Directory_and_Chronicle_1898 — Page 385

Court may permit With- drawal with Liberty to bring fresh Action.

Imitation of Action.

Withdrawal without Per.

ission.

Disposal of Suit 17 Adjustment.

Notice of Adjustment to Registrar,

Delivery of Judgment.

Where Judg ment reserved.

Where Judg- arent delivered at Hearing. Notice of Judgment.

Minute thereof by Registrar-

Force and

Effect thereof.

328

CODE OF CIVIL PROCEDURE-HONGKONG

Withdrawal and Adjustment of Suits

LXVI.-If the plaintiff, at any time before final judgment. satisfy the Court that there are sufficient grounds for permitting him to withdraw from the suit with liberty to bring a fresh suit for the same matter, it shall be competent to the Court to grant such permission on such terms as to costs of otherwise as it may deem proper. In any such fresh su t, the plaintiff shall be bound by the rules for the limitation of accounts in the same manner as if the first suit had not been brought. If the plaintiff withdraw from the suit without such permission, he shall be precluded from bringing a fresh suit for the same matter.

2. If a suit shall be adjusted by mutual agreement or compromise, if the defendant satisfy the plaintiff in respect of the matter of the suit, such agreement, compromise, or satisfaction shall be recorded, and the suit shall be disposed of in accordance therewith.

3.-Notice such agreement, co promise, or satisfaction shall be given by the plaintiff, or in case an attorney shall be employed, by bis attorney, to the Registrar, together with such particulars as may be required of him, within one week after the same shall have bee, made an i in default thereof he shall be dermed 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 shal, be recor led au judgment shall be entered up by the Registrar as tue Court shall dir et; and when the case is tried by the Court without a jury the judgment shall be pronounced in open Court, unless the Court shall of erwise direct, or it may be read by the Registrar if so ordered.

2. If t e judgment of the Court is reserved at the bearing, parties to the suit shall be summoned to bear judgment, unless the Court at the hearing states the day on which judgmer t will be elivered, 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 ave notice of the judgment when pronounce .

5.-A minut of every judgment, whether final or interlocutory, -hall be made by the Registrar or a clerk of the Court, a d every such minute shall be a eerce of the Court, and shall have the full force and effect of a Formal Decree. formal decree: Provided always that the Court may order a formal decree

to be drawn up on the application of either party.

Decree for

money— Interest.

Payment by Instalments.

Where Set-off is allowed.

6. When the suit is for a sum of mo. ey 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 a judged from the date of the suit to the date of judgmeħt, 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 de endant 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 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 applicable to such payment.

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