AD. 1901.]
CODE OF CIVIL PROCEDURE,
[No. 3.
749
and two householders living in his neighbourhood or other responsible persons that he is not possessed of property to the amount of fifty dollars in value, his wearing apparel and the subject-matter of the action or proceeding only excepted.
495.-(1.) The Court shall thereupon assign a counsel and solicitor to consider the petitioner's case.
Assignment of counsel and solicitor
(2.) The petitioner shall lay a case before counsel for his opinion to consider whether or not he has reasonable grounds for suing or defending.
496.-(1.) No person shall be admitted to sue or defend as a pauper unless the case laid before counsel for his opinion and his opinion thereon, with an affidavit of the party, or his solicitor, that the case contains a full and true statement of all the material facts to the best of his knowledge and belief, and with a certificate, signed by counsel, that he has considered the case and believes the petitioner to have a good cause of action or defence, as the case may be, is produced before the Court.
(2.) If these conditions are complied with, the Court may order that the petitioner shall be admitted to sue or defend, as the case may be, as a pauper.
case. : H. K. Code, s. 86 (1.) 0. 16 r. 23. Order for sue or defend as pauper. H. K. Code, s. 86 (1.) admission to 0. 16 r. 24.
497. Where a person is admitted to sue or defend as a pauper, the Court may, if necessary, assign a counsel or solicitor, or both, to assist him.
Assignment of counsel and solicitor to assist pauper. Ib. r. 26.
498.-(1.) No fee shall be payable by a pauper to his counsel or solicitor.
(2.) A person admitted to sue or defend as a pauper shall not be liable to any Court fee: Provided that if such person succeeds and costs are adjudged to be paid by his opponent, then his counsel and solicitor shall be entitled to and shall receive all such fees as the Registrar may allow to them on taxation, and such Court fees as would in other cases be chargeable shall be charged and recovered.
Exemption of pauper from payment of fees. H. K. Code, s. 86 (4.) 0. 16 rr. 24, 25.
499. A counsel or solicitor assigned under this Chapter shall not be at liberty to refuse his assistance unless he satisfies the Court that he has some good reason for refusing.
Duty of solicitor assigned to act. Ib. r. 26.
500.-(1.) While a person sues or defends as a pauper, no person shall take, or agree to take, or seek to obtain from him any fee, profit, or reward for the conduct of his business in the Court.
(2.) Every person who takes, or agrees to take, or seeks to obtain any such fee, profit, or reward shall be deemed guilty of a contempt of Court, and shall be liable to be proceeded against and punished accordingly.
Punishment of person taking fee from pauper. Ib. r. 27.