AD. 1901.]
CODE OF CIVIL PROCEDURE.
[No. 3.
600. On any motion for a new trial, the Full Court shall have power Power to order a nonsuit or verdict to be entered, although no leave has been reserved at the trial.
601. In every order for a new trial or to enter a nonsuit or verdict, the grounds on which the order has been made shall be shortly stated therein.
773
order non-suit, etc. H. K. Code, s. 65 (5.)
Order for new trial, etc.
Ord. No. 6 of 1855 s. 27.
602. When a new trial is granted on the ground that the verdict was Costs of first against evidence, the costs of the first trial shall abide the event, unless the Full Court otherwise orders.
603-(1.) On an order for a new trial, either party may, if he is entitled thereto under the provisions of Chapter 11, demand a jury for the second trial, though the first was without a jury.
trial where new trial ordered. Ib. s. 28.
Right to jury on second trial. H. K. Code, s. 68 (5.), (6.)
(2.) The Full Court may, if it thinks fit, make it a condition of granting a new trial that the trial shall be with a jury.
604. When an application for a new trial is granted, a note thereof shall be made in the Cause-Book, and the Full Court shall give such order in regard thereto as it may deem proper in the circumstances of the case.
605. No order made by the Court by the consent of parties or as to costs only, which by law are left to the discretion of the Court, shall be subject to any appeal, except by leave of the Court.
606.-(1.) No appeal to the Full Court from any decision of the Court shall, except by special leave of the Full Court, be brought after the expiration of six months.
(2.) The period of six months shall be calculated from the time when the decision was pronounced.
(3.) Such deposit or other security for the costs to be occasioned by an appeal shall be made or given as may be directed under special circumstances by the Full Court.
607.-(1.) Every appeal to the Full Court from a decision of the Court shall be by way of re-hearing and shall be brought by notice of motion in a summary way, and no petition, case, or other formal proceeding, other than such notice of motion, shall be necessary.
(2.) The appellant may by the notice of motion appeal from the whole or any part of any decision, and the notice of motion shall state whether the whole or part only of such decision is complained of, and in the latter case shall specify such part.
Recording of grant of application for new trial. Ib. s. 68 (8.).
Restriction on right of appeal.
36 & 37 Vict. c. 66 s. 49.
Limit of time for appealing from decision, and security for costs.
O. 58 r. 16.
Appeal to be by re-hearing on motion.
O. 58 r. 1.
608.-(1.) The notice of motion shall be served on all parties directly Service of affected by the appeal, and it shall not be necessary to serve parties not
notice of motion for