Directory_and_Chronicle_1886 — Page 834

To be deter- mined on Summons.

Order thereon.

Power of Court to order Jury at any Time.

Inspection by Jury, by Parties, or by Witnesses.

Rule or Order

Jury.

124

CODE OF CIVIL PROCEDURE-HONGKONG.

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, of 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 deer just.

6.-It shall be lawful for the Court to make such rules or orders upon for summoning the Sheriff or other person as may be necessary to procure the attendance of a special or common jury for the trial of any cause or matter depending in the Court, at such time and place and in such manner as the Court may think fit.

Existing Lawa as to Juries,

Kules of

Evidence cn- tinue in Force. Power to admit Affidavits.

7. All the existing laws relating to juries shall be deemed to continue in full force and effect so far as the same may not be inconsistent with any provision of this code.

CHAPTER VIII.—EVIDENCE AT THE HEARING.

Existing Rules-New Provisions.

LIV. The existing rules of evidence shall continue in full force and effect so far as the same are not modified by any provisions of this code.

2. The Court shall have power, in its discretion, to permit that the evidence in any case, or as to any particular matter, should be taken by affidavit, or that affidavits of any witnesses be read at the trial: Provided always that every witness making an affidavit so received shall be liable Cross-examina- to cross-examination in open Court, unless the Court shall direct the cross-

examination to take place in any other manner.

tion thereon.

Where Cros9-

examination

3.-The Court may, in its discretion, if the interests of justice appear not practicable. absolutely so to require, admit an affidavit in evidence, although it is shown that the party against whom the affidavit is offered in evidence has had or will have no opportunity of cross-examining the person making the affidavit.

Order of Court to admit.

Any Person may be sum- moned by the Court as a Witness.

Incompetency

rom immature Age,

Or Unsound- ness of Mind.

4. No affidavit of any witness shall be read at the trial under the provisions hereinbefore contained, except in pursuance of an order of Court obtained on summons before trial, unless the Court shall think fit under the circumstances otherwise to direct, upon such terms as seem just.

5.-If the Court at any time think it necessary for the ends of justice to examine any person other than a party to the suit, and not named as a witness by a party to the suit, the Court may, of its own accord, cause such person to be summoned as a witness to give evid nce, or to produce any document in his possession on a day to be appointed, and may examine such person as a witness.

6. The following persons only shall be incompetent to testify:

(a.) Children under seven years of age, unless they shall appear

capable of receiving just impressions of the facts respecting which they are examined and of relating them truly : (b.) Persons of unsound mind, who, at the time of their examina- tion, appear incapable of receiving just impressions of the facts respecting which they are examined or of relating them truly; and no person who is known to be of unsound mind