I
THE HONGKONG GOVERNMENT GAZETTE, 30TH MARCH, 1872.
necessary for the determination in the existing suit of the real question in controversy between the parties shall be made if duly applied for.
144. The Court may at the hearing order or allow, on such Pleadings terms as seem just, the striking out or amendment of any pleading prejudicing that appears so framed as to prejudice, embarrass, or delay the fair trial. fair trial of the real questions in controversy between the parties.
Judgments.
145. Decisions and judgments shall be delivered or read in Publicity. open Court in presence of the parties or their counsel.
ment.
146. If the judgment of the Court is reserved at the hear- Summons to ing, parties to the suit shall be summoned to hear judgment, hear judg unless the Court at the hearing states the day on which judgment will be delivered, in which case no summons to hear judgment shall be issued.
147. All parties shall be deemed to have notice of any de- Notice to cision or judgment, if the same is pronounced at the hearing of parties of the application or suit.
judgment.
All parties duly served with notice to attend and hear judgment shall be deemed to have notice of the judgment when pronounced.
148. A minute of every judgment, whether final or interlo- Minute of cutory, shall be made, on which the decree or order may be drawn judgment. up on the application of any of the parties.
Special Case.
149. Any verdict may be taken, subject to a special case to Verdict subject be stated for the opinion of the Court.
Review of Decision, Re-hearing, New Trial. 150. The Court may, in any case, on such terms as just, review any decision or order a re-hearing or new trial, a stay of proceedings.
•
to special case.
seem Power of with Court as to
reviewing decision re- hearing and new trial.
151. Any application for a review of decision or for a re- Time for hearing or new trial must be made on notice of motion filed not application for later than fourteen days after such decision or hearing or verdict. review, re-
Such notice shall not of itself operate as a stay of pro- new trial.
hearing, or 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. After the expiration of such fourteen days an applica- tion 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.
152. On an order for re-hearing or new trial, either party Jury may be may demand a jury for the second trial, though the first was not demanded in with a jury.
new trial.
153. The Court may, if it thinks fit, make it a condition of Court may granting a re-hearing or new trial that the trial shall be with a order jury. Jury.
Decrees and Orders.
154. A decree or order shall bear date of the day on which Date of decrec the decision or judgment on which the decree or order is founded or order. is pronounced.
155. Decrees and orders shall be drawn up in form only on Drawing up of the application of some party to the suit, and shall then be passed, decree or order. certified by the seal of the Court, and entered, and shall then form part of the record.
-
No decree or order shall be enforced or appealed from, nor shall any copy thereof be granted, until it has been so drawn up, passed and entered.
156. Any party to the suit is entitled to obtain a copy of a Certified decree or order, when drawn up, passed and entered, such copy copies. to be certified under the seal of the Court.
157. Where an order is made ex parte, a certified copy of Ex parte the affidavit or deposition on which the order is granted must be orders. served on the party affected by the order together with the order.
158. Where in any suit or matter a decree or order directs Statement of any person to pay money or do any other act, the same or some time in decree subsequent decree or order shall state the precise time within or order. which the payment or other act is to be made or done, reckoned from the date or from the service of the decree or order in which the time is stated, or from some other point of time, as seems fit.
159. A decree or order may direct the payment to be made, Immediate or act to be done, immediately after service of the decree or order, payment. if, under special circumstances, the Court thinks fit so to direct.
160. Where the decree or order is one directing payment Indorsement of money, there shall be endorsed on the copy of it served on the on decree or person required to obey it, a memorandum in the words, or to the effect following:-
"If you, the within-named A.B., neglect to obey this decree "[or order] by the time therein limited, you will be liable "to have a writ of execution issued against your goods, "under which they may be seized and sold, and will also
orderfor money
payment.
171