1912_CODE_OF_CIVIL_PROCEDURE — Page 80

CODE OF CIVIL PROCEDURE.

No. 3 of 1901.

1211

award

or in substi-

353. In any case in which the Court has jurisdiction to entertain Power to an application for an injunction against a breach of any covenant, damages in contract, or agreement, or against the commission or continuance addition to of any wrongful act, or for the specific performance of any covenant, tution for contract, or agreement, it shall be lawful for the Court, if it thinks injunction, fit, to award damages to the party injured, either in addition to or in substitution for such injunction or specific performance, and such damages may be assessed in such manner as the Court may direct.

etc.

354.-(1) In any action in which it appears to the Court that the Inquiry for amount of damages sought to be recovered by the plaintiff is sub- amount of

ascertaining stantially a matter of calculation, the Court may direct that the damages in amount for which final judgment is to be signed shall be ascertained by the Registrar or by such other person as the Court may appoint.

(2) Under any such direction, the attendance of witnesses and the production of documents before the Registrar or such other person may be compelled by subpœna.

(3) It shall be lawful for the Registrar or such other person to adjourn the inquiry as occasion may require.

(4) The Registrar or such other person shall indorse on the rule or order for referring the amount of damages to him the amount found by him, and shall deliver the rule or order, with such indorsement, to the plaintiff; and such and the like proceedings may thereupon be had, as to taxation of costs, signing judgment, and otherwise, as on the finding of a jury.

certain cases.

*

awarded

255. In any action where the plaintiff recovers a sum of money, Sum of the amount to which he is entitled may be awarded to him by the money to be judgment generally, without any distinction being therein made as generally. to whether such sum is recovered by way of a debt or of damages.

case of set-off claim for

and counter-

356.-(1) If the defendant has been allowed to set off any demand Judgınent in against the claim of the plaintiff, the judgment shall state what amount is due to the plaintiff and what amount, if any, is due to the defendant, and shall be for the recovery of any sum which shall appear to be due to either party.

(2) Similar provisions shall apply in the case of a counterclaim. (3) The judgment of the Court with respect to any sum awarded- to the defendant shall have the same effect and be subject to the

* As amended by No. 50 of 1911.

money. H. K. Code, s. 67 (8).

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