of detention.
[Ib. 143.]
[* See Ord. No. 2 of 1855.]
In what cases.
1266
Affidavit to be filed.
Issue of writ.
Absence form the Colony.
Bond to be entered into before issue of writ.
1267
Form thereof.
Writ how executed.
Proirity fo writs.
Property in custody of a public officer.
or in custodia legis.
How lands attached.
Memorial to be registered.
1268
Cancellation thereof.
Effect of registration of memorial.
Effect of service of writ attaching moveable property.
Sale of moveable property by order of Court.
Punishment of garnishee disposing of attached property without leave.
1269
Custody by Sheriff.
Notice fo foreign attachment.
Notice to absent defendant may be ordered.
Proceedings after issue of writ.
Examination of garnishee.
1270
Power to summon any perosn as a witness.
Proceedings on judgment.
Execution.
Dissolution of writ.
Attachment of ships.
Claims to property attached.
1271
Stay of proceedings against garnishee.
Leave to defend before judgment.
Release of property attached on security being given.
Suit may be re-opened within two years after judgment.
Reversal of judgment not to affect purchasers.
1272
In what cases may be preferred--In what form.
[* 23 & 24 V. c. 34.]
To be commenced by petition.
Consent of Governor--Procedure thereon.
Service of petition, &c.
Proceedings on decree.
In what cases.
[See Ord. No. 7 of 1860. 18 & 19 V. c. 67 C. & J. R. 18.]
Leave to defend.
[C. & J. R. 19.]
1273
Proceedings where leave not obtained.
[Ib. 20.]
Setting aside judgment.
[Ib. 21.]
Deposit of bill in Court.
[Ib. 22.]
Security for costs.
Holder's expenses of noting, &c.
[Ib. 23.]
One writ against all parties.
[Ib. 24.]
Writ must set forth claim with precision.
[Ib.]
1274
[See C. L. P. Act, 1854 ss. 68-74.]
Mandamus may be claimed by indorsement on the writ.
What the petition should set forth.
Proceedings thereon.
Judgment and execution.
Form of writ.
Return of.
Court may order act to be done at the expense of the defendant.
1275
How person admitted to sue or defend.
[C. & J. R. 264.]
Affidavit of material facts.
Counsel and attorney assigned bound to act.
[Ib. 265.]
No fee or reward shall be given by pauper.
[Ib. 266.]
When perosn so suing may be dispaupered.
[Ib. 267.]
1276
[See C. L. P. Act 1852, s. 47.]
Form of, and poceedings thereom=n.
[In: Co: 142.]
Judgment
[Ib. 143.]
Form and contents of agreement.
[Ib. 328.]
1277
Agreement to be filed and numbered as a suit.
[Ib. 329.]
Judgment,
[Ib. 331.]
Application for order of reference.
[Ib. 312.]
1278
Appointment of arbitrators.
[Ib. 314.]
Order of reference.
[Ib. 315.]
Appointment of umpire where necessary.
[Ib. 316.]
Enforcing attendance of witnesses.
[Ib. 317.]
Extension of time for making award.
[Ib. 318.]
1279
Power of Court in case of death, incapacity or refusal to act.
[Ib. 319.]
Special case for opinion of the Court.
[Ib. 321.]
Court may modify or correct award.
[Ib. 322.]
Power as to costs.
Power of Court to remit award for reconsideration.
[Ib. 323.]
1280
Setting aside award.
[Ib. 324.]
Filing award--effect of.
[Ib. 325.]
Reference by private agreement.
[Ib. 326.]
Application to file.
Proceedings thereon.
Effect thereof.
Arbitration without the intervention of the Court.
Application to file award.
[Ib. 327.]
1281
Proceedings thereon.
Effect thereof.
General powers of Court.
[C. & J. R. 274.]
General powers of Court.
[Ib. 275.]
Enlargement or abridgment.
[Ib. 276.]
May be granted after expiration of time previously allowed.
[Ib. 277.]
How to be made.
1282
Sundays and holidays.
Time expiring on a Sunday or holiday.
Time in casse of security for costs by plaintiff.
Period of vacation not to count.
Discretion of Court.
[In: Co: 187. C. & J. R. 262.]
What shall be included in costs.
