Directory_and_Chronicle_1882 — Page 668

IN CHINA AND JAPAN.

In answer to the said petition 1, C.D., say as follows:----

1.

2. 3.

[or

7.

C.D.

C.D., the Defendant, by N.O., his Attorney].

Notice of Transfer of Cause to Hearing Paper.

In Her Britannic Majesty's Court at [Canton].

[Saturday] the [

] day of [

]

18

Between A.B. Plaintiff,

and

C.D. and E F.

} Defendants.

97

To A.B., the above-named Plaintiff,

[or

To C.D., one of the above-named De'endants].

This case will be transferred from the General Hearing List to the Hearing Paper for 18

the

day of

>

and will come on to be Lear! in its turn on that day, if the business of the Court permits, or otherwise on some adjournment day, of which you will receive no further notice.

You are desired to pay attention to the following directions:- If the Plaintiff fails to attend in person or by counsel or attorney on the day appointed, the case if called on may be struck out, and the Plaintiff will be liable to pay to the Defendant such costs as may be fixed by the Court. Also, the case must be set down in the General Hearing List afresh, by which the Plaintiff will incur de'ay and expense.

If the Defendant fails to attend in person or by counsel or attorney on the day appointed, the case if called on may, if the Court so directs, be heard and determined in Lis absence on the evidence adduced on behalf of the Plaintiff, and the Court will issue execution of the judgment so obtained.

If either party has any application to make to the Court to postpone the hearing, it should be made as soon as possible, on application for a summons for that purpose, and if the appli- ation is based on any matter of fact, as the absence of a mate ial witness or the like, the lac's rel ́ed on must be set out and verified in one or more affidavit or affidavits filed in the Court be ore such application.

If eit er party considers that the questions between the parties are not fairly raised or put in issue by the pleadings, or thinks hat the questions raised are obscur», and that he is prejudiced thereby, he may apply to the Court on summ ns to settle issues, and such application should be made at once.

The parti s are warned that at the hearing they are required to adduce all the testimony, wri ten and oral, which each of them desires to rely on, iu support of his own case and in contradiction of that of his oppon nt. The proof wil be required at the hearing and not on a sul sequent day, and parties tailing to bring their testim ny forward at the proper time may find themselves ab olutely precluded from adducing i' at all, or at best on y allowed to do so on payment o subs antial costs to the other side, and on such other terms as the Court thinks fit to impose.