Directory_and_Chronicle_1902 — Page 440

CODE OF CIVIL PROCEDURE—HONGKONG

937

18. When the evidence adduced at the hearing varies substantially Amendment of from the allegations of the respective parties in the pleadings, it shall bo Pleadings. 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 on what

Terms. 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.

which embarass

20.-The Court may, at the bearing, order or allow, on such terms as Pleadings seem just, the striking out or amendment of any pleading that appears so or delay. framed as to prejudice, embarass, or delay the fair trial of the real ques- tions in controversy between the parties.

Supplemental Statement

Answer,

LXIII.-Facts or circumstances, occurring after the institution of a In Petition or suit, may, by leave of the Court, be introduced by way of amendment into the petition or answer (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

to investigate,

LXIV.-In any suit or other judicial proceeding in which an inves- Appointment of tigation or adjustment of accounts may be necessary, it shall be lawful Commissioner 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.

2. Whenever a commission is issued for an investigation into accounts, Expenses of the Court, before issuing the commission, may order such sum as may be Commission. 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

Defendant-

LXV.-The Court may at the trial, without consent of parties, direct Nonsuit, Verdict a nonsuit, or a verdict for the plaintiff or defendant to be entered, or it for Plaintiff or may reserve any point of law or direct a verdict subject to a special case Special Case. to be stated for the opinion of the Court.

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

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

how settled.

4.-The Court may order any point of law reserved to be set down Setting down for argument without any previous application.

for Argument.

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

reserved at the trial.

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