SUPPLEMENT TO THE HONGKONG GOVERNMENT GAZETTE, 27TH SEPT., 1873. 427
settled, and may order or allow the Striking out or Amendment of any Pleading, or Part of a Pleading, that appears to be so framed as to prejudice, embarrass, or delay the Trial of the Cause.
3. Where the Application to the Court to settle Issues is made How Applica- at any Stage of the Proceedings at which all Parties are actually tion to be made. present before the Court either in Person or by Counsel or Attorney, or at the Hearing, the Application may be made vivá voce, and may be disposed of at once, otherwise the Application must be made and disposed of on Summons. It shall be in the Discretion of the Court to direct which Issues shall be first disposed of.
Issues.
4. At any Time before the Decision of the Case, the Court Amended or may amend the Issues or frame additional Issues on such Terms additional as to it shall seem fit, and all such Amendments as may be necessary for the Purpose of determining the real Question or Controversy between the Parties shall be so made.
Interrogatories-Discovery-Unwilling Witness.
XLI. In all Suits, the Plaintiff and the Defendant, or either Power to deli- of them, may by Order of the Court, deliver to the opposite Party ver written In- terrogatories to or his Attorney, (provided such Party, if not a Body Corporate,
opposite Party. would be liable to be called and examined as a Witness upon such Matter,) Interrogatories in Writing upon any Matter as to which Discovery may
be
sought, and require such Party, or in the Case of a Body Corporate, any of the Officers of such Body Corporate, within Ten Days to answer the Questions in Writing by Affidavit, to be sworn and filed in the ordinary Way; and any Party or Officer omitting, without just Cause, sufficiently to answer all Questions as to which a Discovery may be sought within the above Time, or such extended Time as the Court shall allow, shall be deemed to have committed a Contempt of the Court, and shall be liable to be proceeded against accord- ingly.
ing to interro- gate and his
2. The Application for such Order shall be made upon an Affidavits by Affidavit of the Party proposing to interrogate, and his Attorney Party propos or Agent, or in the Case of a Body Corporate, of their Attorney or Agent, stating that the Deponent believes that the Party Attorney. proposing to interrogate, whether Plaintiff or Defendant, will derive material Benefit in the Cause from the Discovery which he seeks, that there is a good Cause of Action or Defence upon the Merits, and, if the Application be made on the Part of the Defendant, that the Discovery is not sought for the Purpose of
Delay: Provided that where it shall happen, from unavoidable Circumstances, that the Plaintiff or Defendant cannot join in such Affidavit, the Court may, if it think fit, upon Affidavit of such Circumstances by which the Party is prevented from so joining therein, allow and order that the Interrogatories may be delivered without such Affidavit.
when to be
3. In case of Omission, without just Cause, to answer suffi- Oral Examina- ciently such written Interrogatories, it shall be lawful for the tion of Parties Court, at its Discretion, to direct an Oral Examination of the allowed. interrogated Party, as to such Point as they or he may direct, before the Court or Registrar; and the Court may, by such Order, or any subsequent Order, command the Attendance of such Party before thie Person appointed to take such Exami- uation, for the Purpose of being orally examined as aforesaid, or the Production of any Writings or other Documerts to be mentioned in such Order, and may impose therein such Terms as to such Examination, and the Costs of the Application, and of the Proceedings thereon, and otherwise, as to such Court shall seem just.
4. The Court may, on the Application of the Party interro- Exceptions to gated, strike out or permit to be amended any Interrogatory Interroga- which, in the Opinion of the Court, may be exceptionable.
tories.
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refuses to make an Affidavit,
5. Any Party to a Suit, or other Civil Proceeding, requiring Examination the Affidavit of a Person who refuses to make an Affidavit, of Person who may apply by Summons for an Order to such Person to appear and be examined upon Oath before the Court or Registrar, to whom it may be most convenient to refer such Examination, as to the Matters concerning which he has refused to make an Affidavit; and the Court may, if it think fit, make such Order for the Attendance of such Person before the Person therein appointed to take such Examination, for the Purpose of being examined as aforesaid, and for the Production of any Writings or Documents to be mentioned in such Order, and may there- upon impose such Terms as to such Examination, and the Costs of the Application and Proceedings therein, as it shall think just.
6. Upon the Application of either Party to any Suit or other Discovery of Civil Proceeding upon an Affidavit of such Party of his Belief Documents,
any Document, to the Production of which he is entitled for the Purpose of Discovery or otherwise, is in the Possession or
that
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