Directory_and_Chronicle_1875 — Page 732

CODE OF CIVIL PROCEDURE-HONGKONG.

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of the motion; and no party to the suit or proceeding, although present, other than the party moving, shall, unless by leave of the Court, be entitled to be then heard.

10.-On a motion coming on, the Court may allow the motion-paper to be amended, and additional evidence to be produced by affidavit or declaration, or may direct the motion to stand over.

11.-If it appears to the Court on the evidence adduced in support of the motion, or on any additional evidence which the Court permits to be adduced in support thereof, that the party moving is entitled to an order absolute, or to show cause different from the order asked, and the party moving is willing to take such different order, the Court may so order accordingly.

12.-Where an order is made on a motion ex parte, any party affected by it may, within seven days after service of it, or within such further time as the Court shall allow, apply to the Court by motion to vary or discharge it; and the Court on notice to the party obtaining the order, either may refuse to vary or discharge it, or may vary or discharge it with or without imposing terms as to costs, security, or other things, as seem just.

Order to show Cause.

XLIV.-An order to show cause shall specify a day when cause is to be shown, to be called the return-day to the order, which shall ordinarily be not less than four days after service.

2.-A person served with an order to show cause may, before the return-day, file affidavits to contradict the evidence used in obtaining the order, or setting forth other facts on which he relies, to induce the Court to discharge such order.

3. On the return-day, if the person served do not appear in person or by counsel or attorney, and it appears to the Court that the service on all proper parties has not been duly effected, the Court may enlarge the time, and direct further service, or make such other order as seems just.

4.-If the persons served appear, or the Court is satisfied that service on all proper parties has been duly effected, the Court may proceed with the matter.

5. The Court may either discharge the order or make the same absolute, or adjourn the consideration thereof, or permit further affidavits to be filed in support of, or against the order, and may modify the terms of the order so as to meet the merits of the case.

Summons.

XLV.-Every summons shall be issued out of the Registrar's office, and before it can be issued, an application for the same to the Registrar must be made in writing, and signed by the applicant or his attorney, and headed in the suit or other proceeding.

2.-The application for the summons shall distinctly set forth the nature of the particular application.

3.-The Registrar may thereupon issue a summons setting forth the nature of the application, ordering the person to whom it is directed to appear at the time and place directed by the Registrar and specified on the summons.

4. On the return-day of the summons, if the person to whom the summons is directed appears, or in his absence, on proof of service, the Court may, on the application of the person obtaining the summons, consider and deal with the application in a summary way.

5. The Court shall take a note of the material evidence, if taken viva voce. 6. The Court may adjourn the hearing of any summons when necessary. 7.---The Court may order any proceedings in chambers to be heard in private.

Evidence in Interlocutory Proceedings.

XLVI.-The evidence at the hearing of any interlocutory or other application in a suit or matter, shall, as a general rule, be by affidavit, but the Court may, if it thinks it expedient, summon any person to attend to produce documents before it, or to be examined, or to be cross-examined viva voce by or before it, in like manner as at the hearing of a suit.