Directory_and_Chronicle_1902 — Page 458

CODE OF CIVIL PROCEDURE-HONGKONG

355

at the

Defendant.

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

CHAPTER XVII. Suits in Forma Pauperis

admitted to sue

LXXXVI.—Any poor person, before commercing or defending any How Person action or suit in the Court in his own right or becoming poor during the or defende 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 bę. it shall be lawful for the Court to admit the petitioner to sue or defend. as the case may be, in forma pauperis; and also to appoint a barrister and attorney to appear for him.

2.-No person shall be admitted to sue in formâ pauperis unless he Affidavit of shall have filed in Court an affidavit containing a full statement of all the material Facts. material facts of the case to the best of his belief.

assigned bound

3.--If in any case the Court thinks fit to assign a counsel or attorney Counsel and to assist a person admitted to sue or defeud in formâ pauperis, or to con- Attorney sider the case and give such certificate as aforesaid, the counsel or attorney to act. so assigned may not refuse his assistance, unless he satisfies the Court that he has some good reason for refusing.

Reward shall

be

4.—No fee shall be taken by any barrister or attorney so assigned, To Fee or nor shall any fees of Court be demande 1 by any officer of the Court from even by any person applying or admitted to sue or defend as a pauper; but if he Pauper. 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 and shall receive all such fees as the Registrar of the Court spall 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 sue or defend as a pauper When Person and becoming of ability during the progress of the cause, or misbehaving be dispaupered. 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

thereon.

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

Digitized by

Google

12*