Common Law Procedure. before a Jury upon a Writ of Inquiry; and it shall be lawful for such Registrar to adjourn the Inquiry from Time to Time, as Occasion may require; and the Registrar shall endorse upon 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 Endorsement, to the Plaintiff; and such and the like Proceedings may thereupon be had as to Taxation of Costs, signing Judgment, and otherwise, as upon the Finding of a Jury upon a Writ of Inquiry. LXXX. In all Actions where the Plaintiff recovers a Sum of Money, the Amount to which he is entitled may be awarded to him by the Judgment generally, without any Distinction being therein made as to whether such Sum is recovered by way of a Debt or Damages. LXXXI. Nothing in this Ordinance contained shall in any way affect the Provisions of a certain Act of Parliament passed in the Session of Parliament holden in the Eighth and Ninth Years of the Reign of His Majesty King William the Third, intituled An Act for the better preventing frivolous and "vexatious Suits," or to the Assignment or Suggestion of Breaches, or as to Judgment for a Penalty as a Security for Damages in respect of further Breaches. Abatement. LXXXII. With respect to the Effect of Death, Marriage, Bankruptcy, or Insolvency upon the Proceedings in an Action, the Death of a Plaintiff or Defendant shall not cause an Action to abate, but it may be continued as herein-after mentioned. LXXXIII. If there be two or more Plaintiffs or Defendants, and one or more of them should die, if the Cause of Action survive to the remaining Plaintiff or Plaintiffs, or against the remaining Defendant or Defendants, the Action shall not thereby abate; but such Death being suggested on the Record, the Action shall proceed at the Suit of the remaining Plaintiff or Plaintiffs against the remaining Defendant or Defendants. LXXXIV. In the Case of the Death of a sole Plaintiff or sole remaining Plaintiff, the Legal Representative of such Plaintiff may, by Leave of the Court, enter a Suggestion of the Death, and that he is such Legal Representative, and the Action shall thereupon proceed; and, if such Suggestion be made before the Trial, the Truth of such Suggestion shall be tried thereat, together with the Title of the dead Plaintiff, and such Judgment shall follow upon the Verdict in favor of or against the Person making such Suggestion, as if such Person were originally the Plaintiff. LXXXV. In case of the Death of a sole Defendant or sole remaining Defendant, where the Action survives, the Plaintiff may make a Suggestion, either in any of the Pleadings, if the Cause has not arrived at Issue, or in a Copy of the Issue, if it has so arrived, of the Death, and that a Person therein named is the Executor or Administrator of the Deceased; and may thereupon serve such Executor or Administrator with a Copy of the Writ and Common Law Procedure. and Suggestion, and with a Notice, signed by the Plaintiff or his Attorney, requiring such Executor or Administrator to appear within Eight Days after Service of the Notice, inclusive of the Day of such Service, and that in Default of his so doing the Plaintiff may sign Judgment against him as such Executor or Administrator; and the same Proceedings may ensue in Case of Non-appearance after such Notice as upon a Writ against such Executor or Administrator in respect of the Cause for which the Action was brought; and in Case no Pleadings have taken place before the Death, the Suggestion shall form Part of the Declaration, and the Declaration and Suggestion may be served together, and the new Defendant shall plead thereto at the same Time; and in Case the Plaintiff shall have declared, but the Defendant shall not have pleaded, before the Death, the new Defendant shall plead at the same Time to the Declaration and Suggestion; and in Case the Defendant shall have pleaded before the Death, the new Defendant shall be at Liberty to plead to the Suggestion, only by way of Denial, or such Plea as may be appropriate to or rendered necessary by his Character of Executor or Administrator, unless by Leave of the Court he should be permitted to plead fresh Matter in Answer to the Declaration; and in Case the Defendant shall have pleaded before the Death, but the Pleadings shall not have arrived at Issue, the new Defendant, besides pleading to the Suggestion, shall continue the Pleadings to Issue in the same Manner as the Deceased might have done, and the Pleadings upon the Declaration and upon the Suggestion shall be tried together; and in Case the Plaintiff shall recover, he shall be entitled to the like Judgment in respect of the Debt or Sum sought to be recovered, and in