Directory_and_Chronicle_1882 — Page 714

CODE OF CIVIL PROCEDURE-HONGKONG.

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same are not distinctly or properly raised by the pleadings, and may reduce such questions into writing and settle them in the form of issues; which issues, when settled, may state questions of law on admitted facts, or questions of disputed fact, or questions partly of the one kind and partly of the other.

2.-In settling issues, the Court may order or allow the striking out or amendment of any pleading or part of a pleading, so that the pleadings may finally correspond with the issues settl d, and may order or allow the striking out or amendment of any pleading, or part of a plea ting, that appears to be so framed as to prejudice, embarrass, or delay the trial of the cause.

3.-Where the application to the Court to sttle issues is made at any stage of the proceedings at which all parties are actually present before the Court, either in person or by counsel or attorney, or at the hearing, the application may be made viva voce, and may be disposed of at once, otherwise the applicit on must be made and disposed of on summons. It shall be in the discretion of the Court to direct which issues shall be first disposed of.

4. At any time before the decision of the case, the Court may amend the issues or frame a Iditional issues on such terms as to it shall seem fit, and all such amendments as may be necessary for the purpose of determining the real question or controversy between the parties shall be so made.

Interrogatories-Discovery-Unwilling Witness.

XLI.-In all suits, the plain iff and tie defendant, or either of them, may, by order of the Court, deliver to the opposite party or his attorney (provided such party, if not a body corporate, would be liable to be called and examined as a witness upon such matter), interrogatories in writing up n any mattor as to which discovery may be sought, and require such party, or in the case of a body corporate, any of the officers of such body corporate, within ten days to answer the questions in writing by affi lavit, to be sworn and filed in the ordinary way; and any party or officer omitting, without just cause, sufficiently to answer all questions as to which a discovery may bo sought within the above time, or such extended time as the Court shall allow, shall be deemed to have committed a contempt of the Court, and shall be liable to be proceeded against accordingly.

2. The application for such or ler shall be ma le upou an affidavit of the party proposing to interrogate, and his attorney or agent, or in the case of a body corporate, of their attorney or agent, stating that the deponent believes that the party proposing to interrogate, whether plaintiff or defendant, will derive material benefit in the cause from the discovery which he seeks, that there is a good cause of action or defence upon the merits, and if the application be made on the part of the defendant, that the discovery is not sought for the purpose of delay: Provided that where it shall happen, from unavoidable circumstances, that the plaintiff or defendant cannot join in such affidavit, the Court may, if it think fit, upon affidavit of such circumstances by which the party is prevented from so joining therein, allow and order that the interrogatories may be delivered without such affidavit.

3.-In cases of omission, without just cause, to answer sufficiently such written interrogatories, it shall be lawful for the Court, at its discretion, to direct an oral examination of the interrogated party, as to such point as they or he may direct, before the Court or Registrar; and the Court may, by such order, or any subsequent order, command the attendance of such ¡arty before the person appointed to take such examination, for the purpose of being orally examined as afor said, or the production of any writings or other documents to be mentioned in such order, and may impose therein such terms as to such examination, and the costs of the application, and of the proceedings therein, and otherwise, as to such Court shall seem just.

4.-The Court inay, on the application of the party interrogated, strike out or permit to be amended any interrogatory which, in the opinion of the Court, may be exceptionable.

5.-Any party to a suit, or other civil proceeding requiring affidavit of a person who refuses to make an affidavit, may apply by summons for an order to such person to appear and be examined upon oath before the Court or Registrar, to whom