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THE HONGKONG GOVERNMENT GAZETTE, 30TH MARCH, 1872.

sufficient cause be shown, the Court shall fix a day accordingly, upon such notice and other terms as seem just.

In case the plaintiff does not appear on the day so fixed, either in person or by counsel, the Court shall, unless it sees good reason to the contrary, dismiss the petition, which dismissal shall have the same effect as a dismissal on the merits at the hearing. Witnesses.

discredit his

123. A party producing a witness shall not be allowed to How far a impeach his credit by general evidence of bad character, but he party may may, in case the witness shall in the opinion of the Court prove own witness. adverse, contradict him by other evidence, or by leave of the Court prove that he has made at other times a statement incon- sistent with his present testimony; but before such last-mentioned proof can be given, the circumstances of the supposed statement, sufficient to designate the particular occasion must be mentioned to the witness, and he must be asked whether or not he has made such statement.

mer

statement of

124. If a witness, upon cross-examination as to a for- Proof of

statement made by him relative to the subject mat- contradictory ter of the cause, and inconsistent with his present testimony, adverse does not distinctly admit that he has made such statement, proof witnesses. may be given that he did in fact make it; but before such proof can be given, the circumstances of the supposed statement, suffi- cient to designate the particular occasion, must be mentioned to the witness, and he must be asked whether or not he has made such statement.

statements in

125. A witness may be cross-examined as to previous state- Cross-exami- ments made by him in writing or reduced into writing, relative to nation as to the subject matter of the cause, without such writing being shown previous to him; but if it is intended to contradict such witness by the' writing. writing, his attention must, before such contradictory proof can be given, be called to those parts of the writing which are to be used for the purpose of so contradicting him: Provided always, that it shall be competent for the Court, at any time during the trial, to require the production of the writing for its inspection, and the Court may thereupon make such use of it for the purposes of the trial as it shall think fit.

126. A witness in any cause may be questioned as to whether Proof of he has been convicted of any felony or misdemeanor, and, upon previous con-

viction of a

being so questioned, if he either denies the fact, or refuses to witness may be answer, it shall be lawful for the opposite party to prove such given. conviction; and a certificate containing the substance and effect only (omiting the formal part) of the indictment and conviction for such offence, purporting to be signed by the Clerk of the Court, or other officer having the custody of the records of the Court where the offender was convicted, or by the deputy of such clerk or officer, shall, upon proof of the identity of the person, be suffi- cient evidence of the said conviction, without proof of the signa- ture or official character of the person appearing to have signed the same.

witness need not be called except in

127. It shall not be necessary to prove by the attesting Attesting witness any instrument to the validity of which attestation is not requisite; and such instrument may be proved by admission, or otherwise, as if there had been no attesting witness thereto. certain cases.

128. Comparison of a disputed writing with any writing Comparison of proved to the satisfaction of the Court to be genuine shall be per- disputed mitted to be made by witnesses; and such writings, and the writing. evidence of witnesses respecting the same, may be submitted to the Court and jury as evidence of the genuineness, or otherwise of the writing in dispute.

Jury.

129. All suits shall be determined by the Court without a Trial without Jury, unless on the application of either party the Court shall in jury except its discretion think fit to order that a jury be empanelled to try upon applica-

tion of parties. any issue of fact.

130. Notice of application for a jury, must be filed seven Time for appli- cation for jury. days at least before the day of hearing.

131. Where notice of application for a jury has not been Adjournment filed in due time, or if at the hearing both parties desire a jury, of jury. the Court may, on such terms as seem just, adjourn the hearing, in order that a jury may be summoned.

witnesses.

132. Either party shall be at liberty to apply to the Court or Inspection by a Judge for a rule or order for the inspection by the jury or by jury, by himself or by his witnesses, of any real or personal property, the parties or by inspection of which may be material to the proper determination of the question in dispute; and it shall be lawful for the Court, if it think fit, to make such rule or order upon such terms as to costs and otherwise as such Court may direct.

133. It shall be lawfal for the Court to make such rules or Rule or order

for summoning orders upon the Sheriff or other person as may be necessary to procure the attendance of a special or common jury for the "trial jury. of any cause or matter depending in the Court, at such time and place and in such manner as the Court may think fit.

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