Directory_and_Chronicle_1902 — Page 434

CODE OF CIVIL PROCEDURE-HONGKONG

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the cause or matter shall be placed in the hearing paper with the words

"by order" subjoined.

of Cause.

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 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 bearing of causes shall be, where On 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.

exclude the

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 Public. presence only of the parties and their legal advisers and the officers of the Court.

Business.

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

Judgments.

Er parte

(a.) At the commencement of the sitting, judgments shall be Delivery of

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, tons, &c.

in the order in which the motion papers have been seut 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.

Motions, &c.

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

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 By Judge, or in either of the following modes-

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

by Full Court, with or without Jury.

(b.) By the Full Court with or without a Jury. 2.-The summons for setting down the cause for hearing shall specify To be deter. the mode of trial desired by the party making the application.

mined on Summons.

3. The Court on the hearing of the summons shall make such order Order thereon. 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.

to order Jury

4. If it shall appear expedient at the hearing of any cause before Power of Court the Court without a jury that the cause should be tried with a jury, the at any Time. 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 Inspection by for the inspection by the jury, or by himself, or by his witnesses, of any Parties, or by

Jury, by moveable or immoveable property, the inspection of which may be material Witnesses. to the proper determination of the question in dispute, and the Court may make such order upon such terms as it may deem just.

Rule or Order

6.-It shall be lawful for the Court to make such rules or orders upon remmoning the Registrar or other person as may be necessary to procure the attendance Jury. 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.

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