CODE OF CIVIL PROCEDURE-HONGKONG.
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the proof of such facts or circumstances, or for affording all parties con- cerned leave and opportunity to meet the statements so introduced.
Reference of Account.
Commissioner
LXIV. In any suit or other judicial proceeding in which an inves- Appointment of tigation or adjustment of accounts may be necessary, it shall be lawful to investigate. for the Court, at or before the hearing, 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 adjust ment. In all such cases, the Court shall furnish the commissioner with such part of the proceedings and such detailed instructions as may appear necessary for his information and guidance; and the instructions shall distinctly specify whether the 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 commissioner 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 ultimate judgment or order as may appear to it to be right and proper in the circumstances of the case.
pass such
2. Whenever a commission is issued for an investigation into accounts, Expenses of the Court, before issuing the commissión, may order such sum as inay be Commission. thought reasonable for the expenses of the commission to be paid into Court by the party at whose instance or for whose benefit the commission is issued.
Incidental Powers.
LXV.-The Court may at the trial, without consent of parties, direct Nonguit, Verdict a nonsuit, or a verdict for the plaintiff or d-fendant to be entered, or it for Pl-intiff or may reserve any point of law or direct a verdict subject to a special case special Case. to be stated for the opinion of the Court.
Defendant-
2. Every such point of law so reserved, and every such special case Full Court. shall be heard before the full Court.
3. Every such special case shall be settled by the parties, and in case Special Case of difference by the full Court.
how settled.
4.-The Court may order any point of law reserved to be set down setting down for argument without any previous application.
for Argument. 5.The Court shall, upon motion for a new trial, have power to Nonsuit, &c.. order a nonsuit or verdict to be entered, although no leave has been where no Leave reserved at the trial.
Withdrawal and Adjustment of Suits.
reserved.
drawal with
bring fresh
LXVI.-If the plaintiff, at any ime before final judgment, satisfy Court may the Court that there are sufficient grounds for permitting him to withdraw print with- from the suit with liberty to bring a fresh suit for the same matter, it Liberty to shall be competent to the Court to grant such permission on uch terms Action. 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 accounts in Limitation of the same manner as if the first suit had not been brought. If the plaintiff action. withdraw from the suit without such permission, he shall be precluded Withdrawal from bringing a fres. suit for the same matter.
without Per- mission.
2.-If a suit shall be a ljusted by mutual agreement or compromise, Diapo al of Suit or if the defendant satisfy the plaintiff in respect of the matter of the suit, by Adjustment. such agreement, compromise, or sati-fac ion shall be recorded, and the suit shall be disposed of in accordance therewith.
3.-Notice of such agreement, compromise or satisfaction shall be Notios of given by the plaintiff, or in case an attorney shall be employed, by his disment attorney, to the Registrar, together with such particulars as may be
to Registrar.