Directory_and_Chronicle_1882 — Page 740

CODE OF CIVIL PROCEDURE-HONGKONG.

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6. The Court may, upon application by the plaintiff, besides r instead of pro- ceeding against the disobedient party by attachment, direct that the act required to be done may be done by the plaintiff, or some other person appointed by the Court, at the expense of te delendant; and upon the act being done, the amonn of such expense may be a sextaine 1 by the Court its lf, or by reference to the Rgistrar, as the Court may th k fit to order; and the Court may order payment of th 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 a tion or suit in the Court in his own right or becoming poo" during the pro. ress thereof, may aply to the Court by petition for leave to sue or defend as a pauper, which petition shall be supported by an affidav ́t of the peti ioner, and of two househol ́ors living in his neighbourhool, that he is not possessed of property to the amant of fifty dollars in valu›, excepting wearing apparel and the matter or thing claim 1 bự him in the action or suit if he be plaintiff, and thereupon it shall be rfrel to a barrister to consider the case; and upon the petitioner pro·lucing a certiûnte, signed by such barrister, that he has considre 1 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 su or delend, as the cas may be, in formi pauperis; and also to appoint a barrister and attorney to appear for him.

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2. —No person shall be admitted to sue in forma proteris, unless he shall have filed in Curt an affi lavit 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 form i pauperis, or to consider the case ad give such certificate as aforesaid, the counsel or at orney so as-iguod may not refus his assistance, unless he satisfies the Court thate has some gooi rason 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 person 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 larrister 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 charge- able shall be charged and recovered.

5.-Any person having been admitted to sue or def nd as a pauper, and becoming of ability during the progress of the cause, or misbehaving himself therein by any vexatious or improper conduct or proceding, or wilfully delaying the cause, s'all, on the same being shown to the Court, be deprived of all the privileges of such a lai sion,

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 ques- tions of fact or of law to be decided between them, thy may state the same in the form of an issue, 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 ne ative of such issn, 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 pa ti s to the other of them, or that upon such finding one or more of the parties shall do or perform sove particular act, or shall refrain from doing or performing some particular act, specified in the agreement, and having refer nee to the matter in dispute.