Directory_and_Chronicle_1888 — Page 887

Witness resident out of the Colony.

Cause List.

Transfer to Hearing

Paper.

Order of Cause.

Notice to Partiesr,

Causes taken out of Turn.

Adjournment of Cause.

On fixed days.

Or other Days.

Power to exclude the Public,

Order of Business,

Delivery of Judgments.

Ez parte Motions, &c.

Opposed Motions, &c.

Trial of Causes.

By Judge, or

by Full Court,

130

CODE OF CIVIL PROCEDURE-HONGKONG.

3. Where such an application is made for the purpose of enabling the party applying to obtain the evidence of a witness resident out of the jurisdiction, the Court shall require to be satisfied that the evidence of the witness is material, and that he is permanently residing out of the jurisdiction, or does not intend to come within the jurisdiction within a reasonable time.

Hearing List and Hearing Paper.

LI.-There shall be kept a general hearing list for causes, and a hearing paper.

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 the 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, as 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.) E parte motions 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

with or without in either of the following modes-

Jury.

(a.) By a Judge with or without a Jury.

(b.) By the Full Court with or without a Jury.