1283
Amount of Court fees and of fees and costs of counsel and attorney pending issue of new scale.
General powers of Court as to security for costs.
[C. & J. R. 263.]
Power of Court stay proceedings until appearance entered.
Sealing and return of documents.
In Government Gazette.
1284
Application of present forms.
By resolution of Council.
Proclamation.

1198

Title.
[See Ord. No. 8 of 1890.]
Preamble.
1199
Short title.
Interpretaton of terms. [See Ord. No. 1 of 1867.]
[ * See Ord. No. 22 of 1882.]
Saving clause.

1200
Old procedure and practice how far suspended.
How far made auxiliary.
Fusion of procedure at law and in Equity.
1201
Register of suits.
By whom proceedings.
may be instituted.
[C. & J. R. 249.]
Court may order authority to sue, or copy thereof, to be filed.
[Ib. 250.]
1202
When the original must be filed.
[Ib.]
Terms of authority.
[Ib.]
Proceeding without authority.
[Ib. 251.]
Dies won.
[Ib. 260.]
Personal service.
[Ib. 255.]
Service on attorney.
Other modes of service.
[Ib. 256.]
On inmate of abode, &c.
Substituted service.
1203
Advertisement.
Notice affixed.
Service on Government servants.
[In : Co: s. 62.]
On British corporations and companies.
On foreign corporations and companies.
On defendant's agent within the Colony.
[See Ord. No. 2 of 1855, s. 16.]
Serivce out of the jurisdiction.
Court may mke special orders in respect thereof. [See secs. 11 & 29.]
[See In. Co. s. 66.]
1204
Orders may be varied.
Expenses of service.
Writ of summons.
Its contents and by whom prepared.
Not to be altered without leave.
Limitation and renewal of writ.
Proceedings by petition without answer.
Service of wirt.
1205
Time for appearance.
Futher service of proceedings on absent defendant.
Proceeding ex parte on non-appearance.
[In : Co s. 111.]
Subsequent appearance.
Discretion of the Court as to proceeding ex parte.
1206
In what cases.
[C. P. Act, 1852, secs. 25, 27.]
Judgment in default of appearance.
Leave to defend notwithstanding.
Proceedings in case of appearance.
Cases of oridnary account.
Summary order for accounts, &c.
How firms to be sued.
[C. & J. R. 252 & See ord. No. 2 of 1856, s. 16.]
1207
Power of Court as to infant defendants and persons of unsound mind.
[C. & J. R. 278.]
Notice and mode of service thereof.
[Ibid.]
In suits of moveable property.
[See s. 94.]
[In : Co: s. 74.]
1208
Application for security.
[Ibid. s.75.]
Warrant to bring up defendant.
Bail for appearance.
[lb. s. 76.]
Deposit in lieu of bail.
[lb. s. 77.]
Committal in defualt.
[lb. s. 78.]
Compensation for needless arrest.
[lb. s. 79.]
1209
Limit thereof.
In what cases.
[lb. s. 81.]
Application therefor.
[lb. s. 82.]
Form of warrant.
[lb. s. 83.]
Where defendant fails to show cause.
[lb. s. 84.]
1210
How made.
[lb. s. 85.]
Rights of third parties and claims to property attached.
[lb. s. 89.]
Removal of attachment.
[lb. s. 87.]
Compensation for needless attachment.
[lb. s. 88.]
Limit thereof.
To stay waste, damage, or alienation.
[lb. s. 92.]
1211
Appointment of receiver or manager.
To restrain breach of contract or repetition or continuance of breach.
[lb. s. 93.]
Notice of application.
[lb. s. 95.]
Compensation for needless issue of injunction.
[lb. s. 96.]
1212
Limit thereof.
In what cases.
[C. & J. R. 179.]
Application for warrant.
Compensation for needless issue thereof.
Limit thereof.
Release of ship.
1213
Interpleader.
[C. P. Act, 1860, s. 12.]
When suit not abated.
[In : Co: s. 99.]
When cause of action survives.
[Ib. s. 100.]
When cause of action accrues to survivors, &c.
[Ib. s. 101.]
1214
Death of sole or surviving plaintiff.
[Ib.s. 102.]
Dispute as to legal representative .
