Directory_and_Chronicle_1885 — Page 831

Documentary Evidence.

To be marked.

Amendivent of Pleadings.

On whut Тегше

Pleadings

which embarra or delay.

In Petition or Answer

Appointment of Commissioner

to investigate

Expenses of Commission

Nouauit, Verdict

for Plaintiff or Jufendant—

Special Cass,

Fall Court

130

CODE OF CIVIL PROCEDURE-HONGKONG.

16. Documentary evidence must be put in and read, or taken as read by consent.

17.-Every document put in evidence shall be marked by the officer of the Court at the time, and shall be retained by the Court during the hearing, and returned to the party who put it in, or from whose custody it came, immediately after the judgment, unless it is impounded by order

of the Court.

18. Where the evidence adduced at the hearing varies sal aantially from the allegations of the respective parties in the pleadings, it shall be in the discretion of the Court to allow the pleadings to be amended.

19. The Court may allow such amendment on such terms as to adjournment, costs, and other things as sem just, so as to avoid surprise and injury to any party; but all amendmente necessary for the determina- tion in the existing suit of the real question in controversy between the parties shall be made if duly applied for.

20.--The Court may, at the hearing, order or allow, on such terms aa seem just, the striking out or amendment of any pleading that appears so framed as to prejudice, embarrass, or delay the fair trial of the real ques- tions in controversy between the parties.

Supplemental Statement.

LXIII.Facts or circumstances, occurring after the institution of a suit, may, by leave of the Court, be introduced by way of amendment into the petition or answer (as the case may require) at any stage of the pro- ceedings, and the Court may make such order as scems just respecting the proof of such facts or circumstances, or for affording all parties con- cerned leave and opportunity to meet the statements so introduced.

Reference of Account.

LXIV. In any suit or other judicial proceeding in which an inves tigation or adjustment of accounts may be necessary, it shall be lawful for the Court, at or before the hearing, to appoint any competent person to be a commissioner for the purpose of making such investigation or adjustment, and to direct that the parties, or their attorneys or counsel, shall attend upon the commissioner during such investigation or uljnst- ment. In all such cases, the Court shall furnish the commissioner with such part of the proceedings and such detailed instructions any appear necessary for his information and guidance; and the instructions shall distinctly specify whether the commissioner is merely to transmit the proceedings which he may hold on the inquiry, or also to report his own opinion on the point referred for his investigation. The proceedlings of the commissioner shall be received in evidence in the case, tuleus the Court may have reason to be dissatisfied with them, in which case, the Court shall make such further inquiry as may be requisite, and skall pass such ultimate judgment or order as may appear to it to be right and proper the circumstances of the case.

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2. Whenever a commission is issued for an invest i vælt the ninten the Court, before issuing the commission, may crder such sum as may be thought reasonable for the espases of the commission to be paid into Court by the party at whose instance or for whose benefit the coinnick is issued.

Incidental Powers.

LXV. The Court may at the trial, without consent of partina, direct a nonsuit, or a verdict for the plaintiff or defendant to be entered, or it may reserve any point of law or direct a verdict subject to a speciul case to be stated for the opinion of the Court.

2.--Every such point of law so reserved, and every such special cano shall be heard before the full Court,