1196
No. 3 of 1901.
Notice to parties of transfer of cause.
H. K. Code, s. 51 (4).
Taking cause out of turn.
CODE OF CIVIL PROCEDURE.
285. When a cause is about to be transferred from the general trial 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 10 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 the cause shall be placed in the trial paper with the words "by order" subjoined.
Notice of postponement of trial in certain cases.
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.
[ib. s. 51 (6).]
Modes of Trial.
Order as to mode 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 contained in this Chapter.
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 * As amended by No. 2 of 1912.
Page 65
Page 66
་་་
1196
No. 3 of 1901.
Notice to
parties of transfer of
cause.
H. K. Code, s. 51 (4).
Taking cause
out of turn.
CODE OF CIVIL PROCEDURE.
285. When a cause is about to be transferred from the general trial 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 10 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 [ib. s. 51 (5).]
the cause shall be placed in the trial paper with the words "by order" subjoined.
Notice of postpone-
ment of trial
in certain
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 not necessary 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.
cases.
[ib. s. 51
(6).]
Modes of Trial.
Order as to
mode of trial.
288. (1) The summons for setting down the cause for trial shall [ib. s. 53 (2), specify the mode of trial desired by the party making the applica 1.
(3).]
*
Right to trial by jury in
action of libel, etc.
0.36 r. 2.
Trial with- out jury. ib.r. 3.
ib. r. 4.
(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 contained in this Chapter.
289. In any action of libel, slander, false imprisonment, malicious prosecution, seduction, or breach of promise of marriage, the plain- tiff 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 shali 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 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
* As amended by No. 2 of 1912.
Page 65Page 66
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