[Ib. s. 103.]
Death of one of several defendants or of a sole or surviving defendant.
[Ib. s. 104.]
1215
When not ot abate the suit.
[Ib. s. 105.]
When not to abate the suit.
[Ib. 105.]
To correspond with writ of summons.
1216
To en in narrative form and divided into paragraphs.
[C. & J. R. 27.]
Nature of claim set up.
[Ib.]
Documents how to set out.
[Ib.]
Dates and sums.
[Ib.]
Not to contain evidence or argument.
[Ib.]
Material facts to be briefly and clearly set out.
[Ib.]
Counsel's signature.
Verification of petition.
1217
Schedule of particulars.
[Ib.]
Application for further particulars.
[Ib.]
Effect thereof.
[Ib.]
Amendment thereof before trial.
[Ib.]
Amendment thereof at trial.
[Ib.]
Limit of time for amending.
[Ib.]
In what cases.
[Ib. 29.]
1218
Copies.
Offer to allow inspection.
May be granted though not specifically asked.
[Ib. 33.]
Must state character in which they sue.
[Ib. 34.]
Joint cause of suit.
[Ib. 35.]
Joint and several demand.
[Ib. 36.]
Perosns not befire the Court may be made parties.
[See Ib. 37.]
1219
Notice to such persons.
Distinct causes of suit in one petition.
[Ib. 39.]
Misjoinder of suits.
[Ib. 39.]
Where defendant has appeared.
Where defendent has not appeared.
Where service made out of jurisdiciton.
On application of defendant.
[Ib. s. 40.]
1220
Where defect is patent.
Demurrer.
[Ib. 43.]
For insufficient particulars.
[Ib. 30.]
Documents referred to.
[Ib.]
Costs.
[Ib.]
Libellous or offensive expressions.
[Ib. 31.]
Amendmant before answer.
[Ib. 32.]
Notice thereof.
[Ib.]
1221
Time within which to be filed.
[Ib. 40.]
Application for further time.
[Ib.]
Effect of defendant not answering.
[Ib. 45.]
Leave to answer after time allowed.
[Ib. 46.]
When granted ex parte.
[Ib.]
When summons required.
[Ib.]
What the answer should set forth.
[Ib. 47.]
1222
Should be precise and relevant.
[Ib.]
Denial of allegations.
[Ib.]
Denial of fact must answer point of substance.
[Ib.]
Admissions--Efffects thereof as to costs.
[Ib.]
Proof of facts not admitted.
[Ib.]
Allegation of new facts in defence.
[Ib.]
Evidence in denial of allegation, or in support of defence not set up in pleadings.
[Ib. 48.]
1223
Signature of counsel.
Verification of answer.
Payment into Court.
[Ib. 52.]
Answer must be filed with.
[Ib. 54.]
How far admission of claim.
Acceptance thereof by plaintiff.
[Ib.]
Non-acceptance thereof.
[Ib.]
1224
[See post .s 67. jpara. 8.]
[C. & J. R. 53.]
Payment into Court.
Costs.
Cross-action.
[Ib.]
Leave to file cross-petition in same suit.
[Ib. 55.]
Security.
Summons to compel.
[Ib. 49.]
1225
Nature of such answer.
[Ib.]
Futher defence.
[Ib.]
By leave of the Court.
[Ib. 56.]
Amendment of petition after answer.
[Ib. 57.]
Notice thereof.
[Ib.]
At, or before hearing.
[Ib. 58. In: Co: ss. 139, 141.]
Amendment of pleadings in framing issues.
1226
How application to be made.
[C. & J. R. 58.]
Amended or additional issue.
[In: Co: s. 141.]
Power to deliver written interrogatories to opposite party.
[C. L. P. Act 1854, ss. 51, 53.]
Affidavits by party proposing to interrogate and his attorney.

1227
Oral examination of parties when to be allowed.
Exceptions to interrogations.
Examination of person who refuses to make an affidavit.
[Ib. s. 48.]
Discovery of documents.
[Ib. s. 50.]
1228
Evidence at the hearing.
When to be made.
[C. & J. R. 144.]
How to be made.
Whether in Court or Chambers.
Motion-paper.
[C. & J. R. 145.]
