489
THE HONGKONG GOVERNMENT GAZETTE, 4TH OCTOBER, 1873.
1
Sittings of Court.
LII. The Sittings of Court for the Hearing of Causes shall be, On fixed days. where the Amount of the Business so warrants, held on fixed and
stated Days.
2. The Court may, at its Discretion, appoint any other Day or On other Days.. Days, from Time to Time, for the Hearing of Causes, as Circum- stances require.
exclude the Public.
3. The Sittings of Court for the Hearing of Causes shall ordi- Power to narily be public; but the Court may hear any particular Cause or Matter in the Presence only of the Parties and their Legal Advisers and the Officers of the Court.
4. Subject to special Arrangements for any particular Day, Order of the Business of the Day shall be taken, as nearly as Circumstances Business. permit, in the following Order:—
(a.) At the Commencement of the Sitting, Judgments shall Delivery of be delivered in Matters standing over for that Purpose Judgments. and appearing for Judgment in the Paper;
(b.) Ex parte Motions or Motions by Consent shall next be Ex parte
taken, in the Order in which the Motion Papers have Motions, &c. been sent in;
(c.) Opposed Motions on Notice, and Arguments on showing Opposed
Cause against Orders returnable on that Day, shall then Motions, &c. be taken, in the Order in which these Matters respect- ively stand in the Hearing Paper;
(d.) The Causes in the Hearing Paper shall then be called Trial of Causes..
on, in their Order, unless the Court sees fit to vary the Order.
Mode of Trial-Juries.
LIII. The Trial of a Suit may, according to Circumstances, By Judge, or take place in either of the following Modes:-
(a.) By a Judge with or without a Jury.
(b.) By the Full Court with or without a Jury.
by Full Court with or without Jury.
2. The Summons for setting down the Cause for Hearing To be deter- shall specify the Mode of Trial desired by the Party making the mine on Application.
Summons.
3. The Court on the Hearing of the Summons shall make Order thereon. such Order as to the Mode of Trial as it shall think fit: Provided always that if either Party shall desire a Trial by Jury before one of the two Judges, he shall be entitled thereto as of Right.
4. If it shall appear expedient at the Hearing of any Čause Power of Court before the Court without a Jury, that the Cause should be tried to order Jury with a Jury, the Court may make such Order for the Trial of at any Time. the Cause with a Jury, and for the Adjournment thereof in the meanwhile, on such Terms as to Costs and otherwise as it shall deem reasonable.
Witnesses.
5. Either Party shall be at Liberty to apply to the Court for Inspection by an Order for the Inspection by the Jury, or by himself, or by his Jury, by Witnesses, of any moveable or immoveable Property, the Inspec- Parties, or by tion of which may be material to the proper Determination of the Question in Dispute, and the Court may make such Order upon such Terms as it may deem just.
6. It shall be lawful for the Court to make such Rules or Rule or Order Orders upon the Sheriff or other Person as may be necessary to for summoning procure the Attendance of a Special or Common Jury for the Jury. Trial of any Cause or Matter depending in the Court, at such Time and Place and in such Manner as the Court may think fit.
7. All the existing Laws relating to Juries shall be deemed to Existing Laws continue in full Force and Effect so far as the same may not be as to Juries. inconsistent with any Provision of this Code.
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CHAPTER VIII.
EVIDENCE AT THE HEARING.
Existing Rules-New Provisions.
LIV. The existing Rules of Evidence shall continue in full Rules of Force and Effect so far as the same are not modified by any Provisions of this Code.
Evidence continue in Force.
2. The Court shall have Power, in its Discretion, to permit that Power to admit the Evidence in any Case, or as to any particular Matter, should Affidavits. be taken by Affidavit, or that Affidavits of any Witnesses be read at the Trial: Provided always that every Witness making an
Affidavit so received shall be liable to Cross-examination in Cross-examin- open Court, unless the Court shall direct the Cross-examination ation thereon. to take place in any other Manner.
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