THE HONGKONG GOVERNMENT GAZETTE, 14TH NOVEMBER, 1885.
778. The defendant in his plea or defence to the action shall set out specially that he was neting under the pro- visions of this Ordinance, naming the section or sections under which he was acting, and shall state generally the nature of the defence he proposes to make at the trial, but the defendant shall not, at the trial, except as next herein- after provided, be prevented from giving evidence of matters not stated in his plea.
79. If it shall appear to the Court on any such trial that any matter proposed to be put in evidence for the de- fendant is not set out or clearly referred to in the defendant's plea, and is of such a nature as to embarrass the plaintiff, by reason of the plaintiff's not having had notice or knowledge, or the means of knowing that the defendant intended to adduce such evidence, the Court shall postpone the trial, and allow the defendant to amend his plea on such terms as may seem reasonable, with or without costs.
80. Judgment shall not be given for the plaintiff in any action for anything done or intended to be done under this Ordinance, if it shall be made to appear to the Court that the defendant acted by the orders of any Magistrate em- powered by law to act in that behalf, or if the defendant acted in good faith believing he had power to act, unless it be shown that the defendant acted maliciously and without reasonable or probable cause.
81. In any case where the amount of damages which the Court may think proper in the cause shall not exceed in amount any sum tendered or offered in writing to be paid, or any sum paid into Court by the defendant, at any time before trial, the plaintiff shall not have judgment for any sum, and shall pay to the defendant his costs of the action; Provided always that in the event of any sufficient tender, offer in writing, or payment into Court after action com- menced, the costs up till the time of such tender, offer, or payment, shall be in the discretion of the Court, and the costs after such time shall be payable by the plaintiff to the defendant.
82. If the judgment shall be for the defendant in any such action, or if the plaintiff therein become nonsuited, or suffer any discontinuance thereof, the Court shall allow to the defendant his full costs as between Attorney and Client, and he shall have the like remedy for the same as any de- fendant has by law in other cases, and though a verdict shall be given for the plaintiff in any such action, such plaintiff shall not have costs against the defendant unless the Judge before whom the trial shall be shall certify his approbation of the action.
Power to make Rules.
83. The Governor in Council may from time to time make, alter, and repeal rules consistent with this Ordinance for the better carrying out of the same. All such rules shall be published in the Gazette, and when so published shall have the force of law.
Repeals.
84. The following Ordinances or portions thereof are repealed:
8 of 1844,
.The whole.
11 of 1844,.
9 of 1867,.
10 of 1868,..
3 of 1869,
All, except sections 38 and 39. So much of sections 11 and 16 as applies to the sale of in- toxicating liquors.
The whole.
.The whole.
But such repeal shall not affect anything lawfully done or commenced to be done under the said Ordinances, nor revive any Ordinance repealed by them. All public house or adjunct licences and licences for distilleries granted under the said Ordinances, as well as all recognisances entered into thereunder shall continue in force for their full term as if they were granted or executed under the present Ordi-
nance.
85. This Ordinance shall take effect on a day to be hereafter proclaimed by the Governor.
Defance.
(88. O. 89.)
Want of notice.
(NN. 0.90.)
Aria by subordinatee Good faith.
(88. O. 91)
Tender of
duty n.
(88. 0. 92,)
Conta
(SS. O. 93.)
Power to mako rulon
Repeals.
Commence nient of
Ordinance.
987
No comments yet.
Private notes are available after approval.