THE HONGKONG GOVERNMENT GAZETTE, 4TH OCTOBER, 1873.
2. If the Plaintiff does not attend in Person or by Counsel, of Plaintiff.
the Court, on being satisfied that the Plaintiff has received Notice
of the Hearing, shall, unless it sees good Reason to the Contrary, strike out the Cause, and make such Order as to Costs in favor
of any Defendant appearing as seems just.
3. If the Plaintiff attends, but the Defendant or any of the Of Defendant. Defendants does or do not attend in Person or by Counsel, the Court shall, before hearing the Cause, inquire into the Service
of the Writ of Summons and Petition and of Notice of Hearing
on the absent Party or Parties.
Service.
4. If not satisfied as to the Service on every Party, the Court Further shall direct such further Service to be made as it shall think fit, and adjourn the Hearing of the Cause for that Purpose.
5. If satisfied that the Defendant or the several Defendants When Court has or have been duly served with the Writ of Summons and may proceed Petition and with Notice of the Hearing, the Court may proceed ex parte. to hear the Cause notwithstanding the Absence of the Defendant, or any of the Defendants, and may, on the Evidence adduced by the Plaintiff, give such Judgment as appears just. The Court, however, shall not be bound to do so, but may order the Hearing to stand over to a further Day, and direct fresh Notice to be given to the Defendant or Defendants, in case Justice seems to require an Adjournment.
Defendant.
6. In all Cases where the Plaintiff has obtained Leave to proceed Re-hearing for ex parte for want of Appearance to the Writ of Summons, and in absent all other Cases where the Court hears a Cause and Judgment is given in the Absence of and against any Defendant, the Court may afterwards, if it thinks fit, on such Terms as seem just, set aside the Judgment and re-hear the Cause, on its being established by Evidence on Oath to the Satisfaction of the Court that the Defendant's Absence was not wilful, and that he has a Defence upon the Merits.
7. Where a Cause is struck out by reason of the Absence of Restoration of the Plaintiff, it shall not be restored without Leave of the Court, Cause to Hear- until it has been set down again at the bottom of the Generaling List for Hearing List, and been transferred in its regular Turn to the Hearing Paper.
Plaintiff.
tiff a second
8. Where a Cause has been once struck out, and has been a Non-attend- second Time set down, and has come into the Hearing Paper, and ance of Plain- on the Day fixed for the Hearing the Plaintiff having received Time. due Notice thereof, fails to attend either in Person or by Counsel when the Cause is called on, the Court, on the Application of the Defendant, and if the Non-attendance of the Plaintiff appears to be wilful and intended to harass the Defendant, or to be likely to prejudice the Defendant by preventing the Hearing and Determination of the Suit, may make an Order on the Plaintiff to show Cause why a Day should not be fixed for the peremptory Peremptory Hearing of the Cause; and on the Return to that Order, if no Order. Cause, or no sufficient Cause be shown, the Court shall fix a Day accordingly, upon such Notice and other Terms as seem just.
9. In Case the Plaintiff does not attend on the Day so fixed, Effect of Dis- either in Person or by Counsel, the Court shall, unless it sees missal of Suit good Reason to the contrary, order Judgment to be entered for in such Cases.
the Defendant.
Order of Proceeding,
LXII. The Order of Proceeding at the Hearing of a Cause shall be as follows:--
1. The Plaintiff shall state the Pleadings.
Statement of Pleadings.
2. The Party on whom the Burden of Proof is thrown by the Burden of Nature of the material Issues or Questions between the Parties Proof. has the Right to begin: he shall address the Court and open his Party to Case.
begin.
3. He shall then produce his Evidence and examine his Wit- Evidence. nesses in chief.
or
4. When the Party beginning has concluded his Evidence, he Summing up. shall ask the other Party if he intends to call Evidence (in which Term is included Evidence taken by Affidavit or Deposition, under Commission, and documentary Evidence not already read or taken as read); and if answered in the Negative, he shall be entitled to sum up the Evidence already gives, and comment thereon; but if answered in the Affirmative, he shall wait for his general Reply.
5. When the Party beginning has concluded his Case, the Case of other other Party shall be at liberty to address the Court, and to call Party. Evidence, and to sum up and comment thereon.
6. If no Evidence is called or read by the latter Party, the General Reply. Party beginning shall have no Right to reply, unless he has been prevented from summing up his Case by the Statement of the other Party of his Intention to call Evidence.
7. The Case on both Sides shall then be considered closed.
Case closed.
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