698533-1873-Code-of-Civil-Procedure- — Page 40

THE HONGKONG GOVERNMENT GAZETTE, 4TH OCTOBER, 1873.

Notice that the Plaintiff intends to claim a Writ of Mandemus, by indorsement

and the Plaintiff may thereupon claim in the Petition either on the Writ. together with any other Demand which may now be enforced in

such Action, or separately, a Writ of Mandamus commanding

the Defendant to fulfil any Duty in the Fulfilment of which the Plaintiff is personally interested.

forth.

2. The Petition in such Action shall set forth sufficient What the Peti- Grounds upon which such Claim is founded, and shall set forth tion should set that the Plaintiff is personally interested therein, and that he' sustains, or may sustain, Damage by the Non-performance of such Duty and that Performance thereof has been demanded by him, and refused, or neglected.

thereon.

3. The Proceedings in any Action in which a Writ of Manda- Proceedings mus is claimed shall be the same in all Respects, as nearly as may be, as in an ordinary Action for the Recovery of Damages.

4. In Case Judgment shall be given for the Plaintiff that a Judgment and Mandamus do issue, it shall be lawful for the Court, if it shall Execution. see fit to issue a peremptory Writ of Mandamus to the Defend- ant, commanding him forthwith to perform the Duty to be enforced, and such Writ in Case of Disobedience may be enforced by Attachment.

5. The Writ of Mandamus need not contain any Recitals, but Form of Writ. shall simply command the Performance of the Duty, and in other Respects shall be in the Form of an ordinary Writ of Execution, except that it shall be directed to the Party and not

to the Sheriff, and returnable forthwith; and no Return thereto, Return of. except that of Compliance, shall be allowed, but Time to return it may, upon sufficient Grounds, be allowed by the Court either

with or without Terins.

6. The Court may, upon Application by the Plaintiff, besides Court may or instead of proceeding against the disobedient Party by At-order Act to be

done at the tachment, direct that the Act required to be done may be done

Expense of the by the Plaintiff, or some other Person appointed by the Court, at Defendant the Expense of the Defendant; and upon the Act being done, the Amount of such Expense may be ascertained 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 l'ayment thereof by Execution.

CHAPTER XVII.

Suits in Formâ Pauperis.

LXXXVI. Any poor Person, before commencing or defending How Person any Action or Suit in the Court in his own Right or becoming admitted to sue poor during the Progress thereof, may apply to the Court by or defend. 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 Certificate, 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 be, it shall be lawful for he Court to admit the Petitioner to sue or defend, as the Case may be, in Formâ Pauperis; and also to appoint

a Barrister and Attorney to appear for him.

2. No Person shall be admitted to sue in Formâ Pauperis, Affidavit of unless he shall have filed in Court an Affidavit containing a material Facts. full Statement of all the material Facts of the Case to the best

of his Belief.

to act.

3. If in any Case the Court thinks fit to assign a Counsel or Counsel aud Attorney to assist a Person admitted to suc or defend in Forma Attorney Pauperis, or to consider the Case and give such Certificate as assigned bound aforesaid, the Counsel or Attorney so assigned may not refuse his Assistance unless he satisfies the Court that he has some good Reason for refusing.

4. No Fee shall be taken by any Barrister or Attorney so No Fec or assigned, nor shall any Fees of Court be demanded by any Reward shall Officer of the Court from any Person applying or admitted to be given by

Pauper. sue or defend as a Pauper; but if he succeed, and the Costs should be awarded to be paid by his Opponent, then the Bar- rister and the Attorney so assigned, shall be entitled to and shall receive all such Fees as the Registrar of the Court shall 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 When Person Pauper, and becoming of ability during the Progress of the so suing may Cance, or misbehaving himself therein by any vexatious or in- be dispaupered. proper 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 Adroission.

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