Directory_and_Chronicle_1893 — Page 339

CODE OF CIVIL PROCEDURE-HONGKONG

297

of Time and tas-

3. On the return-day, if the person served do not appear in person Enlargement or by counsel or a torney, and it appears to the Court that the service on the Service. 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 on all proper parties has been duly effected, the Court may proceed with

the matter.

Proof of Service.

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

Summons.

XLV. Every summons shall be issued out of the Registrar's Office, Application to

Registrar. 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 R gistrar may thereupon issue a sunmons 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.

Return-day

4. On the return-day of the summons, if the person to whom the Proceedings ex summons is directed appeas, 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 svall take a note of the material evidence, if taken Note of vivá voce.

Evidence.

6. The Court may adjourn the hearing of any summons wien Adjournment.

necessary.

Hearing.

7. The Court may order any proc dings in Chambers to be beard Private in private.

Evidence in Interlocutory Proceedings.

general

XLVI. The evidence at the hearing of any interlocutory or other By Affidavit in application in a suit or matter shall, as a general rule, be by affidavit, but the Court may, if it thinks it expedient, summon any person to attend to produce documents before it, or to be examined, o o be cross-examined viva voce by or before it in like manner as at the hearing of a suit.

interested.

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

Stay of Proceedings.

XLVII. No summons of notice of motion shall operate as stay of proceedings, except 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.

In what Cason.

Enforcement

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 of Order. same power to enforce, vary, or deal with any such order, by attachment or otherwise, as if sitting in Court.