Directory_and_Chronicle_1868 — Page 563

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280

SUMMARY JURISDICTION COURT-HONGKONG.

shall give notice thereof in writing to the plaintiff and to the clerk of the court, setting forth in such notice the date of his discharge.

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XL.-Where a defendant intends to rely on the defence of coverture with the ad- ditional fact that her husband was within the colony at the time of the commencement of suit, she shall give notice thereof in writing to the plaintiff and to the clerk of the court, setting forth in such notice the residence of husband.

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XLI. Where the defence is a tender, such defence shall not be available unless before or at the hearing of the cause the defendant pays into court the amount alleged to have been tendered.

XLII.-The forms of notice of defence specified in Schedules 8 and 9, to these orders annexed, may be used with such variations as the circumstances of each case may require.

Adjournment of Cause.

XLIII. The parties to any cause at any time before the cause is called on may by consent and without any hearing fee postpone the hearing to such subsequent court as the judge shall direct.

XLIV. Where a cause is adjourned no order of adjournment shall be served on either party unless by direction of the judge.

XLV. When anything, required by the practice of the court to be done by either party, before or during the hearing, has not been done, the judge may, in his discretion, and on such terms as he shall think fit, adjourn the hearing to enable the party to comply with the practice.

Amendment.

XLVI.-Where a person other than the defendant appears at the bearing and admits that he is the person whom the plaintiff intended to charge, his name may be substituted, for that of the defendant, if the plaintiff consents, and thereupon the cause shall proceed, as to set-off and other matters, as if such person had been originally named in the summons and the costs of the person originally named as the defendant shall be in the discretion of the judge.

XLVII.-Where a party sues or is sued in a representative character, but at the hearing it appears that he ought to have sued or been sued in his own right the judge may, at the instance of either party and on such terms as he shall think fit, amend the proceedings accordingly, and thereupon the cause shall proceed, as to set-off and other matters, as if the proper description of the party had been given in the summons.

XLVIII-Where a party sues or is sued in his own right, but at the hearing it appears that he ought to have sued or been sued in a representative character the judge may, at the instance of either party, and on such terms as he shall think fit, amend the proceedings accordingly, and thereupon the cause shall proceed as to set-off and other matters as if the proper description of the party had been given in the summons.

XLIX.--Where the name or description of a plaintiff in the summons is insufficient or incorrect, it may, at the hearing, be amended at the instance of either party by order of the judge, on such terms as he shall think fit, and thereupon the cause shall proceed as to set-off and other matters, as if the name or description had been originally such as it appears after the amendment has been made.

L.-Where the name or description of a defendant in the summons is insufficient or incorrect, and the defendant appears and objects to the description, it may, at the hearing, be amended at the instance of either party by order of the judge, on such terms as he shall think fit, and thereupon the cause shall proceed as to set-off and other matters as if the name or description had been originally such as it appears after the amendment has been made; but if no objection is taken to the name or description, the cause may proceed, and in the judgment, and all subsequent proceedings founded thereon, the defendant may be named and described in the same manner.

LI. In actions by or against a husband if a wife be improperly joined or omitted as a party, the summons may, at the hearing, be amended at the instance of either party by order of the judge, on such terms as he shall think fit, and thereupon the cause shall proceed as to set-off and other matters as if the proper person had been made party to the suit.

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