Directory_and_Chronicle_1891 — Page 186

Delivery of Judgment.

Where Judg- ment reserved.

Where Judg.

ment delivered at Hearing.

Notice of Judgment.

Minute thereof

by Registrar- ect thereof.

Force and

Formal Decree.

Decree for Money- Interest.

Payment by Instalments.

Where Set-off ta allowed.

Decree to be

136

CODE OF CIVIL PROCEDURE-HONGKONG.

required of him, within one week after the same shall have been made, and in default thereof be shall be deemed guilty of a contempt of Court.

CHAPTER X.-JUDGMENT AND DECREE.

LXVII. When the cause is tried by the Court with a jury, the verdict shall be recorded and judgment shall be entered up by the Registrar as the Court shall direct; and when the cause is tried by the Court without a jury the judgment shall be pronounced in open Court, unless the Court shall otherwise direct, or it may be read by the Registrar if so ordered.

2. If the judgment of the Court is reserved at the hearing, parties to the suit shall be summoned to hear judgment, 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.

3.--All parties shall be deemed to have notice of any judgment, if the same is pronounced at the hearing of the application or suit.

4. All parties duly served with notice to attend and hear judgment shall be deemed to have notice of the judgment when pronounced.

5.-A minute of every judgment, whether final or interlocutory, shall be made by the Registrar, and every such minute shall be a decree of the Court, and shall have the full force and effect of a formal decree: Pro- vided always that the Court may order a formal decree to be drawn up on the application of either party.

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 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 cost 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 sun 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 do any obeyed without other act, is bound to obey the decree or order without any demand for

payment or performance.

Demand.

Written Judgment

to be filed.

General Powers of the Court.

Application for Review by Notice of Motion.

Such Notice no

10.--Whenever the Court shall delivera written judgment the original, or a copy thereof signed by the judge, shall be filed in the suit or other proceeding.

Review of Judgment—Re-hearing-New Trial.

LXVIII. The Court may in any case, on such terms as seem just, review any judgment, or order a re-hearing or new trial, with or without a stay of proceedings.

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 proceedings; Stay of Pro. but any money in Court in the suit shall be retained to abide the result Money in Court, of the motion or the further order of the Court.

ceedings-