CODE OF CIVIL PROCEDURE.
No. 3 of 1901.
761
directed, the court may, on the application of the person obtaining the summons, consider and deal with the application in a summary way and make such order as may be just.
Evidence in interlocutory proceedings.
262. The evidence at the hearing of any interlocutory or other application in a cause or matter shall generally be by affidavit.
263. The court may, on the application of any party, order the attendance before it for cross-examination of any person making an affidavit.
H.K. Code, s. 45 (4).
•Schedule. Form No. 27.
Taking of evidence by
H.K. Code, s. 46 (1). Cross-examination of person making affidavit. O. 38, r. 1.
evidence vivâ voce.
264. (1) The court may, if it thinks it expedient, summon Taking of any person to attend to produce any document before it or to be examined vivâ voce by or before it, in like manner as at the H.K. Code, trial of an action.
(2) Such notice as the court in each case may think reasonable shall be given to the person summoned and to such persons (being parties to the cause or matter or otherwise interested) as the court may consider entitled to inspect the document to be produced, or to examine the person summoned, or to be present at his examination, as the case may be:
(3) The evidence of a witness on any such examination, or on any cross-examination under section 263, shall be taken in like manner, as nearly as may be, as at the trial of an action.
Interlocutory order.
3. 46.
tion, etc., of subject-
265. When by any contract a primâ facie case of liability is Preserva- established and there is alleged as matter of defence a right to be relieved wholly or partially from such liability, the court matter of may make an order for the preservation or interim custody of the subject-matter of the litigation or may order that the amount in dispute be brought into court or otherwise secured:
266. It shall be lawful for the court, on the application of any party to a cause or matter, to make any order for the sale, by any person named in such order and in such manner and on such terms as the court may think desirable, of any goods, wares or merchandise which may be of a perishable nature or likely to be injured by keeping, or which for any other just and sufficient reason it may be desirable to have sold at once.
contract.
disputed
r. 1. O. 50, [cf. s. 270.]
Sale of perishable goods, etc. O. 50, r. 2. [cf. s. 270.]