Directory_and_Chronicle_1901 — Page 393

CODE OF CIVIL PROCEDURE-HONGKONG

Withdrawal and Adjustment of Suits

335

permit With-

LXVI. If the plaintiff, at any time before final judgment, satisfy Court may the Court that there are sufficient grounds for permitting him to withdraw drawal with from the suit with liberty to bring a fresh suit for the same matter, it Liberty to

bring fresh shall be competent to the Court to grant such permission on such terms Action. as to costs of 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 withdraw from the suit without such permission, he shall be precluded Withdrawal from bringing a fresh suit for the same matter.

Action.

without Per- 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.

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

to Registrar. attorney, to the Registrar, together with such particulars as may be required of him, within one week after the same shall have been made and 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

same is pronounced at the hearing of the application or suit.

Happ

Where Judg

ment delivered at Hearing.

Notice of

Judgment.

Minute thereof

by Registrar-

Effect thereof.

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

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

may,

money--

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