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DISCONTINUANCE.
118. The plaintiff may, at any time, discontinue his Retion by fling a notice to that effect, and the defendant shall thereupon be entitled to have judgment entered for his costs of action on filing a notice to enter the same. The discontinuance of an action by the plaintiff shall not prejudice any action consolidated therewith or any counter- claim previously set up by the defendant. Forms of notice of discontinuance and of notice to enter judgment for costs will be found in the Appendix bereto, Nos. 34 and 35.
CONSENTS.
119. Any consent in writing signed by the parties may, by permission of the registrar, be filed, and shall thereupon become an order of Court.
APPEALS TO THE FULL Court.
120. All appeals to the Full Court shall be brought by notice of motion in a summary way.. The notice of motion shall state whether the whole or part only of the judg ment or order appealed from is complained of, and in the latter case shall specify such part.
121. The notice of appeal shall be served on all parties directly affected by the appeal, but the Full Court may direct notice of the appeal to be served on all or any partios to the action or u; on any person not a party, and may postpone the hearing of the appeal upon such terms as may seem 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.
122. The Full Court may, in its discretion, call in the aid of one or more assessors whose fees shall be paid in the first instance by the appellant unless the Full Court shall otherwise order.
123. The Full Court shall have all powers and duties of the Court as to amendment and otherwise and fall dis- cretionary power to receive further evidence upon questions of fact.
124. The Full Court shall have power to give any judgment and make any order which ought to have been given or made and to make such further or other order as the case may require, or to order a new trial, or to make such order as to the whole or any part of the costs of the proceedings including the appeal as may seem just.
125. It shall not be necessary for a respondent to give notice of motion by way of Cross Appeal, but if he intends on the hearing of the appeal to apply for any variation of the decision of the Court below, he shall give notice of such intention to any parties who may be affected by such application. The omission to give such notice may be ground for an adjournment of the appeal or for a special order as to costs.
126. No appeal shall, except by special leave of the Full Court, be brought after the expiration of one mouth.
127. An appeal shall not operate as a stay of execution or of proceedings under the decision appealed from unless the Full Court shall so order and any such order may be made upon such conditions as the Full Court may direct.
APPEALS TO HER MAJESTY IN COUNCIL. * 128. A party desiring to appeal to Her Majesty in Council from any decision of the Full Court shall, within one month from the date of the deeree or order appealed frem, file a notice of appeal, and give bail in such sum, not exceeding 3007., as the Full Court may order, to answer the costs of the appeal. A form of notice of appeal will be found in the Appendix hereto, No. 36.
129. Notwithstanding the filing of the notice of appeal, the Full Court may, at any time before service of the inbibition, proceed to carry the decree or order appealed from into effect, provided that the party in whose favour it has been made gives bail to abide the event of the appeal, and to answer the costs thereof, in such sum as the Full Court may order.
* Rules 128-133 relate only to the proceedings to be taken in the Supreme Court of Hongkong. As to the Right of Appeal and the conditions attached to it see the Act 53 and 54 Vic. c. 27, s. 6.
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