Directory_and_Chronicle_1895 — Page 358

Amendment of Pleadings.

On what Terms.

Pleadings

or delay.

318

CODE OF CIVIL PROCEDURE-HONGKONG

18.—When the evidence adduced at the hearing varies substantially 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 seem just, so as to avoid surprise and injury to any party; but all amendments 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 bearing, order or allow, on such terms as which embarass seem just, the striking out or amendment of any pleading that appears so

framed as to prejudice, embarass, or delay the fair trial of the real tions in controversy between the parties.

In Petition Or Answer.

Appointment of

to investigate.

Supplemental Statement.

ques-

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 auswer (as the case may require) at any stage of the pro- ceedings, and the Court may make such order as seems 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 Commissioner 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 t e case, unless the Court may have reason to be dissatisfied with them, in which case the Court shall make such furt er 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, Verd'st for Plaintiff or Defendant- Special Case.

Full Court.

Special Case how settled.

Setting down

for Argument.

Nonsuit, &c.,

where no Leave

reserved.

2.-Whenever a commission is issued for an investigation into accounts, the Court, b fore 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, wit out 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 Curt.

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 without any previous application.

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