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THE HONGKONG GOVERNMENT GAZETTE, 11TH JULY, 1896.
PRINTING.
74. The Court may order that the whole of the pleadings and written proofs, or any part thereof shall be printed before the trial; and the printing shall be in such manner and form as the Court shall order.
75. Preliminary Acts, if printed, shall be printed in parallel columns.
ASSESSORS."
76. The Court on the application of any party, or without any such application if of opinion that the nature of the case requires it, may appoint one or more assessors to advise the Court upon any matters requiring nantical or other professional knowledge.
77. The fees of the assessors shall be paid in the first instance by the plaintiff, unless the Court shall otherwise order.
SETTING DOWN FOR TRIAL.
78. An action shall be set down for trial by filing a notice of trial. A form of notice of trial will be found in the Appendix hereto, No. 25.
79. If there has not been any appearance, the plaintiff may set down the action for trial, on obtaining from the judge leave to proceed ex parte-
(a) In an action in personam, or an action against proceeds in Court, after the expiration of two weeks from the service of the writ of summons; (6) In an action in rem (not being an action against proceeds in Court), after the expiration of two weeks from the filing of the warrant.
80. If there has been an appearance, either party may set down the action for trial-
(a) After the expiration of one week from the entry of the appearance, unless an order has been made for pleadings, or an application for such an order is pending;
(4) If pleadings have been ordered, when the last pleading has been file, or when the time allowed to the adverse party for filing any pleading has expired without such pleading having been filed. In collision cases the Preliminary Acts may be opened as soon as the action has been set down for trial.
81. Where the writ of summons has been indorsed with a claim to have an account taken, or the liability has been admitted or determined, and the question is simply as to the amount due, the Court may, on the application of either party, fix a time within which the accounts and vouchers, and the proofs in support thereof, shall be filed, and at the expiration of that time either party may have the matter set down for trial.
TRIAL.
82. After the action has been set down for trial, the registrar shall send notice to the parties of the day on which it will be tried.
83. At the trial of a contested action the plaintiff shall in general begin. But if the burden of proof lies on the defendant, the Court may direct the defendant to begin.
84. If there are several plaintiffs or several defendants, the Court may direct which plaintiff or which defendaur -ball begin.
85. The party beginning shall first address the Court, and then produce his witnesses, if any. The other party or parties shall then address the Court, and produce their witnesses, if any, in such order as the Court may direct, and shall have a right to sum up their evidence.
In all cases the party beginning shall have the right to reply, but shall not produce further evidence, except by permission of the Court.
86. Only one counsel shall in general be heard on cach side; but the Court, if it considers that the nature of the case requires it, may allow two counsel to be beard ou encl side.
87. If the action is uncontested, the Court may give judgment on the evidence adduced by the plaintiff.
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