respect of the Costs prior to the Suggestion, and in respect of the Costs of the Suggestion, and subsequent thereto, he shall be entitled to the like Judgment as in an Action originally commenced against the Executor or Administrator. Death between S. 139. LXXXVI. The Death of either Party between Verdict and Judgment, shall not hereafter be alleged for Error so as such Judgment be entered within two Terms after such Verdict. LXXXVII. If the Plaintiff in any Action happen to die after an interlocutory Judgment, and before a final Judgment obtained therein, the Action shall not thereby abate, if it might be originally prosecuted or maintained by the Executor or Administrator of such Plaintiff; and if the Defendant die after such interlocutory Judgment. Judgment, and before a final Judgment obtained therein, the Action shall not thereby abate if it might be originally prosecuted or maintained against the Executor or Administrator of such Defendant; and the Plaintiff, or, if he be dead after such interlocutory Judgment, his Executors or Administrators, may have a Writ of Revivor in the Form C. to this Ordinance annexed, or to the like Effect, against the Defendant, if living after such interlocutory Judgment, or if he be dead, then against his Executors or Administrators, to show Cause why Damages in such Action should not be assessed and recovered by him or them; and if such Defendant his Executors or Administrators shall appear S. 14.0. 4. Marriage not to abate Action. S/42. Bankruptcy or not to abate C.L. P.A. 1854. 5.92. To compel Con tinuance or Common Law Procedure. appear at the Return of such Writ, and not show or allege any Matter sufficient to arrest the final Judgment, or shall make Default, a Writ of Inquiry of Damages shall be thereupon awarded, or the Amount for which final Judgment is to be signed, shall be referred to the Registrar or other Officer of the Supreme Court as herein-before provided; and upon the Return of the Writ, or Delivery of the Order with the Amount endorsed thereon to the Plaintiff, his Executors or Administrators, Judgment final shall be given for the said Plaintiff, his Executors or Administrators, prosecuting such Writ of Revivor against such Defendant, his Executors or Administrators respectively. LXXXVIII. The Marriage of a Woman, Plaintiff or Defen. dant, shall not cause the Action to abate, but the Action may notwithstanding be proceeded with to Judgment; and such Judgment may be executed against the Wife alone, or by Suggestion or Writ of Revivor pursuant to this Ordinance, Judgment may be obtained against the Husband and Wife, and Execution issue thereon; and in case of a Judgment for the Wife, Execution may be issued thereupon by the Authority of the Husband without any Writ of Revivor or Suggestion; and if in any such Action the Wife shall sue or defend by Attorney appointed by her when sole, such Attorney shall have Authority to continue the Action or Defence, unless such Authority be countermanded by the Husband, and the Attorney changed, according to the Practice of the Court. LXXXIX. The Bankruptcy or Insolvency of the Plaintiff in any Action which the Assignees might maintain for the Benefit of the Creditors, shall not be pleaded in Bar to such Action unless the Assignees shall decline to continue, and give Security for the Costs thereof upon an Order of the Court to be obtained for that Purpose, within such reasonable Time as the Court may order, but the Proceedings may be stayed until such Election is made; and in Case the Assignees neglect or refuse to continue the Action, and give such Security within the Time limited by the Order, the Defendant may, within Eight Days after such Neglect or Refusal, plead the Bankruptcy or Insolvency. XC. Where an Action would, but for the Provisions of this Ordinance, abate by reason of the Death of either Party, the Defendant, or Person against whom the Action may be so continued, may apply by Summons to compel the Personal Representatives of the Plaintiff to proceed within such Time as the Court shall order; and in Default of such Proceeding, the Defendant shall be entitled to enter a Suggestion of such Default, and of the Representative Character of the Person by or against whom the Action may be proceeded with, as the Case may be, and to have Judgment for the Costs of the Action and Suggestion against the Plaintiff, or against the Person entitled to proceed in his Room, as the Case may be, and in the latter Case to be levied of the Goods of the Testator or Intestate. Ejectment. Common Law Procedure. Ejectment. XCI. If any Person shall bring an Action of Ejectment after a prior Action of Ejectment for