Directory_and_Chronicle_1892 — Page 358

CODE OF CIVIL PROCEDURE-HONGKONG

299

the cause of 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 Adjournment appointed in the hearing paper by reason of the preceding causes in the of Cause. 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 b, where în fixed days 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, On other days from time to time, for the hearing of causes, as circumstances require.

Public.

3.-The sittings of Court for the hearing of causes shall ordinarily be Power to public; but the Court may hear any particular cause or matter in the exclude the presence only of the parties and their legal advisers and the officers of te Court

4-Subject to special arrangements, for any particular day, the Order of business of the day shall be taken, as nearly as circumstances pruit, in the following order :-

Business,

(a.) At the commencement of the sitting, judgments shall be Delivery of delivered in matters standing over for that purpose and Judgments. appearing for judgment in the paper;

3lutions, &o.

(b.) Ex parte motions or motions by consent shall next be tak u, Er parte

in the order in which the motion papers have been sent in; (c.) Opposed motions on notice, and arguments on showing cause Opposed

against orders returnable on that day, shall then be taken, in the order in which these matters respectively stand in the hearing-paper.

Moti›as, &c.

(d.) The causes in the hearing-paper shall then be called on, in Trial of Causes.

their order, unless the Court see fit to vary the order.

Mode of Trial ―Juries.

LIII.-The trial of a suit may, according to circumstances, take place By Judge, or in either of the following modes—

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

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

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 fi: Provi led 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 cans before the Court without a jury that the cause should be tried with a jury, the Court may mike such order for the trial of the caus with a jury,a nd for the adjournment thereof in the meanwhile, on such terms as to costs and otherwise as it shall deem reasonable.

by Full Court, with or without Jury,

To be deter.

minent on Bummons.

Order thereon.

Power of Court order Jury

to at any Time,

Jury, by

5.-Either party shall be at liberty to apply to the Court for an order Inspection by for the inspection by the jury, or by himsel, or by his witnesses, of any Parties, or by moveable or im novable property, the inspection of which may be inaterial Witnesses. to the proper determination of the question in dispute, and the Court may make such order up a such terms as it may deem just.

6.-It shall b; la sful for the Court to mike such ru es or orders upon Rule or Order

for summoning the Sheriff or other person as may be necessary to procure the atten lance Jury. of a special or common jury for the trial o any cause or matter d pending in the Court, at such time and place and in such manner as the Court may

hak fit.