Directory_and_Chronicle_1898 — Page 298

IN CHINA AND JAPAN

241

All parties duly served with notice to attend and hear judgment shall be ceemed to have notice of the judgment when prouounced.

judgment.

98. A minute of every judgment, whether final or interlocutory, shall Minute be uade, on which the decree or order may be drawn up on the application of any of the parties.

Special Case

99. Any decision or judgment may be given, or verdict taken, subject Decision, judg to a special case to be stated for the opinion of the Supreme Court.

Rehearing.-New Trial

190. The Court may, in any case, on such terms as seem just, order a rehearing or new trial, with a stay of proceedings.

101. An application for a new trial may be made and determined on the day of hearing, if all parties are present, or on notice of motion, filed not later than 14 days after the hearing.

Such notice shall not of itself operate as a stay of proceedings; but any money in Court in the suit shall be retained to abide the result of the motion or the further order of the Court.

After the expiration of such 14 days, an application for a new trial shall not be admitted, except by special leave of the Court, on such terms as seem just.

ment, or verdict subject to special

Chao.

General power

of Court as to

rehearing or

new trial.

Time for application for new trial,

102. On an order for rehearing or new trial, either party may demand Jary may be a jury for the second trial, though the first was not with a jury.

demanded un new trial.

103. The Court may, if it thinks fit, make it a condition of granting Court may

a rehearing or new trial that the trial shall be with a jury.

order jury.

104. Where the Supreme Court, on appeal from a Court where trial on appeal jury with a jury can be had, thinks fit to direct a rehearing in the Court below, may be orderd it may direct that the second trial shall be with a jury.

Decrees and Orders

on second trial.

105. A decree or order shall bear date of the day on which the decision. Date of decree or judgment on which the decree or order is founded, is pronounced.

or order.

106. Decrees and orders shall be drawn up in form only on the Drawing up of application of some party to the suit, and shall then be passed, certified decree or order. by the seal of the Court, and entered, and shall then form part of the

record.

No decree or order shall be enforced or appealed from, nor shall any copy thereof be granted, until it has been so drawn up, passed, and entered.

107. Any party to the suit is entitled to obtain a copy of a decree or Certified copies. order, when drawn up, passed, and entered, such copy to be certified under the seal of the Court.

108. Where an order is made ex parte, a certified copy of the affidavit Er parte ordets, or deposition on which the order is granted must be served on the party affected by the order, together with the order.

time in decree or order.

de

109. Where in any suit or matter a decree or order directs any person Statement of to pay money or do any other act, the same or some subsequent decree or order shall state the precise time within which the payment or other act is to be made or done, reckoned from the date or from the service of the decree or order in which the time is stated, or from some other point of time, as seems fit.

110. A decree or order may direct the payment to be made, or act to Immediate be done, immediately after service of the decree or order, if, under special payment. circumstances, the Court thinks fit so to direct.

on decrce or

111. Where the decree or order is one directing payment of money, Indorsement there shall be indorsed on the copy of it served on the person required to order for money obey it a memorandum in the words, or to the effect, following:

"If you, the within-named A.B., neglect to obey this decree [or "order] by the time therein limited, you will be liable to have

Digitized by

100g e

payment.