Directory_and_Chronicle_1879 — Page 648

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CODE OF CIVIL PROCEDURE—HONGKONG.

2.-If the Court shall be satisfied, after an examination of the parties aud taking such evidence as it may deem proper, that the agreement was duly executed by the parties, and that the parties have a bona fide interest in the decision of such question, and that the same is fit to be tried and decided, it may proceed to try the same, and deliver its finding or opinion thereon in the manner as if the issue had been framed by the Court, and may, upon the finding or decision on such issue give judgment for the sum so agreed on, or so ascertair ed as aforesaid, or otherwise according to the terms of the agreement; and upon the judgment which shall be so giver, decree shall follow and may be executed in the same way as if the judgment had been pronounced in a cortested suit.

How Questions may be raised for the Decision of the Court by any persons interested.

LXXXVIII.—Parties interested or claiming to be interested in the decision of any question of fact or law, way erter into an agreement, which shall not ba subject to any stamp duty, that upon the finding of the Court in the affirmative or negative of such question of fact or law, a sum of money fixed by the parties, or to be detained by the Court, shall be paid by one of the parties to the other of them; or that some property, moveable or immoveable, specified in the agreement shall be delivered by one of the parties to the other of them; or that one or more of the parties shall do or perform some particular act or shall refrain from doing or performing some particular act specified in the agreement. Where the agreement is for the delivery of some property, moveable or immoveable, or for the doing or performing or the refraining to do or perform any particular act, the estimated value of the prop rty to be delivered, or to which the act specified may have reference, shall be stated in the agreement.

2. The agreement shall be filed in Court, and, when so filed, shall be numbered and registered as a suit between the parties interested as plaintiffs and defendants, and all the parties to it shall be subject to the jurisdiction of the Court, and shall be bound by the statements contained therein.

3. The case shall be set down for hearing as an ordinary suit; and if the Court shall be satisfied, after hearing the parties and taking such evidence as it may deem proper, that the agreement was duly executed by the parties, and that they have a bona fide interest in the question of fact or law stated iberein, and that the same is fit to be tried or decided, it shali proceed, to try the same, and deliver its finding or opinion thereon in the same way as in an ordinary suit; and shall, upon its finding or deciding upon the question of fact or law, give judgment for the sum fixed by the parties, or so ascertained as aforesaid, or otherwise, according to the terms of the agreement, and upon the judgment which shall be so given, decree shall follow and may be executed in the same way as if the judgment had been pronounced in an ordinary suit.

CHAPTER XIX. Reference to Arbitration.

LXXXIX.—If the parties to a suit are desirous that the matters in difference between them in the suit, or any of such matters, shall be referred to the final decision of one or more arbitrator or arbitrators, they may apply to the Court at any time before final judgment for an order of reference, and such order shall be filed with the proceedings in the suit.

2. The arbitrators shall be nominated by the parties in such manuer as may be agreed upon between them. If the parties cannot agree with respect to the nomina- tion of the arbitrators, or if the persons nominated by them shall refuse to accept the arbitration, and the parties are desirous that the nomination shall be made by the Court, the Court shall appoint the arbitrators.

3. The Court shall, by an order under its seal, refer to the arbitrators the matters in difference in the suit which they may be required to determine, and shall fix such time as it may think reasonable for the delivery of the award, and the time so fixed shall be specified in the order.