Directory_and_Chronicle_1893 — Page 347

CODE OF CIVIL PROCEDURE-HONGKONG

305

summing up his case by the statement of the other party of his intention

to call evidence.

case,

Case closed.

7.- the case on both sides shall then be considered closed. 8-If the party opposed to the party beginning calls or reads evidence, Evidence in the party beginning shall be at liberty to reply generally on the whole reply. or he may call resh evidence in reply to the evidence given on the other sile, on points material to the determination of the issues, or any of them, but not on collateral matters.

thereon.

9. When evidence in reply is tendered, and allowed to be given, the Addresses party against whom the same has been adduced shall be at liberty to address the Court, and the party beginning shall be entitled to the general reply.

tion and Re-

10. Each witness after examination-in-chief shall be subject to Cross examina cross-examination by the other party, and to re-examination by the party examination. calling him, and after re-examination may be questioned by the Court, and shall not be recalled or further questioned save by leave of the Court.

11. The Court shall take a note of the viva voce evidence, and shall Judge's Notes put down the terms of any particular question or answer,

if there appears any special reason for doing so.

12.--- No person shall be entitled as of right, at any time or for any Inspection or purpose, to inspection or a copy of the Court's notes.

Copy thereof.

Evidence.

13. - All objections to evidence must be taken at any time the question Objections to objected to is put, or, in case of written evidence, when the same is about to be put in, and must be argued and deculed at the time.

14.-Where a question put to a witness is objected to, the Court, Note of unless the objection appears Irivolous, shall take a note of the question Objection. and objection, if required by either party, and shall mention on the notes whether the question was allowed to be put or not, and the answer to it, if allowed.

Evidence by Affidavit or

15.--Where any evidence is by affidavit, or has been taken by com- mission, or on deposition, the party adducing the same may read and Commission. comment on it, eit er immediately after his opening or after the vivâ voce evidence on his part has been concluded.

16. Document ry evidence must be put in and read, or taken as read Documentary by consent.

Evidence.

17- Every document put in evidence shall be marked by the officer To be marked. of the Court at the time, and shall be retained by the Court during the hearing, and retuned to the party who put it in, or from whose custody it came, immediately after the judgmont, unless it is impounded by order of the Court.

Pleadings.

18.—When the evidence adduced at the hearing varies substantially Amendment of from the allegations of the respective parties in the pleadings, it shail bo in the discretin of the Court to allow the pleadings to be amended.

Terins,

19.-The Court may allow such amendment on such terms as to On what adjournment, costs, and other things as seem just, so as to avoid surprise and injury to any party; but all amendments nec ssary for the determina- tion in the existing suit of the real question in controversy between t'e parties shall be made if duly applied for.

which embarana,

20. The Court may, at the hearing, order or allow, on such terms as Pleadings seem just, the striking out or amendment of any pleading that appears so or delay. framed us to prejudice, embarass, or delay the fair trial of the real ques- tions in controversy between the parties.

Supplemental Statement.

LXIII. Facts or circumstances, occurring after the institution of a In Petition oc suit, may, by leave of the Court, be introduced by way of amendment into Answer. the petition or answer (as the case may require) at any stage of the pro- ceedings, and the Court may make such order as seems just respecting