Directory_and_Chronicle_1886 — Page 832

Notice to Parties inte- rested

Evidence, how taken.

In what Cases.

Effect and Enforcement of Order.

Order must be obtained.

When Plaintiff may apply.

When Defend-

at may ap ly.

Motion for Order.

Power of Court thereon,

In what CaseH,

Absence of Witness.

122

CODE OF CIVIL PROCEDURE-HONGKONG.

produce documents before it, or to be examined, or to be cross-examined vivâ voce by or before it in like manner as at the hearing of a suit.

2. Such notice as the Court in each case, according to the circum- stances, considers reasonable, shall be given to the person summoned, and to such persons (parties to the suit or proceeding otherwise interested) as the Court considers entitled to inspect the documents to be produced, or to examine the person summoned, or to be present at his examination, as the case may be.

3.—The evidence of a witness on any such examination, shall be taken in like manner, as nearly as may be, as at the hearing of a suit.

Stay of Proceedings.

XLVII.--No summons or notice of motion shall operate as a stay of proceedings, except by direction of the Registrar endorsed thercon, and, in such case, it shall so operate from time of the service thereof on the opposite party.

2.-Every order made in Chambers shall have the same force and effect as an order of Court, and the Court sitting in Chambers shall have the same power to enforce, vary, or deal with any such order, by attachment or otherwise, as if sitting in Court.

PART II.

FROM THE HEARING OF A SUIT TO JUDGMENT AND DECREE.

CHAPTER VII.--PRELIMINARIES OF TRIAL.

Setting down of Cause for Hearing.

XLVIII.----No cause shall be set down for hearing without an order

of the Court first obtained on summons.

2. At the expiration of the time allowed for answering, and whether an answer shall have been filed or not, the Court may, on the application of the plaintiff, order the cause to be set down for hearing.

3. An order to set down the cause may be made on the application of the defendant by summons, if it appears to the Court, having regard to the state of the pleadings, that the cause is ready to be heard, and that there has been delay on the part of the plaintiff in obtaining an order for setting down the cause, for which the plaintiff has no reasonable excuse (as the absence or illness of a material witness), and that the defendant is prejudiced, or may reasonably be expected to be prejudiced by such delay. Dismissal for Want of Prosecution.

XLIX. ---Where the plaintiff does not obtain an order for setting down the cause within one month from the time at which he might first apply for such an order, the defendant may apply by motion for an order to dismiss the petition for want of prosecution.

2.--On such application, the Court may, if it thinks fit, make an order dismissing the petition, or make such other order, or impose such terms as the Court thinks reasonable.

Postponement of Hearing.

L. The Court may, at any time, ou a summoas taken out by any party, postpone the hearing of a cause set down, on being satisfied by evidence on oath that the postponement will have the effect of better ensur- ing the hearing and determination of the questions between the parties on the merits.

2.—Where such an application is made on the ground of the absence of a witness, the Court shall require to be satisfied that his evidence is material, and that bo i likely to return and give evid me within a reason- able time.