1246
No. 3 of 1901.
Application of Chapter XIX to person trading as firm. O.48A r. 11.
CODE OF CIVIL PROCEDURE.
493. Any person carrying on business within the jurisdiction in a name or style other than his own name may be sued in such name or style as if it were a firm name; and, so far as the nature of the case will permit, all the provisions of this Chapter relating to proceedings against firms shall apply.
CHAPTER XX.
ACTION BY OR AGAINST Pauper.
494. (1) Any poor person, before commencing or defending any action or other proceeding in the Court in his own right or as defend or becoming poor during the progress thereof, may apply to the Court by petition for leave to sue or defend as a pauper.
H. K. Code, s. 86 (1).
(2) The petition shall be supported by an affidavit of the petitioner and two householders living in his neighbourhood or other responsible persons that he is not possessed of property to the amount of 50 dollars in value, his wearing apparel and the subject-matter of the action or proceeding only excepted.
495.—(1) The Court shall thereupon assign a counsel and solicitor to consider the petitioner's case.
(2) The petitioner shall lay a case before counsel for his opinion whether or not he has reasonable grounds for suing or 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.
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.
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