496
THE HONGKONG GOVERNMENT GAZETTE, 4TH OCTOBER, 1673.
Decree for Meacy--- Interest.
Payment by Instalments.
Where Set-off is allowed.
Decree to be
6. When the Suit is for a Sum of Money due to the Plaintiff, the Court may, in the Decree, order Interest, at such Rate as the Court may think proper, to be paid on the principal Sum adjudged from the Date of the Suit to the Date of the Judgment, in addition to any Interest adjudged on such principal Sum for any Period prior to the Date of the Suit; with further Interest on the aggregate Sum so adjudged, and on the Costs of the Suit from the Date of the Decree to the Date of Payment.
7. In all Judgments for the Payment of Money, the Court may, for any sufficient Reason, order that the Amount shall be paid by Instalments with or without Interest.
8. If the Defendant shall have been allowed to set-off any Demand against the Claim of the Plaintiff, the Judgment shall state what Amount is due to the Plaintiff and what Amount (if any) is due to the Defendant, and shall be for the Recovery of any Sum which shall appear to be due to either Party. The Judgment of the Court with respect to any Sum awarded to the Defendant shall have the same Effect and be subject to the same Rules as if such Sum had been claimed by the Defendant in a separate Suit against the Plaintiff.
9. A Person directed by a Decree or Order to pay Money, or obeyed without do any other Act, is bound to obey the Decree or Order without
Demand for Payment or Performance.
Demand.
Written
Judgment
to be filed.
General
any
10. Whenever the Court shall deliver a written Judgment, the Original or a Copy thereof signed by the Judge shall be filed in the Suit or other Proceeding.
Reviem of Judgment-Re-hearing--New Trial.
LXVIII. The Court may in any Case, on such Terms as seem Powers of the just, review any Judgment, or order a Re-hearing or new Trial,
with or without a Stay of Proceedings.
Court.
Application for Review by Notice of Motion.
Such Notice no
Stay of Pro-
ceedings- Money în
Court.
Application
2. Any Application for a Review of Judgment or for a Re- hearing or new Trial must be made on Notice of Motion filed not later than Fourteen Days after such Decision or Hearing or Verdict.
3. Such Notice shall not of itself operate as a Stay of Pro- ceedings; but any Money in Court in the Suit shall be retained to abide the Result of the Motion or the further Order of the Court.
4. After the Expiration of such Fourteen Days, an Application after 14 Days. for such Review, "Re-hearing, or new Trial shall not be admitted, except by special Leave of the Court, on such Terms as seem just. 5. On an Order for Re-hearing or new Trial, either Party may demand a Jury for the second Trial, though the first was not with a Jury.
Jury may be demanded.
Court may order Jury.
Improper
Admission or Rejection of Evidence.
6. The Court may, if it thinks fit, make it a Condition of granting a Re-hearing or new Trial that the Trial shall be with a Jury.
Discovery of
7. The Discovery of new Matter or Evidence which was not new Evidence. within the Knowledge of the Applicant, or could not be adduced by him at the Trial, may be a Ground for a new Trial, but the improper Admission or Rejection of Evidence shall not be a Ground of itself for a new Trial or Reversal of any Judgment in any Case, if it shall appear to the Court, that, independently of the Evidence objected to and admitted, the was sufficient Evidence to justify the Judgment, or that if the r'jected Evidence had been received, it ought not to have varied the Judgment. Proceedings 8. When an Application for a Review of Judgment, Re-hear- where Applica- ing, or New Trial is granted, a Note thereof shall be made in the Register of Suits, and the Court shall give such Order in regard thereto, as it may deem proper in the Circumstances of the Cuse.
tion is granted.