Directory_and_Chronicle_1900 — Page 395

CODE OF CIVIL PROCEDURE-HONGKONG

Withdrawal and Adjustment of Suits

335

drawal with

Action.

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

mission.

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

to Registrar.

3.-Notice of such agreement, compromise, or satisfaction shall be Notice of given by the plaintiff, or in case an attorney shall be employed, by his Adjustment attorney, to the Registrar, together with such particulars as may be required of him, within one week after the same shall have been made an 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 verdict shall be recorded and judgment shall be entered up by the Registrar Judgment. 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 same is pronounced at the hearing of the application or suit.

Where Judg

ment delivered at Hearing.

Notice of Judgment.

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

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

Force and

money-

6.--When the suit is for a sum of money due to the plaintiff, the Decree for Court may, in the decree, order interest, at such rate as the Court may terest. 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.

Instalments.

7 —In all judgments for the payment of money, the Court may, for Payment by 7-In any sufficient reason, order that the amount shall be paid by instalments with or without Interest.

is allowed.

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 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.