Directory_and_Chronicle_1892 — Page 366

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CODE OF CIVIL PROCEDURE-HONG KONG

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equired of him, within one week after the same shall have been made, ni in default thereof he 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 Delivery of Judgment. rerdict shal. be recor led and judgment shall be entered up by the Registrar as tue Court shall direct; and when the case 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 bearing, parties Where Judg to the suit shall be summoned to hear judgment, unless the Court at the ment reserved. 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 where Judg. same is pronounced at the hearing of the application or suit.

ment delivered at Hearing.

4. All parties duly served with notice to attend and hear judgment Notice of shall be deemed to have notice of the judgment when pronounce 1.

Judgment.

Force and

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

money

6.—When the suit is for a sum of money due to the plaintiff, the Decree for Court may, in the decree, or ler interest, at such rate as the Court may Interest. think proper, to be paid on the principal sum a judged from the date of the suit to the date of ju gmeut, 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 a ljudge 1 and on th· 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 Payment by any sufficient reason, order that the amount shall be paid by instalments Instalments. with or without interest.

8. If the de endant shall have been allowed to set-off any demand Where Set-off against the claim of the plaintiff the judgment shall state what amount is allowed. is due to the plaintiff and what amount. (if any) is due to the defendant, and shall be for the recovery of any sum 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.

obeyed without

9.-A person directed by a decree or order to pay money, or do any Decree to be other act, is bound to obey the decree or order without any demand for Demand. payment or performance.

Judgment

10.—Whenever the Court shall deliver a written judgment the original, Written or a copy thereof signed by the julge, shall be filed in the suit or other to be led. proceeding.

of the Court.

Review of Judgment-Re-hearing-New Trial. LXVIII.—The Corrt may in any case, on such terms as seem just, General Powers 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 Application for new trial must be made on notice of motion filed not later than fourteen Notice of days after such decision or hearing or verdict.

Review by

Motion.

Stay of Pro-

3. Such notice shall not of itself operate as a stay of proceedings; Such Notice no but any money in Court in the suit shall be retained to abide the result ceedings of the motion or the further order of the Court.

Money in Court.