698524-1873-Bills-Passed-Committee-Code-of-Civil-Procedure--c-- — Page 46

452 SUPPLEMENT TO THE HONGKONG GOVERNMENT GAZETTE, 27TH SEPT., 1873.

PART V.

PROCEEDINGS BY AGREEMENT OF PAR- `

TIES ARBITRATION-MISCELLANEOUS PROVISIONS.

Form of, and Poceedings thereon.

Judgment.

Form and Cou-

ment.

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 euter into an Agreerient in writing, which shall not be subject to any Stamp Duty, that upon the Finding of the Court in the Affirmative or the Negative of such Issue, a Sum of Money specified in the Agreement, or to be ascertained by the Court upon a Question inserted in the Issue for that Purpose, shall be paid by one of the Parties to the other of them or that upon such Finding some Property specified in the Agreement, and in Dispute in the Suit, shall be delivered by one of the Par- ties to the other of them, or that upon such Finding one or more of the Parties shall do or perform some particular Act, or shall refrain from doing or performing some particular Act, spe- cified in the Agreement, and having reference to the Matter in Dispute.

2. If the Court shall be satisfied, after an Examination of the Parties, and taking such Evidence as it may deem proper, that the Agreement was duly executed by the Parties and that the Parties have a bona fide Interest in the Decision of such Question, and that the same is fit to be tried and decided, it may proceed to try the same, and deliver its Finding or Opinion thereon in the same Manner as if the Issue had been framed by the Court, and may, upon the Finding or Decision on such Issue give Judgment for the Sum so agreed on, or so ascertained as afore- said, or otherwise according to the Terms of the Agreement; and upon the Judgment which shall be so given, Decree shall follow and may be executed in the same Way as if the Judgment had been pronounced in a contested Suit.

How Questions may be raised for the Decision of the Court by any Persons interested,

LXXXVIII. Parties interested or claiming to be interested in tents of Agree- the Decision of any Question of Fact or Law, may enter into an Agreement, which shall not be subject to any Stamp Duty, that upon the Finding of the Court in the Affirmative or Negative of such Question of Fact or Law, a Sum of Money fixed by the Parties, or to be determined by the Court, shall be paid by one of the Parties to the other of them; or that some Property, moveable or immoveable, specified in the Agreement, shall be delivered by one of the Parties to the other of them; or that one or more of the Parties shall do or perform some particular Act or shall refrain from doing or performing some particular Act specified in the Agreement. Where the Agree- ment is for the Delivery of some Property, moveable or immove- able, or for the doing or performing or the refraining to do or perform any particular Act, the estimated Value of the Property to be delivered, or to which the Act specified may have Reference, shall be stated in the Agreement.

Agreement to be filed and

2. The Agreement shall be filed in Court, and, when so filed, shall be numbered and registered as a Suit between the numbered as a Parties interested as Plaintiffs and Defendants, and all the Parties to it shall be subject to the Jurisdiction of the Court, and shall be bound by the Statements contained therein.

Suit.

Judgment.

3. The Case shall be set down for hearing as an ordinary Suit; and if the Court shall be satisfied, after hearing the Parties and taking such Evidence as it may deem proper, that the Agreement was duly executed by the Parties, and that they have a bona fide Interest in the Question of Fact or Law stated therein, and that the same is fit to be tried or de- cided, it shall proceed to try the same, and deliver its Finding or Opinion thereon in the same Way as in an ordinary Suit; and shall, upon its finding or deciding upon the Question of Fact or Law, give Judgment for the Sum fixed by the Parties, or so ascertained as aforesaid, or otherwise, according to the Terms of the Agreement, and upon the Judgment which shall be so given, Decree shall follow and may be executed in the same Way as if the Judgment had been pronounced in an ordinary Suit.

+