Form of.
[Ib.]
1229
Amendment of, by Court.
[Ib.]
Affidaivts.
[Ib.]
Other evidence.
[Ib.]
Cases of urgency.
[Ib. 146.]
When to be ex parte.
[Ib. 147.]
Order thereon.
[Ib. 148.]
Argument in support.
[Ib.]
Amendment and additional evidence.
[Ib. 149.]
Court may make order other than asked for.
[Ib.] 1230
May vary or discharge order.
[Ib. 150.]
Return-day.
[Ib. 151.]
Counter affidavits.
[Ib.]
Englargement of time and further service.
[Ib.]
Appearance or proof of Court.
[Ib.]
General of powers of Court.
[Ib.]
Application to Registrar.
Coutents thereof.
1231
Issue of summons.
Proceedings on return-day.
Note of evidence.
Adjournment.
Private hearing.
By affidavit in general.
[C. & J. R. 243.]
Notice to parties interested.
Evidence how taken.
In what cases.
1232
Effect and enforcement of order.
Order must be obtained
[C. & J. R. 60.]
When plaintiif may apply.
[Ib. 61.]
When defendant may apply.
[Ib. 63.]
Motion for order.
[Ib. 64.]
1233
Power of Court thereon.
In what cases.
[Ib. 65.]
Absence of witness.
[Ib.]
Witness resident out of the Colony.
[Ib.]
Cause list.
[Ib. 66.]
Transfer to hearing paper.
[Ib. 67.]
Order of causes.
[Ib.]
Notice to parties.
[Ib. 68.]
1234
Causes taken out of turn.
Adjournment of causes.
[Ib. 70.]
On fixed days.
[Ib. 71.]
On other days.
Power to exclude the public.
[Ib. 72.]
Order of bussiness.
Delivery of judgments.
Ex parte motions, &c.
Opposed motions, &c.
Trial of causes.
1235
By Judge, or by Full Court with or without jury.
[C. & J. R. 81-83.]
To be determined on summons.
Order thereon.
[Comp. R. S. C. (England) 1883. Ord. XXXVI, s. 2.]
Power of Court to order jury at any time.
Inspection by jury, by parties, or by witnesses.
[See Ordinance No. 18 of 1887, s. 32.]
Rule or order for summoning jury.
Existing laws as to juries.
1236
Rules of evidence continue in force.
Power to admit affidavits.
Cross-examination thereon.
Where cross-examination not practicable.
[C. & J. R. 90.]
Order of Court to admit.
Any person may be summoned by the Court as a witness.
[In: Co: Am: 1861, s. 9.]
Incompetency from immature age.
Or unsoundness of mind.
1237
Cort may relieve witness from answering certain questions.
[In. Ev. Act 1872, s. 148.]
Reasonable grounds for such question.
[Ib. 149.]
Questions indecent and scandalous.
[Ib. 151.]
Needlessly offensive.
[Ib. 152.]
Entries in books of account.
[In. Ev. Act, 1855, ss. 7-13.]
Government Gazettes.
Proclamations Acts of State, &c.
Books of science, maps, charts.
Foreign law.
1238
Public maps.
In what language.
[C. & J. R. 230.]
How divided.
Facts known to witness.
[Ib. 232.]
Information from oters.
[Ib.]
Erasures, interlineaions, &c.
[Ib. 233.]
Before whom to be sworn.
[Ib. 234.]
In foreign parts.
1239
Proof of seal and signature of Court or Judge, &c.
When defective in form.
[Ib. 234.]
Not to be sworn before certain persons.
[Ib. 236.]
Amendment and re-swearing.
[Ib, 240.]
Filing of original Office copy.
[Ib. 242.]
Viva voce evidence preparatory to hearing.
[See 19 & 20 Vic. c. 113.--22, Vic. c. 20, --22 & 23, Vic. c. 63, & 24, Vic. c. 11.]
[C. & J. R. 244.]
How to eb taken.
[Ib.]
Evidence before suit instituted.
[Ib. 245.]
1240
Court may impose terms.
Evidence of witness in former proceedings.
[Ib. 246.]
Proviso as to subject matter.
Notice to admit.
[Ib. 248.]
Consequence of refusal -- costs.
