Directory_and_Chronicle_1893 — Page 349

CODE OF CIVIL PROCEDURE—HONG KONG

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

CHAPTER X.-Judgment and Decree.

Judgment.

LXVII. When the cause is tried by the Court with a jury, the Delivery of verdict shall be recorded and judgment shall be entered up by the Registrar as the 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 hearing, 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 by Registrar- Court, and shall have 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.

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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 jugment, 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 Payment by any sufficient reason, order that the amount shall be paid by instalments Instalments. with or without interest.

8.-If the defendant 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, an 1 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.

9. A person directed by a decree or order to pay money, or do any Decree to be

obeyed without other act, is bound to obey the decree or order without any demand for Demand. payment or performance.

10. Whenever the Court shall deliver a written judgment the original, Written

Judgment or a copy thereof signed by the ju 'ge, shall be filed in the suit or other to be filed. proceeding.

Review of Judgment-Re-hearing-New Trial. LXVIII.-The Corrt may in any case, on such terms as seem just, General Powers review any judgme: t, or order a re-hearing or new trial, with or without a stay of proceedings.

of the Court.

Review by

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.

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.