Directory_and_Chronicle_1871 — Page 611

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SUMMARY JURISDICTION COURT-HONGKONG.

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LII-Where it appears at the hearing that a greater number of persons have been made plaintiffs than by law required, the name of the person improperly joined, may at the instance of either party, be struck out by order of the judge, in such terms as he shall think fit, and thereupon the cause shall proceed as to set-off and other matters as if the proper party or parties had alone been made plaintiffs.

LIII-Where it appears at the hearing that a less number of persons have been made plaintiff's than by law required, the name of the omitted person may, at the instance of either party, be added 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think fit, and thereupon the cause shall proceed, as to set-off and other matters as if the proper persons had been originally made parties; and if such person shall either at the hearing or some adjournment thereof personally or by writing, sigued by him or his agent, consent to become a plaintiff in manner aforesaid, the judge shall then pronounce judgment as if such person had originally been made a plaintiff; but if such person shall not consent to become a plaintiff in manner aforesaid, either at the hearing or at the adjournment thereof, judgment of non-suit shall be entered.

LIV. Where it appears at the hearing that a greater number of persons have been made defendants than by law required, the name of the person improperly joined may, at the instance of either party, be struck out by order of the judge, on such terms as he shall think fit, and thereupon the case shall proceed as to set-off and other matters as if the proper party or parties had alone been made defendants, and the costs of the person improperly joined as the defendant shall be in the discretion of the judge.

LV.-Where_two or more persons are made defendants, and some of them have not been served, the name or names of the defendant or defendants who have not been served may, at the instance of either party, be struck out 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 party or parties whose name or names have not been struck out, had alone been made defendant or defendants.

Costs.

LVI.-Monies paid on a judgment shall be appropriated first in satisfaction of the costs, and afterwards in satisfaction of the original demand.

LVII. Costs of warrants against the goods, whether executed or unexecuted, or unproductive, shall be allowed against the defendant, unless the judge shall otherwise direct.

LVIII. No possession fee shall be payable where an execution is paid out at the time of the levy; but if the officer shall necessarily remain in possession more than half-an-hour, and the execution shall be paid out on the day of levy, the possession fee for that day shall be charged.

Orders.

LIX-Orders for payment of money, or costs, or both, and orders of adjournment, when directed to be served, shall in all cases be prepared by the clerk and delivered to the bailiff who shall cause them to be delivered to the parties on whom they are respectively directed to be served: Provided always, that it shall not be necessary for the party in whose favor any order has been made to prove previously to his taking proceedings thereon that it was sent or reached the opposite party.

LX.Where the court gives leave to take any proceeding, it shall not be necessary to draw up any order, nor shall any order be drawn up to warrant such proceeding.

Warrants of Execution against the Goods.

LXI.-Warrants of execution against the goods shall bear date on the day on which they are issued.

LXII. The precise time when any application shall be made to the clerk to issue a warrant against the goods of a party shall be entered by him in his book, and on the warrant, and when more than one such warrant shall be delivered to the bailiff to be executed he shall execute them in order of the times so entered.

LXIII. The clerk of the court shall, on issuing a warrant of execution against the goods, indorse on such warrant the amount to be levied, distinguishing the amount adjudged to be paid and the amount of the fee for issuing the warrant.

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