hongkong-colonial-ordinances-1847 — Page 195

10 REGULA GENERALIS .


thereof, the Defendant shall be barred from rejoining thereto, and
the Plaintiff shall be at liberty to sign Judgment.

Judgment against XVIII. That whenever it shall happen that the Plaintiff, by
the
proceeding in not his Default, shall be barred from declaring or making Claim, and
Plaintifffor
Cause.
that the Defendant, by reason of such Default, shall be at liberty to
sign Judgment against him for not proceeding in the said Cause,
such Judgment shall be signed and entered in a Book kept by the
Registrar for that purpose : and thereupon the said Defendant shall
proceed to tax the Costs of the said Cause against the Plaintiff.

Consequences ofDe-
fault, and how reme- XIX. That whenever either Party in the Cause shall, by his
died. Default, be barred from declaring or making Claim, Pleading,
Answering, Replying, or Rejoining, as the Case may be, the Plead-
ings therein shall be considered as closed : Provided, however, that
the Party in Default may, at any Time before Final Judgment, by
Order of the Chief Justice or other Judge of the said Court, purge
his said Default, and be admitted to declare or make Claim, Plead,
Answer, Reply, or Rejoin, upon an Affidavit of Merits and other
sufficient Grounds, to the Satisfaction of the said Chief Justice or
other Judge, upon such Terms as the said Chief Justice or other
Judge shall impose.

Time to declare, or XX. That either Party may, upon Application to the Chief
plead, &c., how ob- Justice or any other Judge of the said Court at Chambers, obtain
Time to Declare, or make Claim, Plead, Answer, Reply, or an Order
to Amend the Pleadings, or Schedule thereto annexed respectively,
upon sufficient Cause shewn to the Satisfaction of the said Chief
Justice, or other Judge, and upon such Terms as he shall impose.

Pleadings to be XXI. That all Pleadings in any Civil Case shall be signed by
signed by Counsel a Barrister, and filed with the Registrar of the said Court within
Time of filing Plead-
ings. the Office Hours on the Day on which the same should by Practice
of the said Court be filed ; and either Party in the Cause may at all
reasonable Times search for such Pleadings, and ask for and obtain
Copies of the same at his own Expense.

Schedule of Docu- XXII . That there shall be annexed to the Declaration and
be annexed toPlead. Pleadings, in every Civil Cause, a Schedule of all Documents or
ings. Papers which the Plaintiff and Defendant respectively propose to
give in Evidence upon the Trial of the said Cause ; and Inspection
and Copies of all such Documents and Papers shall be given, if in
the Possession or under the Control of either of the Parties respec-
tively, to the opposite Party or his Attorney, upon his Request, and
at his Expense.

Setting aside Pro- XXIII. That where any Proceeding in a Cause has been irre-
ceedings for Irregu- gular or improper, it shall be competent to the Party complaining
of the Irregularity, before taking any further Step therein, to apply
to the Court, in Term Time, for a Rule, or to take out a Summons
before the Chief Justice or other Judge at Chambers, in Vacation,
calling upon theOpposite Party to shew Cause why the Proceeding
should not be set aside for Irregularity ; and the Court or Judge,
upon Service of such Rule or Summons, shall make such further
Rule or Order therein as shall seem fit.
XXIV.