Directory_and_Chronicle_1906 — Page 387

IN CHINA AND COREA

has been delay on the part of the plaintiff in obtaining an order for set- ting down the cause, for which the plaintiff has no reasonable excuse (as the absence or illness of a material witness), and that the defendant is prejudiced or may reasonably be expected to be prejudiced by such delay. Dismissal for want of Prosecution

64. Where the plaintiff does not obtain an order for setting down the cause within three months from the time at which he might first apply for such an order, the defendant may apply by motion for an order to dismiss the petition for want of prosecution.

On such application, the Court may, if it thinks fit, make au order dismissing the petition, or make such other order, or impose such terms as the Court thinks just and reasonable.

Postponement of Hearing

311

In what cases.

65. The Court may at any time on a summons taken out by any in what cases. party postpone the hearing of a cause set down, on being satisfied by evidence on oath that the postponement will have the effect of better ensuring the hearing and determination of the questions between the parties on the merits.

When such an application is made on the ground of the absence of a witness, the Court shall require to be satisfied that his evidence is material, and that he is likely to return and give evidence within a reason- able time.

Where such an application is made for the purpose of enabling the party applying to obtain the evidence of a witness resident out of the particular jurisdiction, the Court shall require to be satisfied that the evidence of the witness is material, and that he is likely to give evidence, and that he is permanently residing out of the jurisdiction, or does not intend to come within the jurisdiction within a reasonable time. The party making such application must also apply for an order for the examination of such witness out of the jurisdiction, or for leave to use an affidavit to be made by such witness as evidence at the hearing.

Hearing List and Hearing Paper

66. There shall be kept a General Hearing List for causes and a Hearing Paper.

67. When a cause is set down for hearing it shall be placed in the general hearing list, and shall be transferred to the hearing paper strictly in its turn and order, according as the general hearing list becomes exhausted.

The regular order shall in no case be departed from without special direction.

To be kept.

Order of causes.

parties.

68. When a cause is about to be transferred from the general hearing list to the hearing paper, notice shall be served on the parties; and unless otice of the Court in any particular case directs otherwise, ten days shall be allowed between service of such notice and the day of hearing.

Causes taken

69. When any cause or matter has been specially directed by the Court to be heard on a particular day, or out of its ordinary turn, the out of tarn name of the cause or matter shall be placed in the hearing paper, with the words "by order" subjoined.

70. In case of any adjournment of the hearing from the day appointed in the hearing paper by reason of the preceding causes in the hearing Adjournment. 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; and the adjournment day shall, unless otherwise ordered by the Court, be the next ordinary Court day.

Sittings of Court

71. The sittings of the Court for the hearing of causes shall be, where On what dava, the amount of public business so warrants, held on fixed and stated days.