Directory_and_Chronicle_1899 — Page 370

General Powers of Court,

Application to Registrar.

Contents thereof.

Issue of Sum-

mons.

Proceedings on Return-day.

Note of Evidence.

Adjournment.

Private Hearing.

By Affidavit in general.

Notice to Parties interested.

Evidence, how taken.

In what Cases.

Effect and Enforcement of Order.

320

CODE OF CIVIL PROCEDURE-HONGKONG

5.- The Court may either discharge the order or make the same absolute, adjourn the consideration thereof, or permit further affidavits to be 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, 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 nature of the particular application.

3.-The Registrar may thereupon issue a summons setting forth the 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 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 shall take a note of the material evidence, if taken vivá voce.

6. The Court may adjourn the hearing of any summons when necessary.

7. The Court may order any proceedings in Chambers to be heard in private.

Evidence in Interlocutory Proceedings

XLVI.—The evidence at the hearing of any interlocutory or other 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, or to be cross-examined viva voce by or before it in like manner as at the hearing of a suit.

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

Stay of Proceedings

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

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