THE HONGKONG GOVERNMENT GAZETTE, 10TH JUNE, 1865.
305
Amendment.
XLVI.
Where a Person other than the Defendant appears at the hearing and admits that he is the Person whom the Plaintiff intended to charge, his Name may be substituted for that of the Defendant, if the Plaintiff consents, and thereupon the cause shall proceed, as to Set-off and other Matters, as if such Person had been originally named in the Summons and the Costs of the Person originally named as the Defendant shall be in the discretion of the Judge.
XLVII.
Where a party sues or is sued in a representative character but at the hearing it appears that he ought to have sued or been sued in his own right the Judge may, at the instance of either
party and on such terms as he shall think fit, amend the proceedings accordingly and thereupon the cause shall proceed, as to Set-off and other Matters, as if the proper description of the party had been given in
the Summons.
XLVIII.
Where a party sues or is sued in his own right, but at the hearing it appears that he ought to have sued or been sued in a representative character the Judge may, at the instance of either party, and on such terms as he shall think fit, amend the proceedings accordingly, and thereupon the cause shall proceed as to Set-off and other Matters as if the proper description of the party had been given in the Summons.
XLIX.
Where the name or description of a Plaintiff in the Summons is insufficient or incorrect, it may, at the hearing, be amended at the instance of either party by order of the Judge, on such terms as he shall think fit, and theroupon the cause shall proceed as to Set-off and other Matters, as if the name or description had been originally such as it appears after the amendment has been made.
L.
Where the name or description of a Defendant in the Summons is insufficient or incorrect, and the Defendant appears and objects to the description, it may, at the hearing, be amended at the instance of either party by order of the Judge, on such terms as he shall think fit, and thereupon the cause shall proceed as to Set-off and other Matters as if the name or description had been originally such as it appears after the amendment has been made; but if no objection is taken to the name or description, the cause may proceed, and in the judgment, and all subsequent proceedings founded therein, the Defendant may be named and described in the same manner.
LI.
In Actions by or against a Husband if a Wife be improperly joined or omitted as a party the Summons may, at the hearing, be amended at the instance of either party by order of the Judge, on such terms as he shall think fit, and thereupon the cause shall proceed us to Set-off and other Matters as if the proper Person had been made party to the Suit.
LII.
Where it appears at the hearing that a greater number of Persons have been made Plaintiffs than by Law required, the Name of the Person improperly joined may, at the instance of either party, be struck out by order of the Judge on such terms as he shall think fit, and thereupon the cause shall proceed as to Set-off and other Matters as if the proper party or parties had alone been made Plaintiffs.
LIII.
Where it appears at the hearing that a less number of Persons have been made Plaintiffs than by Law, required the Name of the omitted Person may at the instance of either party be added by order of the Judge on such terms as he shall think fit, and thereupon the cause shall proceed, as to Set-off and other Matters as if the proper Persons had been originally made parties; and if such Person shall either at the hearing or some adjournment thereof personally or by writing, signed by him or his Agent, consent to become a Plaintiff in manner aforesaid the Judge shall then pronounce Judgment as if such Person had originally been made a Plaintiff; but if such Person shall not Consent to become a Plaintiff in manner aforesaid either at the hearing or at the adjournment thereof Judgment of non-suit shall be entered.
LIV.
Where it appears at the hearing that a greater number of Persons have been made Defendants than by Law required, the Name of the Person improperly joined may at the instance of either party bo struck out by order of the Judge, on such terms as he shall think fit and thereupon the cause shall proceed as to Set-off and other Matters as if the proper party or parties had alone been nude Defendants and the costs of the Person improperly joined as a Defendant shall be in the discretion of the Judge.
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