Directory_and_Chronicle_1879 — Page 647

CODE OF CIVIL PROCEDURE-HONGKONG.

157

6. The Court may, upon application by the plaintiff, besides or instead of pro- ceeding against the disobedient party by attachment, direct that the act required to be done may be dore by the plaintiff, or some other person appointed by the Court, at the expeuse of the defendant; and upon the act being done, the amount of such expense may be ascertained by the Court itself, or by reference to the Registrar, as the Court may think fit to order; and the Court may order payment of the amount of such expenses and costs, and enforce payment thereof by execution.

CHAPTER XVII.

Suits in Forma Pauperis.

LXXXVI.-Any poor person, before commencing or defending any action or suit in the Court in his own right or becoming poor during the progress therecf, may apply to the Court by petition for leave to sue or defend as a pauper, which petition shall be supported by an affidavit of the petiticner, and of two householders living in his neighbourhood, that he is not possessed of property to the amount of fifty Collars in value, excepting wearing apparel and the matter or thing claimed by him in the action or suit if he be plaintiff, and thereupon it shall be referred to a barrister to consider the case; and upon the petitioner pro·lucing a certificate, signed by such barrister, that he has considered the case, and believes him to have a good cause of action or defence, as the case may be, it shall be lawful for the Court to admit the petitioner to sue or defend, as the case may be, in forma pauperis; and also to appoint a barrister and attorney to appear for him.

2.- No person shall be admitted to sue in forma pauperis, unless he shall have filed in Court an affidavit containing a full statement of all the material facts of the case to the best of his belief.

3.-If in any case the Court thinks fit to assign a counsel or attorney to assist a person admitted to sue or defend in forma pauperis, or to consider the case and give such certificate as aforesaid, the counsel or attorney so assigned may not refuse his assistance, unless he satisfies the Court that he has some good reason for refusing.

4.-No fee shall be taken by any barrister or attorney so assigned, nor shall any fees of Court be demanded by any officer of the Court from any persons applying or admitted to sue or defend as a pauper; but if he succeed, and the costs should be awarded to be paid by his opponent, then the barrister and the attorney so assigned, shall be entitled to and shall receive all such fees as the Registrar of the Court shall allow to them on taxation, and such Court fees as would, in other cases, be chargeable shall be charged and recovered.

5. Any person having been admitted to sue or defend as a pauper, and becoming of ability during the progress of the cause, or misbehaving himself therein by any vexatious or improper conduct or proceeding, or wiltully delaying the cause, sball on the same being shown to the Court, be deprived of all the privileges of such admission.

PART V.

PROCEEDINGS BY AGREEMENT OF PARTIES.—ARBITRATION. -MISCELLANEOUS PROVISIONS. CHAPTER XVIII.

Issues by Agreement of Parties.

LXXXVII.—When the parties to a suit are agreed as to the question or questions of fact or of law to be decided between them, they may state the same in the form of an iɛsue, and enter into an agreement in writing, which shall not be subject to any stamp duty, that upon the finding of the Court in the affirmative or the negative of such issue, a sum of money specified in the agreement, or to be ascertained by the Court upon a question inserted in the issue for that purpose, shall be paid by one of the parties to the other of them, or that upon such finding some property specified in the agreement, and in dispute in the suit, shall be delivered by one of the parties to The other of them, or that upon such finding one or more of the parties shall do or erform some particular act, or shall refrain from doing or performing some particular ot, specified in the agreement, and having roference to the matter iu dispute.

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