The Hongkong Goverument Gazette.
Judgment by Default, &c.
VIII. With respect to judgment by Default and the mode of ascertaining the amount to be reco-Rule to compute abo-
apon, be it further enacted and ordained, that no Rule to compute shall be necessary or used; lishod.
actions where the Plaintiff seeks to recover a debt or liquidate demand in money, judgment by fault for liquidated De- Judgment by De-
be final.
mands final.
X. In actions in which it shall appear to the Court that the amount of Damages sought to be Inquiry of Dama- by the Plaintiff is substantially a matter of calculation, it shall not be necessary to issue a Writ of ges may be directed the Court may direct that the amount, for which final judgment is to be signed, shall be ascer- to take place before
the Registrar. the Registrar of the Supreme Court; and the attendance of Witnesses and the production of Docu- e such Registrar may be compelled by subpœna, in the same manner as before a Jury upon a airy; and it shall be lawful for such Registrar to adjourn the Inquiry from time to time, as occa- quire; and the Registrar shall endorse upon the Rule or Order for referring the amount of Da- n. the amount found by him, and shall deliver the Rule or Order, with such Endorsement, to the and such and the like proceedings may thereupon be had as to Taxation of Costs, signing Judg- otherwise, as upon the Finding of a Jury upon a Writ of Inquiry.
AX. In all actions where the Plaintiff recovers a sum of Money, the amount to which he is entitled Judgment for Mo- warded to him by the Judgment generally, without any distinction being therein made as to whether ney Demands without distinction between is recovered by way of a Debt or Damages.
Debt and Damages.
XXI. Nothing in this Ordinance contained shall in any way affect the Provisions of a certain Act of Saving as to certain passed in the Session of Parliament holden in the Eighth and Ninth Years of the Reign of His Provisions of 8 & 9 King William the Third, intituled “An Act for the better preventing frivolous and vexatious Suits," W. 3, c. 11.
Assignment or Suggestion of Breaches, or as to Judgment for a penalty as a Security for Damages
; of further Breaches.
Abatement.
XXII. With respect to the effect of Death, Marriage, Bankruptcy, or Insolvency upon the proceed- Action not to abate
action; be it further enacted and ordained, that the death of a Plaintiff or Defendant shall not cause by death. o abate, but it niay be continued as hereinafter mentioned.
XXIII. If there be two or more Plaintiffs or Defendants, and one or more of them should die, if the In case of death of action survive to the remaining Plaintiff or Plaintiffs, or against the remaining Defendant or one or more of several ts, the action shall not thereby abate; but such death being suggested on the record, the action Plaintiffs or Defen-
dants. ted at the suit of the remaining Plaintiff or Plaintiffs against the remaining Defendant or Defendants. XXIV. In the case of the Death of a sole Plaintiff or sole remaining Plaintiff, the legal representa- In case of sole Plain ech Plaintiff may, by leave of the Court, enter a suggestion of the death, and that he is such legal tiff.
ative, and the action shall thereupon proceed; and, if such suggestion be made before the trial, of such suggestion, shall be tried thereat, together with the title of the dead Plaintiff, and such shall follow upon the verdict in favor of or against the person making such suggestion, as if such sere originally the Plaintiff.
f
fendant.
XXV. In case of the Death of a sole Defendant or sole remaining Defendant, where the action survives, Upon death of sole may make a suggestion, either in any of the pleadings, if the cause has not arrived at issue, or or sole surviving De- of the issue, if it has so arrived, of the death, and that a person therein named is the executor or ator of the deceased; and may thereupon serve such executor or administrator with a copy of the suggestion, and with a notice, signed by the Plaintiff or his attorney, requiring such executor or rator to appear within eight days after service of the notice, inclusive of the day of such service, in default of his s so doing the Plaintiff may sign judgment against him as such executor or adminis- and the same proceedings may ensue in case of non-appearance after such notice as upon a writ such executor or administrator in respect of the cause for which the action was brought; and in 'cadings have taken place before the death, the suggestion shall form part of the declaration, and ration and suggestion may be served together, and the new Defendant shall plead thereto at the **; and in case the Plaintiff shall have declared, but the Defendant shall not have pleaded, before the new Defendant shall plead at the same time to the declaration and suggestion; and in case dant shall have pleaded before the death, the new Defendant shall be at liberty to plead to the , only by way of denial, or such plea as may be appropriate to or rendered necessary by his of executor or administrator, unless by leave of the Court he should be permitted to plead fresh answer to the declaration; and in case the Defendant shall have pleaded before the death, but the
• shall not have arrived at issue, the new Defendant, besides pleading to the suggestion, shall the pleadings to issue in the same manner as the deceased might have done, and the pleadings declaration and upon the suggestion shall be tried together; and in case the Plaintiff shall recover, be entitled to the like judgment in respect of the debt or sum sought to be recovered, and in the costs prior to the suggestion, and in respect of the costs of the suggestion, and subsequent e shall be entitled to the like judgment as in an action originally commenced against the executor
strator.
3 by the N
XXVI. The Death of either party between verdict and judgment, shall not hereafter be alleged for Death between verdict
and judgment. #such judgment be entered within two terms after such verdict. XXVII. If
Plaintiff in any action happea to die after an interlocutory judgment and before a In case of death after interlocutory and sment
therein, the action shall not thereby abate, if it might be originally prosecuted or executor or administrator of such Plaintiff; and if the Defendant die after such inter-
before final judgment. judgment and before a final judgment obtained therein, the action shall not thereby abate if it
riginally prosecuted or maintained against the executor or administrator of such Defendant;
and f. or, if he be dead after such interlocutory judgment, his executors or administrators, may have a vivor in the form C.to this Ordinance annexed, or to the like effect, against the Defendant, if ir such interlocutory judgment, or if he be dead, then against his executors or administrators, to why damages in such action should not be assessed and recovered by him or them; and if such this executors or administrators shall appear at the return of such writ, and not shew or allege
sufficien
to arrest the final judgment, or shall make default, a writ of inquiry of damages thereupon
awarded, or the amount for which final judgment is to be signed, shall be referred to the * or other officer of the Supreme Court as hereinbefore provided; and upon the return of the writ, y of the order with the amount endorsed thereon to the Plaintiff, his executors or administrators, foal shall be given for the said Plaintiff, his executors or administrators, prosecuting such writ
cainst such Defendant, his executors or administrators, respectively. XVIII. The Marriage of a woman Plaintiff or Defendant shall not cause the action to abate, but may nothwithstanding be proceeded with ́to judgment; and such judgment may be executed against lone, or by suggestion or writ of revivor pursuant to this Ordinance, judgment may be obtained
Marriage.. not abate action.
to
*
No comments yet.
Private notes are available after approval.