Directory_and_Chronicle_1893 — Page 348

Appointment of Commissioner

306

CODE OF CIVIL PROCEDURE-HONGKONG

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- to investigate, 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 adjust- ment. In all such cases, the Court shall furnish the commissioner with such part of the proceedings and such detailed instructions as may 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 proceedings of the commissioner shall be received in evidence in the case, unless 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 shall pass such ultimate judgment or order as may appear to it to be right and proper in the circumstances of the case.

Expenses of Commission.

Nonsuit, Verdict for Plaintiff or Defendant- Special Case.

Fall Court.

Special Case how settled.

Setting down

2.-Whenever a commission is issued for an investigation into accounts, the Court, before issuing the commission, may order such sum as may be thought reasonable for the expenses of the commission to be paid into Court by the party at whose instance or for whose benefit the commission is issued.

Incidental Powers.

LXV. The Court may at the trial, without consent of parties, 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 special case to be stated for the opinion of the Court.

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

3.-Every such special case shall be settled by the parties, and in case of difference by the full Court.

4.-The Court may order any point of law reserved to be set down

for Argument. for argument without any previous application.

Nonsuit, &c.,

5.-The Court shall, upon motion for a new trial, have power to where no Leave order a nonsuit or verdict to be entered, although no leave has been

reserved at the trial.

reserved.

Court may permit With. drawal with Liberty to bring fresh Action.

Limitation of Action.

Withdrawal

without Per- mission.

Disposal of Suit

Withdrawal and Adjustment of Suits.

LXVI.-If the plaintiff, at any time before final judgment, satisfy the Court that th re are sufficient grounds for permitting him to withdraw from the suit with liberty to bring a fresh suit for the same matter, it shall be competent to the Court to grant su h permission on such terms as to costs of otherwise as it may dem proper. In any such fresh suit, the plaintiff shall be bound by the rules for the limitation of accounts in the same manner as if the first suit had not been brought. If the plaintiff withdraw from the suit without such permission, he shall be precluded from bringing a fresh suit for the same matter.

2. If a suit shall be adjusted by mutual agreement or compromise, by Adjustment. or if the defendant satisfy the plaintiff in respect of the matter of the suit. such agreement, compromise, or satisfaction shall be recorded, and the suit shall be disposed of in accordance therewith.

Notice of Adjustment to Registrar.

3.-Notice of such agreement, compromise, or satisfaction shall be given by the plaintiff, or in case an attorney shall be employed, by his attorney, to the Registrar, together with such particulars as may be