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THE HONGKONG GOVERNMENT GAZETTE, 4TH OCTOBER, 1873.
Order.
12. Where an Order is made on a Motion ea parte, any Party May vary or affected by it may, within Seven Days after Service of it, or discharge within such further Time as the Court shall allow, apply to the Court by Motion to vary or discharge it; and the Court on Notice to the Party obtaining the Order, either may refuse to vary or discharge it, or may vary or discharge it with or without imposing Terms as to Costs or Security, or other Things, as seem just.
Order to show Cause.
XLIV. An Order to show Cause shall specify a Day when Return-day. Cause is to be shown, to be called the Return-day to the Order, which shall ordinarily be not less than Four Days after Service.
2. A Person served with an Order to show Cause may, before Counter Afli- the Return-day, file Affidavits to contradict the Evidence davits. used in obtaining the Order, or setting forth other Facts on which he relies, to induce the Court to discharge such Order.
3. On the Return-day, if the Person served do not appear, in Enlargement Person or by Counsel or Attorney, and it appears to the Court of Time and that the Service on all proper Parties has not been duly effected, further Ser- the Court may enlarge the Time and direct further Service, or make such other Order as seems just.
vice,
4. If the Persons served appear, or the Court is satisfied that Appearance or Service on all proper Parties has been duly effected, the Court Proof of Ser- may proceed with the Matter.
vice.
5. The Court may either discharge the Order, or make the same General absolute, or adjourn the Consideration thereof, or permit further Powers of Affidavits to be filed in support of, or against the Order, and may Court. modify the Terms of the Order so as to meet the Merits of the Case.
Summons.
XLV. Every Summons shall be issued out of the Registrar's Application to Office, and before it can be issued, an Application for the same to Registrar. the Registrar must be made in Writing, and signed by the Applicant or his Attorney, and headed in the Suit or other Proceeding.
2. The Application for the Summons shall distinctly set forth Contents the Nature of the particular Application.
thereof.
3. The Registrar may thereupon issue a Summons setting Issue of Sum- forth the Nature of the Application ordering the Person to mons. whom it is directed to appear at the Time and Place directed
by the Registrar and specified on the Summons.
4. On the Return-day of the Summons, if the Person to whom Proceedings on the Summons is directed appears, or in his Absence, on Proof of Return-day. Service, the Court may, on the Application of the Person ob-
taining the Summons, consider and deal with the Application in
a summary Way.
The Court shall take a Note of the material Evidence, if Note of Evi- taken virâ voce.
dence.
6. The Court may adjourn the Hearing of any Summons Adjournment, when necessary.
7. The Court may order any Proceedings in Chambers to be Private Hear- heard in Private.
ing.
Evidence in Interlocutory Proceedings.
XLVI. The Evidence at the Hearing of any interlocutory or By Affidavit in other Application in a Suit or Matter, shall, as a general Rule, general. ▾ be by Affidavit, but the Court may, if it thinks it expedient, summon any Person to attend to produce Documents before it, or to be examined, or to be cross-examined rica voce by or
before it, in like Manner as at the Hearing of a Suit.
rested.
2. Such Notice as the Court in each Case, according to the Notice to Circumstances, considers reasonable, shall be given to the Per- Parties inte- son summoned, and to such Persons (Parties to the Suit or Proceeding or otherwise interested) as the Court considers entitled to inspect the Documents to be produced, or to examine the Person summoned, or to be present at his Examination, as the Case may be.
3. The Evidence of a Witness on any such Examination, shall Evidence how be taken in like Manner as nearly as may be, as at the Hearing taken. of a Suit.
Stay of Proceedings.
XLVII. No Summons or Notice of Motion shall operate as a In what Cases. Stay of Proceedings, except by Direction of the Registrar endorsed thereon, and in such Case, it shall so operate from the
Time of the Service thereof on the opposite Party.
2. Every Order made in Chambers shall have the same Force Effect and and Effect as an Order of Court, and the Court sitting at Enforcement
• Chambers shall have the same Power to enforce, vary, or deal of Order. with any such Order, by Attachment or otherwise, as if sitting
in Court.
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