Costs of proof where no notice given.
Court may order.
[14 & 15 Vic. c. 99, s. 6.]
1241
Notice to produce.
[In: Co: 107.]
Order to produce.
Documents relating to affairs of state, &c.
[In. Ev. Act. 1855, s. 21.]
Perosns present in Court compelled to give evidence.
[Ib. s. 25.]
Persons may be summoned merely to produce documents.
[Ib. s. 26.]
Non-attendance of both parites.
[C. & J. R. 75.]
1242
Of plaintiff.
[Ib. 76.]
Of defendant.
[Ib. 77.]
Futher service.
[Ib.]
When Court may proceed ex parte.
[Ib.]
Re-hearing for absent defendant.
[Ib. 78.]
Restoration of cause to hearing list for plaintiff.
[Ib. 79.]
Non-attendance of plaintiff a second
1243
time.
[Ib. 80.]
Peremptory order.
Effect of dismissal of suit in such cases.
[Ib.]
[Ib. 84.]
Statement of pleadings.
Burden of proof.
Party to begin.
Evidence.
Summing up.
Case of other party.
1244
General reply.
Case closed.
Evidence in reply.
Addresses thereon.
Cross-examination and re-examination.
[Ib. 85.]
Judge's notes.
[Ib. 86.]
Inspection or copy thereof.
[Ib.]
Objections to evidence.
[Ib. 87.]
Note of objection.
[Ib. 88.]
Evidence by affidavit or commission.
[Ib. 89.]
1245
Documentary evidence.
[Ib. 91.]
To be marked.
[Ib.]
Amendment of pleadings.
[Ib. 92.]
On what terms.
[Ib. 93.]
Pleadings which embarass or delay.
[Ib. 94.]
In petition or answer.
[C. & J. R. 272.]
Appointment of commissioner to investigate.
[In: Co: 181.]
1246
Expenses of commission.
Nonsuit, verdict for plaintiff or defendant--special case.
Full Court.
Special case how settled.
Setting down.
for argument.
Nonsuit, &c. where no leave reserved.
Court may permit withdrawal with liberty to bring fresh action.
[In: Co: 97.]
1247
Limitation of action.
Withdrawal without permission.
Disposal of suit by adjustment.
[Ib. 98.]
Notice of adjustment to Registrar.
Delivery of judgment.
[In: Co: 183.]
Where judgment reserved.
Where judgment delivered at hearing.
Notice of judgment.
Minute thereof by Registrar--Force and effect thereof.
Formal decree.
1248
Decree for money--interest.
Payment by instalments.
[Ib. 194.]
Where setoff is allowed.
[Ib. 195.]
Decree to be obeyed without demand.
Written judgment to be filed.
General powers of the Court.
[C. & J. R. 100.]
Application for review by notice of motion.
[Ib. 101.]
Such notice no stay of proceedings--money in Court.
[Ib.]
1249
Application after 14 days.
[Ib.]
Jury may be demanded.
[Ib. 102.]
Court may order jury.
[Ib. 103.]
Discovery of new evidence.
[In: Co: 376. In. Ev. Act, 1855, s. 57. In. Ev. Act, 1872, s. 167.]
Improper admission or rejection of evidence.
Proceedings where application is granted.
[In: Co: 380.]
Examintion of judgment debtor.
[C. & J. R. 129.]
1250
Discovery of property.
[Ib. 130.]
Production of books and documents.
[Ib.]
Examination of other witnesses.
[Ib.]
Adjournment of hearing and proceedings thereon.
[Ib.]
Interim order for protection of property.
[Ib.]
Decree for possession of immovable property.
[In: Co: 199.]
Decree for moveable property--performance of contract or alternative.
[Ib. 200.]
1251
Decree for money.
[Ib. 201.]
For execution of deeds, &c. or indorsement of negotiable instruments.
[Ib. 202.]
Against representatives of deceased persons.
[Ib. 203.]
Against sureties.
[Ib. 204.]
Property liable to attachment and sale in execution of decree.
[Ib. 205.]
1252
Payment into Court of monies under decree.
[Ib. 206.]
By order of Court before taxation of costs.
[In. Acts xx of 1862, s. 8 & xi of 1865, s. 19.]
