|
The Hongkong Government Gazette.
damage by the non-performance of such duty, and that performance thereof has been demanded by him and refused or neglected. Proceedings upon LXI. The pleadings and other proceedings in any action in which a writ of Mandamus is claimed sh claim for Mandamus. be the same in all respects, as nearly as may be, and costs shall be recoverable by either party, as in a
ordinary action for the recovery of damages.
Judgment and ex- ecution.
Form of Peremp- tory writ.
Effect of writ of
the act to be done at
LXII. In case judgment shall be given to the Plaintiff that a Mandamus do issue, it shall be lawful fo the Court, if it shall see fit, besides issuing execution in the ordinary way for the costs and damages, also issue a peremptory writ of Mandamus to the defendant, commanding him forthwith to perform the duty t
be enforced.
LXIII. The writ need not recite the declaration or other proceedings, or the matter therein stated, bu 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 may be issued Term or Vacation and returnable forthwith; and no Return thereto, except that of compliance, shall allowed, but time to return it may, upon sufficient grounds, be allowed by the Court, either with or without
terms.
LXIV. The Writ of Mandamus so issued as aforesaid shall have the same force and effect as a Mandamus and pro- peremptory writ of Mandamus, and in case of disobedience, may be enforced by attachment- ceedings to enforce it.
LXV. The Court may, upon application by the Plaintiff, besides or instead of proceeding against the Court may order disobedient party by attachment, direct that the act required to be done may be done by the Plaintiff, or the expense of the some 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 ascertained by the Court, either by writ of Inquiry or reference to the Registrar, as the Court may order; and the Court may order payment of the amount of such expenses and costs, and enforce payment thereof by execution.
defendant.
Delivery of specific chattels.
Claim of writ of Injunction.
Form of writ of
any
LXVI. The Court shall have power, if it see fit so to do, upon the application of the Plaintiff in action for the detention of any chattel, to order that execution shall issue for the return of the chatte detained, without giving the defendant the option of retaining such chattel upon paying the value assessed, or otherwise agreed upon, and that if the said chattel cannot be found, and unless the Court should other. wise order, the sheriff shall distrain the defendant by all his lands and chattels till the defendant render such chattel, or, at the option of the Plaintiff, that he cause to be made of the defendant's goods the assessed value of such chattel; provided that the Plaintiff shall, either by the same or a separate writ of execution, be entitled to have made of the defendant's goods the damages, costs, and interest in such action.
Injunction.
LXVII. In all cases of breach of contract or other injury, where the party injured is entitled to maintain and has brought an action, he may, in like case and manner as herein before provided with respect t Mandamus, claim a writ of Injunction against the repetition or continuance of such breach of contract o other injury, or the committal of any breach of contract or injury of a like kind, arising out of the same contract, or relating to the same property or right, and he may also in the same action include a claim for damages or other redress. •
LXVIII. The Writ of Summons in such action shall be in the same form as the writ of summons in an summons and endorse- personal action, but on every such writ and copy thereof there shall be endorsed a notice, that in default appearance the Plaintiff may, besides proceeding to judgment and execution for damages and costs, app for and obtain a writ of injunction.
ment thereon.
Form of proceedings and of judgment.
•
LXIX. The proceedings in such action shall be the same, as nearly as may be, and subject to the like control, as the proceedings in an action to obtain a Mandamus under the provisions hereinbefore contained: and in such action judgment may be given that the writ of injunction do or do not issue, as justice may require; and in case of disobedience, such writ of injunction may be enforced by attachment by the Court. Writ of injunction LXX. It shall be lawful for the plaintiff, at any time after the commencement of the action, and whether may be applied for at before or after judgment, to apply ex parte to the Court for a writ of injunction to restrain the defendant in any stage of the cause, such action from the repetition or continuance of the wrongful act or breach of contract complained of, or the committal of any breach of contract or injury of a like kind, arising out of the same contract, or relating to the same property or right; and such writ may be granted or denied by the Court upon such terms as tā the duration of the writ, keeping an account, giving security, or otherwise, as to such Court shall seem reasonable and just; and in case of disobedience, such writ may be enforced by attachment by the Court.
LXXI. It shall be lawful for the defendant or plaintiff in any cause in Court in which, if judgment were obtained, he would be entitled to Relief against such judgment on equitable grounds, to plead the fact which entitle him to such relief by way of defence, and the Court is hereby empowered to receive such defence by way of Plea;. provided that such Plea shall begin with the words "For defence on equitable grounds," or words to the like effect.
Equitable may be pleaded.
defence
Equitable defence after judgment.
Equitable replica-
tion.
LXXII. Any such matter which, if it arose before or during the time for pleading, would be an answer to the action by way of Plea, may, if it arise after the lapse of the period during which it could be pleaded, br set up by way of audita querela.
LXXIII. The Plaintiff may reply, in answer to any plea of the defendant, Facts which avoid such plea upon equitable grounds; provided that such Replication shall begin with the words "For replication on equitable grounds," or words to the like effect.
Court may strike LXXIV. Provided always, that in case it shall appear to the Court, that any such equitable plea of out equitable plca or equitable replication cannot be dealt with by a Court of Law so as to do justice between the parties, it shall repsication.
be lawful for such Court to order the same to be struck out on such terms as to costs and otherwise as to such Court may seem reasonable."
Actions instruments,
on
lost
under
Jurisdiction Ship-owners Act.
53. G. 3. c. 159.
False evidence.
LXXV. In case of any action founded upon a bill of exchange or other negotiable instrument, it shal be lawful for the Court to order that the loss of such instrument shall not be set up, provided an indemnity is given, to the satisfaction of the Court or Registrar, against the claims of any other person upon such negotiable instrument.
LXXVI. The Court may, upon summary application by rule or order, exercise such and the like of jurisdiction as may, under the provisions of an Act of Parliament made and passed in the Fifty-third year the Reign of His Majesty King George the Third, intituled an "Act to limit the Responsibility of Ship Owners in certain cases,' de exercised by any Court of Equity.
LXXVII. Any person who shall upon any examination upon oath or affirmation, or statement, or in any affidavit in proceedings under this Ordinance, wilfully and corruptly give false evidence, or wilfully and corruptly swear or affirm any thing which shall be false, being convicted thereof, shall be liable to the penalties of wilful and corrupt Perjury.
| XXVIII thereupo 'at, in ac
It shall be LXXIX. ered by t
ty, but th by the 1 * before s 3 of Inquir may requi * to him, tif; and
1. and othe 1.XXX. I
4
be awarde sum is re 1.XXXI.
ament pas
sty King the Assi spect of fi
LXXXIL
in an actio ..tion to at LXXXII * of acti ndants, t * proceed i LXXXIV
of such
-entative truth of s ement sh
3 were o LXXXV.
Paintiff 1 opy of t nistrator : and sugg nistrator that in de and t
"
1st such no plead declaratio te time; a death, the
* Defendan
«tion, o acter of
ter in ans
lings sh
ue the the dec
shall be
et of the to be sl ministra LXXXV
* KO AS SU LXXXV judgmer tained t lory jud 't ie ori! Plaintiff, t of Revit
Z after:
cause tulant F
matter
be the
estrar or
Slivery o ment fit seviror ag LXXX
action in
e Wife al
***TIONERING," za migusi, 1000.”
Estabitanda 18457
half of these charges for ea i -----
v. D. ROBERTS,
Consul Outei
No comments yet.
Private notes are available after approval.