Directory_and_Chronicle_1879 — Page 625

CODE OF CIVIL PROCEDURE-HONGKONG.

135

2.-When a cause is set down for hearing it shall be placed in the general hearing list, and shall be transferred to the hearing-paper strictly in its turn and order, according as the general hearing list becomes exhausted.

3. The regular order shall in no case be departed from without special direction.

4. When a cause is about to be transferred from the general hearing list to the hearing paper, notice shall be served on the parties, and, unless the Court in any particular case direct otherwise, ten days shall be allowed between service of such notice and day of hearing.

5.-When any cause or matter has been specially directed by the Court to be heard on a particular day, or out of its ordinary turn, the name of the cause or matter shall be placed in the hearing paper with the words "by order" subjoined.

6. In the case of any adjournment of the hearing from the day appointed in the hearing paper by reason of the preceding causes in the hearing paper not having been got through, or under any order of the Court made during the sitting on that day, no further notice to either party of the adjournment day shall be requisite, unless otherwise ordered by the Court.

Sittings of Court.

LII. The sittings of Court for the hearing of causes shall be, 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 days, from time

to time, for the hearing of causes, ás circumstances require.

3.-The sittings of Court for the hearing of causes shall ordinarily 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, the business of the day shall be taken, as nearly as circumstances permit, in the following order :-

(a.) At the commencement of the sitting, judgments shall be delivered in matters standing over for that purpose and appearing for judgment in the paper;

(b.) Ex parte motion or motions by consent shall next be taken, in the

order in which the motion papers have been sent in;

(c.) Opposed motions on notice, and arguments on showing cause against orders returnable on that day, shall then be taken, in the order in which these matters respectively stand in the hearing paper;

(d.) The causes in the hearing-paper shall then be called 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, 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.

2. The summons for setting down the cause for hearing shall specify the mode of trial desired by the party making the application.

3. The Court on the hearing of the summons shall make 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 cause before the Court without a jury that the cause should be tried with a jury, the Court may make such order for the trial of 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.

5.-Either party shall be at liberty to apply to the Court for an order for the inspection by the jury, or by himself, or by his witnesses, or any moveable or immoveable property, the inspection 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.