Directory_and_Chronicle_1892 — Page 356

CODE OF CIVIL PROCEDURE-HONGKONG

297

ther Service,

3.—On the return-day, if the person served do not appear in person Enlargement or by counsel or attorney, and it appears to the Court that the service on of Time and tur all proper parties has not been duly effected, the Court may enlarge the time, and direct further service, or make such other order as seems

just.

4.—If the person served appear, or the Court is satisfied t' at service Appearance of

proper parties has been duly effected, the Court may proceed with Proof of Service.

on all

the ma'ter.

5.-The Court may either discharge the order or make the same General Powe absolute, adjourn the consideration th reof, or permit further affidavits of Court. to be filed in support oʻ or against the order, and may modify the terins of the order so as to meet the merits of th... case.

Summons.

XLV. Every summons shall be issued out of the Registrar's Office, Aplication to and, before it can be issued, an application for the same to the Registrar must be made in writing, and signed by the applicant or his attorney, and headed in the suit or other proceeding.

2.-The application for the summons shall distinctly set forth the Contents thereof, nature of the particular application.

mons.

3.-The B gistrar may thereupon issue a summons setting forth the Issue of Sum nature of the application, ordering the person to whom it is directed to appear at the time and place directed by the Registrar and specified on

the summons.

4. On the return-day of the summons, if the person to whom the Proceedings on

Return-day. summons is directed appears, or in his absence, on proof of service, the Court may, on the application of the person obtaining the summons, consider and deal with the application in a summary way

5.-The Court suall take a note of the material evidence, i taken Note of civá voce.

Evidence.

6. The Court may adjourn the hearing of any summons w cu jourainent.

necessary.

{

7. The Court may order any proe » dings in Chambers to be heard Private in private.

Hearing.

general.

Evidence in Interlocutory Proceedings. XLVI. The evidence at the hearing of any interlocutory or other Py flavit in application in a suit or matter shall, as a general rule, be by affidavit, but the Court may, if it thinks it exp dient, summon any person to attend to produce documents before it, or to be exa-niued, or to be cross-examined viva voce by or be ore it in like manner as at the hearing of a suit.

2. Such notice as the Court in each case, according to the circum Notice to Parties stances, considers reasonable, shall be given to the prson sun:noned, and interested. to such persons (pirties to the suit or proceeding otherwise inter sted) as the Court considers entitled to inspect th: documents to be produced, or to examine the person summon d, or to be present at his examination, as the case may be.

taken.

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 Procee lings.

XLVII.-No summons o notice of motion shall operate as stay of In what Cases. proceedings. exe pt by direction of the Registrar endo sed thereon, and, in such case, it shall so operate from the time of the service thereof on the opposite party.

Enforcement

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