Directory_and_Chronicle_1908 — Page 443

Directories & Chronicles 香港指南 All

370 RULES OF VICE-ADMIRALTY COURTS IN H.B.M. POSSESSIONS ABROAD

58. Every pleading shall be divided into short paragraphs, numbered consecutively, which shall state concisely the facts on which the party relies; and shall be signed by the party filing it.

59. It shall not be necessary to set out in any pleading the words of any document referred to therein, except so far as the precise words of the document are material.

60. Either party may apply to the judge to decide forthwith any question of fact or of law raised by any pleading, and the judge shall thereupon make such order as to him shall seem fit.

61. Any pleading may at any time be amended, either by consent of the parties. or by order of the judge.

INTERROGATORIES

62. At any time before the action is set down for hearing any party desirous of obtaining the answers of the adverse party on any matters material to the issue, may apply to the judge for leave to administer interrogatories to the adverse party to be answered on oath, and the judge my direct within what time and in what way they shall be answered, whether by affidavit or by oral examination.

63. The judge may order any interrogatory that he considers objectionable to be amended or struck out; and if the party interrogated omits to answer or answers. insufficiently, the judge may order him to answer further, either by affidavit or by oral examination.

DISCOVERY AND INSPECTION

64. The judge may order any party to an action to make discovery, on the oath, of all documents which are in his possession or power relating to any matter in question therein.

65. The affidavit of discovery shall specify which, if any, of the documents therein mentioned the party objects to produce.

66. Any party to an actionmay file a notice to any other party to produce, for inspection or transcription, any document in his possession or power relating to any matter in question in the action.

67. If the party served with notice to produce omits or refuses to do so within the time specified in the notice, the adverse party may apply to the judge for an order to produce.

ADMISSION OF DOCUMENTS AND FACTS

68. Any party may file a notice to any other party to admit any document or fact (saving all just exceptions), and a party not admitting it after such notice shall be liable for the costs of proving the document or fact, whatever the result of the action may be, unless the taxing officer is of opinion that there was sufficient reason for not admitting it.

69. No costs of proving any document shall be allowed, unless notice to admit shall have been previously given, or the taxing officer shall be of opinion that the mission to give such notice was reasonable and proper.

SPECIAL CASE

70. Parties may agree to state the question at issue for the opinion of the judge in the form of a special case.

71. If it appears to the judge that there is in any action a question of law which it would be convenient to have decided in the first instance, he may direct that it shall be raised in a special case or in such other manner as he may deem expedient.

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