434 SUPPLEMENT TO THE HONGKONG GOVERNMENT GAZETTE, 27TH SEPT., 1873,
Evidence of Witness in former Pro- ceedings.
Witness Dead, Insane, or not Appearing.
LVIII. Where any Person who might give Evidence in any Suit or Matter is dead, or insane, or unavoidably absent at the Time his Evidence might be taken, or for any Reason considered sufficient by the Court, cannot appear to give Evidence in the Suit or Matter, the Court may, if it thinks fit, receive Proof of any Evidence given by him in any former judicial Proceeding: Provided that the Subject-matter of such former judicial Fro- Subject-matter ceeding was substantially the same as that of the existing Suit, and that the Parties to the existing Suit were Parties to it or bound by it, and in it had cross-examined or had an Opportunity of cross-examining the Witness of whose Evidence Proof is so to be given.
Proviso as to
Notice to admit
Admission of Documents, and Facts.
LIX. Where all Parties to a Suit are competent to make Admissions, any Party may call on auy other Party by Notice filed in the Court and served under Order of the Court, to admit any Document, or any Fact, saving just Exceptions. Consequence of 3. In Case of Refusal or Neglect to admit, the Costs of Proof Refusal-Costs. of the Document or Fact shall be paid by the Party refusing or neglecting, whatever be the Result of the Cause, unless the Court is of Opinion that the Refusal or Neglect to admit was reasonable.
Costs of Proof where uo
3. No Costs of Proof of any Document or Fact shall be allowed unless such Notice has been given, except in Cases where the Notice given. Omission to give the Notice has, in the Opinion of the Court,
produced a Saving of Expense.
Court way order.
Notice to pro- duce.
Order to pro- duce.
Documents
relating to
Inspection and Production of Documents.
LX. The Court may, in its Discretion, on the Application of any of the Parties to any Suit or Proceeding, compel any other Party to allow the Applicant to inspect all or any Documents in the Custody or under the Control of such other Party relating to such Suit or Proceeding, and if necessary to take examined Copies of the same or to procure the same to be duly stamped.
2. Whenever any of tlie Parties to a Suit is desirous that any Documen, Writing, or other Thing, which he believes to be in the Possession or Power of another of the Parties thereto, should be produced at any Hearing of the Suit, he shall, at the earliest Opportunity, serve the Party in whose Possession or Power he believes the Document, Writing, or other Thing to be, with a Notice in Writing calling upon him to produce the same.
3. In Case it shall appear to the Satisfaction of the Court that there is reasonable Ground to believe that such Document or Thing will not be produced pursuant to such Notice, the Court may make an Order for the Production of the same at the Hearing of the Suit by the Party served with such Notice.
4. A Witness, whether a Party or not, shall not be bound to produce any Document relating to Affairs of State, the Production Affairs of State, of which would be contrary to good Policy, nor any Document held by him for any other Person who would not be bound to produce it if in his own Possession.
&c.
Persons pre-
give Evidence.
5. Any Person present in Court, whether a Party or not, may sent in Court be called upon and compelled by the Court to give Evidence compelled to and produce any Document then and there in his actual Posses- sion, or in his Power, in the same Manner and subject to the same Rules as if he had been summoned to attend and give Evidence, or to produce such Document, and may be punished in like Manner for any Refusal to obey the Order of the Court.
6. Any Person, whether a Party to the Suit or not, may be be summoned summoned to produce a Document without being summoned to merely to pro- give Evidence, and any Person summoned merely to produce a Document, shall be deemed to have complied with the Summons, if he cause such Document to be produced instead of attending personally to produce the same.
Persons may
duce Docu- ments,
CHAPTER IX.
THE HEARING,
Non-attend-
ance of both Parties.
Non-attendance of Parties.
LXI. When a Cause in the Hearing-paper has been called on, if neither Party attend in Person or by Counsel, the Court, on being satisfied that the Plaintiff has received Notice of the Hearing, shall, unless it sees good Reason to the contrary, strikę the Cause out of the Hearing-paper,