774
appeal, etc. 0.58 r. 2.
Length of notice of motion. Ib. r. 3. General
powers of the Full
Court in
hearing ap-peal.
Ib. r. 4.
Power to order new trial Ib. r. 5.
Power as to coste. Ib. r. 4.
Notice of appeal by respondent. Ib. r. 6.
No. 8.]
so affected; but the Full Court may direct the notice of motion to be served on all or any parties to the action or other proceeding or on any person not a party, and in the meantime may postpone or adjourn the hearing of the appeal on such terms as may be just, and may give such judgment and make such order as might have been given or made if the persons served with such notice had been originally parties.
THE ORDINANCES OF HONGKONG: [A.D. 1901.
(2.) The notice of motion may be amended at any time as the Full Court may think fit.
609. The notice of motion shall be a fourteen days' notice.
610.-(1.) The Full Court shall have all the powers and duties as to amendment and in all other respects of the Court, together with full discretionary power to receive further evidence upon questions of fact, such evidence to be either by oral examination in Court, by affidavit, or by deposition taken before the Registrar or a commissioner.
(2.) Such further evidence may be given without special leave on any interlocutory application, or in any case as to matters which have occurred after the date of the decision from which the appeal is brought.
(3.) On any appeal from a judgment after the trial or hearing of any cause or matter on the merits, such further evidence (save as to matters subsequent as aforesaid) shall be admitted on special grounds only, and not without special leave of the Full Court.
(4.) The Full Court shall have power to draw inferences of fact, and to give any judgment and make any order which ought to have been made, and to make such further or other order as the case may require.
(5.) The
aforesaid may
be exercised by the Full Court, notwithstanding that the notice of motion may be that part only of the decision may be reversed or varied, and such powers may also be exercised in favour of all or any of the respondents or parties, although such respondents or parties may not have appealed from or complained of the decision.
611. If, on the hearing of an appeal, it appears to the Full Court that a new trial ought to be had, it shall be lawful for the Full Court, if it thinks fit, to order that the verdict and judgment or the judgment, as the case may be, shall be set aside, and that a new trial shall be had.
612. The Full Court shall have power to make such order as to the whole or any part of the costs of the appeal as may be just.
4
613.-(1.) It shall not, under any circumstances, be necessary for a respondent to give notice of motion by way of cross appeal, but if a respondent intends, on the hearing of the appeal, to contend that the decision of the Court should be varied, he shall, within the time specified