THE HONGKONG GOVERNMENT GAZETTE, 4TH OCTOBER, 1873.
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 Representative 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, on 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 Dispute as
a deceased Plaintiff, it shall be competent to the Court either to to legal Re- stay the Suit until the Fact has been duly determined in another presentative. 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.
Defendants or of a sole or
6. If there be two or more Defendants, and one of them die, Death of one and the Cause of Action shall not survive against the surviving of several Defendant or Defendants alone, and also in Čase of the Death of a sole Defendant, or sole surviving Defendant, where the Action surviving survives, the Plaintiff may make an Application to the Court, Defendant. specifying the Namie, Description, and Place of Abode of any Person whom the Plaintiff alleges to be the legal Representative 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 Purty to the former Proceedings in the Suit.
Marriage of Parties.
XXII. The Marriage of a Female Plaintiff, or Defendant, When not to shall not cause the Suit to abate, but the Suit may notwithstand- abate the Suit. ing be proceeded with to Judgment, and the Decree thereupon may be 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 nay, by Leave of the Court, be executed against the Husband also; and in Case of Judgment 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 Parties.
XXIII. The Bankruptcy of the Plaintiff in any Suit which When not to the Assignee might maintain for the Benefit of the Creditors, abate the Suit. 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 and 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 Suit.
CHAPTER IV,
THE PETITION.
Form and Contents.
XXIV. After the Appearance of the Defendant to the Suit, To correspond or in Case of Non-appearance, then by Leave of the Court, the with Writ of Plaintiff may file in the Supreme Court a Petition which shall Summons. contain the Names, Description and Place of Abode of the Plaintiff and of the Defendant so far as they can be ascertained, and shall correspond in those Particulars with the Writ of Summons.
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