the same Premises has been or shall have been unsuccessfully brought by such Person, or by any Person through or under whom he claims, against the same Defendant, or against any Person through or under whom he defends, the Court may, if it think fit, on the Application of the Defendant at any Time after such Defendant has appeared to the Writ, order that the Plaintiff shall give to the Defendant Security for the Payment of the Defendant's Costs, and that all further Proceedings in the Cause shall be stayed until such Security be given, whether the prior Action has been or shall have been disposed of by Discontinuance or by Nonsuit, or by Judgment. for the Defendant. Amendments. XCII. It shall be lawful for the Court at all Times to amend Amendments. all Defects and Errors in any Proceedings under this Ordinance, whether there is anything in Writing to amend by or not, and whether the Defect or Error be that of the Party applying to amend or not; and all such Amendments may be made with or without Costs, and upon such Terms as to the Court may seem fit; and all such Amendments as may be necessary for the Purpose of determining in the existing Suit the real Question in Controversy between the Parties, shall be so made if duly applied for. FORMS referred to. FORM of RULE or SUMMONS where a Judgment Creditor applies for execution against a Judgment Debtor.-(Formal Parts as at present.) C.D. show Cause why A.B. [or as the case may be] should not be at liberty to enter a suggestion upon the roll in an action wherein the said A.B. was Plaintiff, and the said C.D. was Defendant, and wherein the said A.B. obtained judgment for day of against the said C.D. on the that it manifestly appears to the Court that the said A.B. is entitled to have execution of the said judgment, and to issue execution thereupon, and why the said C.D. should not pay to the said A.B. the costs of this application to be taxed. NOTE. -The above form may be modified according to circum stances. B. FORM OF SUGGESTION that a Judgment Creditor is entitled to execution against the Judgment Debtor. day of And now on the it is suggested, and manifestly appears to the Court that the said A.B. [or C.D. as executor of the last will and of testament of the said A.B. deceased, or as the case may be] is entitled to have execution of 5.96. the Title. Preamble. Enactments of Rights under Bills of Lading to vest in Consignee or Indorsee. Not to affect Right of stoppage in transitu or Claims for Freight. the judgment aforesaid against the said E.F. [or against G.H. as C. FORM of WRIT of REVIVOR. Victoria, by the Grace of God, &c., to E.F. of greeting. We command you, that within eight days after the service of this writ upon you, inclusive of the day of such service, you appear in the Supreme Court of Hongkong to show cause why A.B. [or C.D. as executor of the last will and testament of the said Ã.B. deceased, or as the case may be] should not have execution against you [if against a representative, here state such capacity, as the case may be] of a judgment whereby the said A.B. [or as the case may be] on the day of in the said Court recovered against you [or as the case may be] and take notice that in default of your so doing, the said A.B. [or as the case may be] may proceed to execution. Witness, &c. No. 2. OF 1856. An Ordinance to amend the Law relating to Bills of the Imperial Parliament of the Eighteenth and Nine'teenth Years of Her present Majesty, intituled "An Act to "amend the Law relating to Bills of Lading," should be adopted in this Colony: Be it therefore enacted by His Excellency the Governor of Hongkong, with the Advice of the Legislative Council thereof, That the Enactments of the said Act of Parliament, an Abstract of which is hereunto annexed, shall, from and after the passing of this Ordinance, be of Force in the Colony of Hongkong. Abstract of Enactments of Act of Parliament 18 & 19 Vict. Cap. CXI.," to amend the Law relating to Bills of Lading." 1. Every Consignee of Goods named in a Bill of Lading, and every Indorsee of a Bill of Lading to whom the Property in the Goods therein mentioned shall pass, upon or by reason of such Consignment or Indorsement, shall have transferred to and vested in him all Rights of Suit, and be subject to the same Liabilities in respect of such Goods, as if the Contract contained in the Bill of Lading had been made with himself. 2. Nothing herein contained shall prejudice or affect any Right of Stoppage in transitu, or any Right to claim Freight against the original Shipper or Owner, or any Liability of the Consignee or Indorsee, by reason or in consequence of his being such Consignee or |