Directory_and_Chronicle_1889 — Page 953

CODE OF CIVIL PROCEDURE-HONGKONG.

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

rested.

2. Such notice as the Court in each case, according to the circum- Notice to stances, considers reasonable, shall be given to the person summoned, and Parties inte- 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 Evidence, how in like manner, as nearly as may be, as at the hearing of a suit.

Stay of Proceedings.

taken.

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

of Order.

2.- Every order made in Chambers shall have the same force and effect Effect and as an order of Court, and the Court sitting in Chambers shall have the Enforcement 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 Order must be of the Court first obtained on sumnions.

obtained.

2. At the expiration of the time allowed for answering, and whether When Plaintif an answer shall have been filed or not, the Court may, on the application may apply. 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 When Defend- of the defendant by summons, if it appears to the Court, having regard ant may apply. 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 Motion for the cause within one month from the time at which he might first apply Order. 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 Power of Court dismissing the petition, or make such other order, or impose such terms thereon. as the Court thinks reasonable.

Postponement of Hearing.

L.-The Court may, at any time, on a summons taken out by any In what Cases 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 en- suring 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 Absence of of a witness, the Court shall require to be satisfied that his evidence is Witness. material, and that he is likely to return and give evidence within a reason- able time.