Directory_and_Chronicle_1890 — Page 183

CODE OF CIVIL PROCEDURE-HONGKONG.

CHAPTER XVII.

153

Suits in Formú 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 suc 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 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 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.

Attorney

to act.

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- assigned bound sider 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.

Reward shali

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 begiven by any person applying or admitted to suer 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, be 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 saine being shown to the Court, be deprived of all the privileges of such admission.

PART V.

PROCEEDINGS BY AGREEMENT OF PARTIES.-ARBITRA- TION. MISCELLANEOUS PROVISIONS.

CHAPTER XVIII.

Issues by Agreement of Parties.

thereon.

LXXXVII.-- When the parties to a suit are agreed as to the question Form of, and or questions of fact or of law to be decided between them, they may state Proceedings 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 negative of such issue, a sum of money specified in the agreement, or to be ascertained by the Court upon a ques- tion 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 perform some particular act, or shall refrain from doing or performing some particular act, specified in the agreement, and having reference to the matter in dispute.