Directory_and_Chronicle_1901 — Page 386

Adjournment of Cause.

On fixed days.

On other days.

Power to exclude the Public.

Order of Business.

Delivery of Judgments.

Ex parte Motious, &c.

Opposed Motions, &c.

Trial of Causes,

By Judge, or by Full Court,

328

CODE OF CIVIL PROCEDURE-HONGKONG

the cause or 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 appointed in the hearing paper by reason of the preceding causes in the 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 canses shall be, where 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, from time to time, for the hearing of causes, as circumstances require.

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

Court.

4.-Subject to special arrangements, for any particular day, the business of the day shall be taken, as nearly as circunstances permit, in the following order :-

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

(b.) Ex parte motions or motions by consent shall next be taken, in the order in which the motion papers have been sent in; (c.) Opposed motions on notice, and arguments on showing cause against orders returnable on that day, shall then be taken, in the order in which these matters respectively stand in the hearing-paper.

(d.) The causes in the hearing-paper shall then be called on, in their order, unless the Court sees fit to vary the order.

Mode of Trial-Juries

LIII.-The trial of a suit may, according to circumstances, take place

with or without in either of the following modes-

Jury.

To be deter. mined on Summons.

Order thereon,

Power of Court to order Jury

at any Time.

Inspection by Jury, by Parties, or by Witnesses.

Rule or Order

(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 fit: Provided 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

4. If it shall appear expedient at the hearing of any cause before the Court without a jury that the cause should be tried with a jury, the Court may make such order for the trial of the cause with a jury, and for the adjournment thereof in the meanwhile, on such terms as to costs and otherwise as it shall deem reasonable.

5.-Either party shall be at liberty to apply to the Court for an order for the inspection by the jury, or by himselt, or by his witnesses, of any moveable or immoveable property, the inspection of which may be material to the proper determination of the question in dispute, and the Court may make such order upon such terms as it may deem just.

for summoning the Registrar or other person as may be necessary to

Jury.

6.-It shall be lawful for the Court to make such rules or orders upon procure the attendance of a special or common jury for the trial of any cause or matter depending in the Court, at such time and place and in such manner as the Court may think fit.