Directory_and_Chronicle_1889 — Page 979

CODE OF CIVIL PROCEDURE-HONGKONG.

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with to perform the duty to be enforced, and such writ in case of disobe- dience may be enforced by attachment.

5. The writ of Mandamus need not contain any recitals, but shall Form of Writ, simply command the performance of the duty, and in other respects shall be in the form of an ordinary writ of execution, except that it shall be directed to the party and not to the Sheriff, and returnable forthwith;

and no return thereto, except that of compliance, shall be allowed, but Return of time to return it may, upon sufficient grounds, be allowed by the Court, either with or without terms.

order Act to be

Defendant.

6. The Court may, upon application by the plaintiff, besides or Court may instead of proceeding against the disobedient party by attachment, direct done at the that the acts required to be done may be done by the plaintiff, or some Expense of the other person appointed by the Court, at the expense of the defendant; and upon the act being done, the amount of such expense may be ascer- tained 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 Formâ Pauperis.

or defend,

LXXXVI-Any poor person, before commencing or defending any How Person action or suit in the Court in his own right or becoming poor during the admitted to sue progress thereof, 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 petitioner, and of two householders living in his neighbourhood, that he is not possessed of property to the amount of fifty dollars 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 producing a certi- ficate, 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 formá pauperis; and also to appoint a barrister and attorney to appear for him.

2.-No person shall be admitted to sue in formâ pauperis unless he Affidavit of shall have filed in Court an affidavit containing a full statement of all the material Facts 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 Counsel and to assist a person admitted to sue or defend in formâ pauperis, or to con- Attorney

assigned bound sider the case and give such certificate as aforesaid the counsel or attorney to act. so assigned may not refuse his assistance, unless he satisfies the Court that he has some good reason for refusing.

be given by

4.-No fee shall be taken by any barrister or attorney so assigned, No Fee or nor shall any fees of Court be demanded by any officer of the Court from Reward sha any person applying or admitted to sue or defend as a pauper; but if he Pauper. 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, Le chargeable shall be charged and recovered.

so suing may

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