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THE HONGKONG GOVERNMENT GAZETTE, 4TM¤ OCTOBER, 1873.
Evidence in reply.
Addresses thereon.
Cross-examina-
examination.
8. If the Party opposed to the Party beginning calls or reads Evidence, the Party beginning shall be at liberty to reply generally on the whole Case, or he may call fresh Evidence in reply to the Evidence given on the other Side, on Points material to the Determination of the Issues, or any of them, but not on collateral Matters.
9. Where Evidence in reply is tendered, and allowed to be given, the Party against whom the same has been adduced shall be at liberty to address the Court, and the Party beginning shall be entitled to the general Reply.
10. Each Witness after Examination-in-chief, shall be subject tion and Re- to Cross-examination by the other Party, and to Re-examination by the Party calling him, and after Re-examination may be ques- tioned by the Court, and shall not be recalled or further ques- tioned save by Leave of the Court.
Judge's Notes.
Inspection or Copy thereof. Objections to Evidence.
Note of Object- ion.
Evidence by Affidavit or Commission.
Documentary Evidence.
To be marked.
11. The Court shall take a Note of the vivâ voce Evidence and shall put down the Terms of any particular Question or Answer, if there appears any special Reason for doing so.
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12. No Person shall be entitled as of Right, at any Time or for any Purpose, to Inspection or a Copy of the Court's Notes.
13. All Objections to Evidence must be taken at the Time the Question objected to is put, or, in Case of written Evidence, when the same is about to be put in, and must be argued and decided at the Time.
14. Where a Question put to a Witness is objected to the Court, unless the Objection appears frivolous, shall take a Note of the Question and Objection, if required by either Party, and shall mention on the Notes whether the Question was allowed to be put or not, and the Answer to it, if allowed.
15. Where any Evidence is by Affidavit, or has been taken by Commission, or on Deposition, the Party adducing the same may read and comment on it, either immediately after his opening or after the rica voce Evidence on his Part has been concluded.'
16. Documentary Evidence must be put in and read, or taken as read by Consent.
17. Every Document put in Evidence shall be marked by the Officer of the Court at the Time, and shall be retained by the Court during the Hearing, and returned to the Party who put it in, or from whose Custody it came, immediately after the Judgment, unless it is impounded by Order of the Court. Amendment of 18. Where the Evidence adduced at the Hearing varies sub- stantially from the Allegations of the respective Parties in the Pleading, it shall be in the Discretion of the Court to allow the Pleadings to be amended.
Pleadings.
On what Terms.
Pleadings which
embarass or delay.
In Petition or Answer.
19. The Court may allow such Amendment on such Terms as to Adjournment, Costs, and other Things as seem just, so as to avoid Surprise and Injury to any Party; but all Amendments necessary for the Determination in the existing Suit of the real Question in controversy between the Parties shall be made if duly applied for.
20. The Court may, at the Hearing, order or allow, on such Terms as seem just, the striking out or Amendment of any Pleading that appears so framed as to prejudice, embarass, or delay the fair Trial of the real Questions in controversy between the Parties.
Supplemental Statement.
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LXIII. Facts or Circumstances occurring after the Institution of a Suit, may, by Leave of the Court, be introduced by way of Amendment into the Petition or Answer (as the Case may re- quire) at any Stage of the Proceedings, and the Court may make such Order as seems just respecting the Proof of such Facts or Circumstances, or for affording all Parties concerned Leave and Opportunity to meet the Statements so introduced.
Reference of Accounts.
Appointmentof
LXIV. In any Suit or other judicial Proceeding in which an Commissioner Investigation or Adjustment of Accounts may be necessary, it to investigate. shall be lawful for the Court, at or before the Hearing, to appoint any competent Person to be a Commissioner for the Purpose of making such Investigation or Adjustment, and to direct that the Parties, or their Attorneys or Counsel, shall attend upon the Commissioner during such Investigation or Adjustment. In all such Cases, the Court shall furnish the Commissioner with such Part of the Proceedings and such detailed Instructions as may appear necessary for his Information and Guidance; and the Instructions shall distinctly specify whether the Commissioner is merely to transmit the Proceedings which he may hold on the Inquiry, or also to report his own Opinion on the Point referred for his Investigation. The Proceedings of the Com- missioner shall be received in Evidence in the Case, unless the