Directory_and_Chronicle_1901 — Page 366

Old Procedure and Practice how far suspended.

How far made auxiliary.

Fusion of Procedure at Law and in Equity.

Register of Suits,

By whom Pro- ceedings may be instituted.

Court may order

308

CODE OF CIVIL PROCEDURE-HONGKONG

(e.) To affect any Suit, Action, or other Proceeding instituted

at the time of the commencement of this Ordinance; Provided always that in case the parties to any such last-men- tioned Suit, Action, or other Proceeding shall desire to carry on and continue the same, so far as may be practicable, under the provisions of this Code, the Court may, in its discretion, permit them so to do upon such terms and conditions as it may think reasonable.

Old Procedure and Practice

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IV. Except so far as may be otherwise specially provided in this Code, all the enactments contained in any Ordinances of the Colony, or in any Acts or Parts of Acts of the Imperial Parliament in force therein relating to the procedure and practice of the Court in its common law and equity jurisdiction, and all rules and orders of the Supreme Court (in- cluding all unwritten rules of practice, and all rules or orders of any Court of law or equity in England, which are now in force in the Colony) shall, from and after the commencement of this Ordinance, and during the continuance thereof, be suspended in their operation so far as they relate to such procedure and practice, subject to the proviso next hereinafter contained, that is to say: Provided that as regards any matters for which no special provision may have been made by the Code, the said Ordinances, Acts, or Parts of Acts, Rules or Orders hereby suspended, shall be deemed to remain in force so far as the same shall not conflict, or be inconsistent with, the Code of Procedure introduced by this Ordinance, and can be made auxiliary thereto.

New Procedure and Practice

V. From and after the commencement of this Ordinance, the pro- cedure and practice of the Supreme Court in its common law and equity jurisdictions shall be assimilated, and all civil suits shall be instituted and carried on in manner hereinafter prescribed.

PART I.

FROM THE INSTITUTION OF A SUIT TO THE HEARING CHAPTER I.THE INSTITUTION OF SUITS Register of Civil Suits

VI. The Registrar shall keep a Book called the Register of Civil Suits, which shall be in the form contained in the Schedule to the Code, or as near thereto as circumstances permit, and shall contain the entries. specified in the said form, and every suit or proceeding, however instituted under the provisions of this Code, shall be numbered in each year accord- ing to the order in which the same shall be commenced.

Attorneys and Agents

VII.-Every person doing any act, or taking any proceeding in the Court as plaintiff, or otherwise, must do so in his own name, and not otherwise, and either by himself or by his attorney, procurator, or agent thereunto lawfully authorised in writing.

2.- Where such act is done, or proceeding taken by an attorney, Authority to sue, procurator or agent, the Court may order that the power of attorney, or instrument constituting the procurator or agent, or an authenticated copy thereof, be filed in the Court before, or at the commencement of, or during the proceedings.

to be filed.

Where the

Original must be filed.

3.-Where the authority is special and has reference only to the particular proceeding to be taken, the original document itself must be filed; but where the authority is general or has reference to other matters in which the attorney, procurator, or agent is empowered to act, an authenticated copy of such document may be filed.