Must be made to the Registrar--form of.
[In: Co: 207.]
Cross-decees.
[Ib. 209.]
Court may stay execution in certian cases of previous decree.
[Ib.]
Decree against legal representative.
[Ib. 210.]
1253
Mode of execution.
[Ib. 211.]
Record of application for execution.
[Ib. 215.]
Registrar may apply to Court for direction.
Execution to issue in order of application.
Application for execution after interval of one year, or against representative of original party.
[Ib. 216.]
Order thereon.
[Ib. 217.]
1254
Registrar to issue proper writ of execution.
[Ib. 221.]
Obstruction to execution of decree.
[Ib. 226.]
By defendant.
[Ib. 227.]
Penalty for.
[Ib. 228.]
By any person other than the defendant asserting a claim to possession.
[Ib. 229.]
1255
Where right of decree-holder disputed.
[Ib. 230.]
Effect of decision under two last paragraphs.
Mode of attachment.
[Ib. 232.]
1256
Moveable property in possession of defendant.
[Ib. 233.]
Where subject to lien or rights of third parties.
[Ib. 234.]
Immovable property.
[Ib. 235.]
Debts and shares in public companies.
[Ib. 256.]
Property in the custody of a public officer or in custodia legis.
[Ib. 237.]
Negotiable instruments.
[Ib. 238.]

1257
Service of prohibitory orders.
[Ib. 239.]
Pruvate alienation after attachment void.
[Ib. 240.]
Payment into Court by debtor.
[Ib. 241.]
Court may order money or proceeds of property attached, or any part thereof to be paid to the decree-holder.
[Ib. 242.]
Appointment of manager.
[Ib. 243.]
1258
Mortage in lieu of sale on application of judgment debtor.
In absence of judgment debtor, Court may order mortgage in lieu of sale.
Order for withdrawal of attachment on satisfaction of decree.
[Ib. 245.]
1259
Investgation thereof by the Court.
[Ib. 246.]
Claim or objection to be preferred at the earliest opportunity.
[Ib. 247.]
Registrar to have conduct of sale.
1260
Setting aside sale for irregularity.
[Ib. 257.]
When sale becomes absolute.
[Ib.]
Return of deposit or purchase money.
[Ib. 258.]
Transfer jto purchaser by certificate--stamp duty--registration.
[Ib. 259.]
Delivery of moveable property in possession of defendant.
[Ib. 261.]
To which defendant entitled subject to lien.
[Ib. 262.]
1261
Of immoveable property in the occupancy of a defendant.
[Ib. 263.]
In Lawful occupancy of other persons.
[Ib. 264.]
Of debts and shares in public companies.
[Ib. 265.]
Of negotiable securities.
[Ib. 266.]
Transfer of securities and shares.
[Ib. 267.]
1262
Obstructing purchaser in obtaining possession.
[Ib. 268.]
Obstruction by claimants other than defendant.
[Ib. 269.]
Subsistence allowance to prisoner for debt.
[Ib. 276.]
1263
Removal of prisoner for debt in case of illness.
Release of prisoner for debt.
[Ib. 278.]
Term of imprisonment for debt.
Subsistence money to be added to amount of decree.
[Ib. 279.]
Application for discharge.
Procedure on such application.
[Ib. 280.]
Unjustifiable extravagance.
[Ib. 281.]
1264
Wilful concealment of property.
Fraudulent transfers.
Act of bad faith.
Continuance of liability of debtor's property.
[Ib. 282.]
Decision of question as to mesne profits and other matters.
[Ib. 283 & See In. Co. Am. 1861 s. 11.]
By leave of the Court.
Application for order against person guilty of.
[C. & J. R. 141.]
1265
Evidence in support.
[Ib.]
Copy to be served.
[Ib.]
Proceedings on return-day.
[Ib. 142.]
Enlargement of time and conditional order.
[Ib.]
Duration of detention.
[Ib. 143.]
[* See Ord. No. 2 of 1855.]
In what cases.
1266
Affidavit to be filed.
Issue of writ.
Absence form the Colony.
Bond to be entered into before issue of writ.
1267
Form thereof.
Writ how executed.
Proirity fo writs.
Property in custody of a public officer.
or in custodia legis.
