Directory_and_Chronicle_1895 — Page 376

Court may

at

Defendant.

336

CODE OF CIVIL PROCEDURE-HONGKONG

6. The Court may, upon application by the plaintiff, besides or order 4th to be instead of proceeding against the disobedient party by attachment, direct expense of the that the acts required to be done may be done by the plaintiff, or some 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.

How Person

or defend.

CHAPTER XVII.

Suits in Forma Pauperis.

LXXXVI.--Any poor person, before commencing or defending any admitted to sue action or suit in the Court in his own right or becoming poor during the 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 formû pauperis; and also to appoint a barrister and attorney to appear for him.

Affidavit of

2.-No person shall be admitted to sae in forma pauperis unless he material Facts. shall have filed in Court an affidavit containing a full statement of all the

material facts of the case to the best of his belief.

Counsel and Attorney

assigned bound to act.

No Fee or Reward shall be given by Pauper.

When Person

só suing may be dispaupered.

Form of, and Proceedings thereon.

3.-If in any case the Court thinks fit to assign a counsel or attorney to assist a person admitted to sue or defend in forma pauperis, or to con- 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.

4.-No fer shall be taken by any barrister or attorney so assigned, nor shall any fees of Court be demanded by any officer of the Court from any person applying or admitted to sue or defend as a pauper; but if he 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 aud 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.

5. Any person having been admitted to sze or defend as a pauper and becoming of ability during the progress of the cause, or misbehaving himself therein by any vexatious or improper conduct or proceeding, or wilfully delaying the cause, shall, on the same 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.

LXXXVII.—When the parties to a suit are agreed as to the question or questions of fact or of law to be decided between them, they may state 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