706
Notice to parties of transfer of cause.
H. K. Code, s. 51 (4.)
Taking cause out of turn.
Ib. s. 51 (5.)
Notice of postponement of trial not necessary
No. 3.]
THE ORDINANCES OF HONGKONG: [A.D. 1901-
285. When a cause is about to be transferred from the general trials list to the trial paper, notice of such transfer shall be served on the parties, and, unless the Court in any particular case directs otherwise, not less than ten days shall be allowed between the service of such notice and the day of trial.
286. When any cause has been specially directed by the Court to be tried on a particular day or out of its ordinary turn, the name of cause shall be placed in the trial paper with the words "by order" subjoined.
287. In case of the postponement of the trial of any cause from the day appointed in the trial paper by reason of the preceding causes in the trial paper not having been got through, or under any order of the Court made during the sitting on that day, no further notice to either party of the postponement day shall be requisite, unless otherwise ordered by the Court.
Order as to mode of trial.
Ib. s. 53 (2.), (3.)
Right to trial by jury in action of libel, etc.,
O. 36 r. 2
Trial without jury.
Ib. r. 3.
Modes of Trial.
288.-(1.) The summons for setting down the cause for trial shall specify the mode of trial desired by the party making the application.
(2.) On the hearing of the summons, the Court shall make such order as to the mode of trial as it may think fit, but subject to the provisions hereafter in this Chapter contained.
289. In any action of libel, slander, false imprisonment, malicious prosecution, seduction, or breach of promise of marriage, the plaintiff or the defendant may, in the summons or on the hearing of the summons, as the case may be, signify his desire to have the issues of fact tried by the Court with a jury, and thereupon the same shall be so tried.
290.-(1.) Causes or matters which would, previously to the commencement of the Hongkong Code of Civil Procedure, have been heard by the Court in its equitable jurisdiction shall be tried by the Court without a jury, unless the Court otherwise orders.
(2.) The Court may, if it appears desirable, direct a trial without a jury of any question or issue of fact, or partly of fact and partly of law arising in any cause or matter which, previously to the commencement of the Hongkong Code of Civil Procedure, could, without any consent of parties, have been heard without a jury.
(3.) The Court may direct the trial without a jury of any cause, matter, or issue requiring any prolonged examination of documents or accounts, or any scientific or local investigation, which cannot, in the opinion of the Court, conveniently be made with a jury.
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706
Notice to parties of transfer of cause.
H. K. Code, 8. 51 (4.)
Taking cause. out of turn.
Ib. s. 51 (5.)
Notice of postpone- ment of trial not necessary
No. 3.]
THE ORDINANCES OF HONGKONG: [A.D. 1901- 285. When a cause is about to be transferred from the general trials list to the trial paper, notice of such transfer shall be served on the parties, and, unless the Court in any particular case directs otherwi not less than ten days shall be allowed between the service of such notice and the day of trial.
286. When any cause has been specially directed by the Court to be tried on a particular day or out of its ordinary turn, the name of cause shall be placed in the trial paper with the words "by order subjoined.
"
287. In case of the postponement of the trial of any cause from the day appointed in the trial paper by reason of the preceding causes in the trial paper not having been got through, or under any order of the Court made during the sitting on that day, no further notice to either party Tb. 8. 51 (6.) the postponement day shall be requisite, unless otherwise ordered by the of
in certain cases.
*Court.
Order as to mode of trial.
Ib. s. 53 (2.),
(3.)
Right to trial by jury in action of libel, etc.,
0.36 r. 2
Trial without jury. Ib. r. 3.
Modes of Trial.
288-(1.) The summons for setting down the cause for trial shallf specify the mode of trial desired by the party making the application
(2.) On the hearing of the summons, the Court shall make such order as to the mode of trial as it may think fit, but subject to the provisions hereafter in this Chapter contained.
289. In any action of libel, slander, false imprisonment, malicious prosecution, séduction, or breach of promise of marriage, the plaintiff o the defendant may,
in the summons or on the hearing of the summons, as the case may be, signify his desire to have the issues of fact tried by the Court with a jury, and thereupon the same shall be so tried.
290.-(1.) Causes or matters which would, previously to the com mencement of the Hongkong Code of Civil Procedure, have been heard by the Court in its equitable jurisdiction shall be tried by the Court this Ordinance. without a jury, unless the Court otherwise orders.
Repealed by
Ib. г. 4.
Ib.
5.
a
(2.) The Court may, if it appears desirable, direct a trial without jury of any question or issue of fact, or partly of fact and partly of law arising in any cause or matter which, previously to the commencement of the Hongkong Code of Civil Procedure, could, without any consen of parties, have been heard without a jury.
(3.) The Court may direct the trial without a jury of any cause matter, or issue requiring any prolonged examination of documents accounts, or any scientific or local investigation, which cannot, in the opinion of the Court, conveniently be made with a jury
*
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