IN CHINA AND JAPAN.
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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 or security, or other things, as seems, just.
Orders to show cause.
151. An order to show cause shall specify a day when cause is Return-day. to be shown, to be called the return-day to the order, which shall
ordinarily be not less than four days after service.
A person served with an order to show cause may, before the counter affidavit. return-day, file affidavits in order 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.
day.
On the return-day, if the persons servel do not appear, in Proceedings on return- person or by counsel or attorney, and it appears to the Court that the service on all proper parties has not been duly cffected, the Court may enlarge the time and direct further service, or make such order as seems just.
If the persons served appear, or the Court is satisfied that service on all proper parties bas been duly effectd, the Court may proceed with the mater.
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,
and may make the order so modified absolute,—and may, if the order against which cause is shown is substantially divisible into two or more parts, divide the same, and deal in different ways with the separate parts as seems fit; and the Court, as part of its order, may impose terms as to costs or other things on the parties, or any of them, as seems just.
Summons.
152. An interlocutory application for a summons need not be Application for. made in writing, but may be made in person either by the applicant bimself, or by his counsel or attorney.
If the Court considers that a summons ought to be granted, it Contents of, may issue a summons ordering the person to whom it is directed to attend at the time and place specified therein, either in person or by counsel or attorLey, and briefly but distinctly setting forth the nature of the particular application.
day.
The summons shall be headed in the suit or other proceeding. On the return-day of the summons, if the person to whom the Proceedings on retura- summons is directed attends, 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. The Court shall take a note of the material evidence, if taken viva voce.
The Court may adjourn the hearing of any summons when
necessary.
VIL APPEAL TO SUPREME Court.
I.-In General.
153. An appeal does not lie from an order made ex parte.
Any person aggrieved by such an order must apply to the
Court by which it is made to vary or discharge it.
Er parte orders.
leave.
154. Application for leave to appeal must be made to the Court Time for application or whose decision is to be appealed from, by motion, ex parte, ordinarily within seven days after the decision to be appealed from is given, afterwards by special leave of the Court.
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