How lands attached.
Memorial to be registered.
1268
Cancellation thereof.
Effect of registration of memorial.
Effect of service of writ attaching moveable property.
Sale of moveable property by order of Court.
Punishment of garnishee disposing of attached property without leave.
1269
Custody by Sheriff.
Notice fo foreign attachment.
Notice to absent defendant may be ordered.
Proceedings after issue of writ.
Examination of garnishee.
1270
Power to summon any perosn as a witness.
Proceedings on judgment.
Execution.
Dissolution of writ.
Attachment of ships.
Claims to property attached.
1271
Stay of proceedings against garnishee.
Leave to defend before judgment.
Release of property attached on security being given.
Suit may be re-opened within two years after judgment.
Reversal of judgment not to affect purchasers.
1272
In what cases may be preferred--In what form.
[* 23 & 24 V. c. 34.]
To be commenced by petition.
Consent of Governor--Procedure thereon.
Service of petition, &c.
Proceedings on decree.
In what cases.
[See Ord. No. 7 of 1860. 18 & 19 V. c. 67 C. & J. R. 18.]
Leave to defend.
[C. & J. R. 19.]
1273
Proceedings where leave not obtained.
[Ib. 20.]
Setting aside judgment.
[Ib. 21.]
Deposit of bill in Court.
[Ib. 22.]
Security for costs.
Holder's expenses of noting, &c.
[Ib. 23.]
One writ against all parties.
[Ib. 24.]
Writ must set forth claim with precision.
[Ib.]
1274
[See C. L. P. Act, 1854 ss. 68-74.]
Mandamus may be claimed by indorsement on the writ.
What the petition should set forth.
Proceedings thereon.
Judgment and execution.
Form of writ.
Return of.
Court may order act to be done at the expense of the defendant.
1275
How person admitted to sue or defend.
[C. & J. R. 264.]
Affidavit of material facts.
Counsel and attorney assigned bound to act.
[Ib. 265.]
No fee or reward shall be given by pauper.
[Ib. 266.]
When perosn so suing may be dispaupered.
[Ib. 267.]
1276
[See C. L. P. Act 1852, s. 47.]
Form of, and poceedings thereom=n.
[In: Co: 142.]
Judgment
[Ib. 143.]
Form and contents of agreement.
[Ib. 328.]
1277
Agreement to be filed and numbered as a suit.
[Ib. 329.]
Judgment,
[Ib. 331.]
Application for order of reference.
[Ib. 312.]
1278
Appointment of arbitrators.
[Ib. 314.]
Order of reference.
[Ib. 315.]
Appointment of umpire where necessary.
[Ib. 316.]
Enforcing attendance of witnesses.
[Ib. 317.]
Extension of time for making award.
[Ib. 318.]
1279
Power of Court in case of death, incapacity or refusal to act.
[Ib. 319.]
Special case for opinion of the Court.
[Ib. 321.]
Court may modify or correct award.
[Ib. 322.]
Power as to costs.
Power of Court to remit award for reconsideration.
[Ib. 323.]
1280
Setting aside award.
[Ib. 324.]
Filing award--effect of.
[Ib. 325.]
Reference by private agreement.
[Ib. 326.]
Application to file.
Proceedings thereon.
Effect thereof.
Arbitration without the intervention of the Court.
Application to file award.
[Ib. 327.]
1281
Proceedings thereon.
Effect thereof.
General powers of Court.
[C. & J. R. 274.]
General powers of Court.
[Ib. 275.]
Enlargement or abridgment.
[Ib. 276.]
May be granted after expiration of time previously allowed.
[Ib. 277.]
How to be made.
1282
Sundays and holidays.
Time expiring on a Sunday or holiday.
Time in casse of security for costs by plaintiff.
Period of vacation not to count.
Discretion of Court.
[In: Co: 187. C. & J. R. 262.]
What shall be included in costs.
1283
Amount of Court fees and of fees and costs of counsel and attorney pending issue of new scale.
General powers of Court as to security for costs.
[C. & J. R. 263.]
Power of Court stay proceedings until appearance entered.
Sealing and return of documents.
In Government Gazette.
1284
Application of present forms.
By resolution of Council.
Proclamation.