698533-1873-Code-of-Civil-Procedure- — Page 26

THE HONGKOng governmENT GAZETTE, 4TH OCTOBER, 1873.

Court may have Reason to be dissatisfied with them, in which Case, the Court shall make such further Inquiry as may be requisite, and shall pass such ultimate Judgment or Order as may appear to it to be Right and proper in the Circumstances of the Case.

2. Whenever a Commission is issued for an Investigation into Expenses of Accounts, the Court, before issuing the Commission, may order Commission. such Sum as may be thought reasonable for the Expenses of the Commission to be paid into Court by the Party at whose In- stance or for whose Benefit the Commission is issued.

Incidental Powers.

LXV. The Court may at the Trial, without Consent of Par-Nonsuit, Ver- ties, direct a Nonsuit, or a Verdict for the Plaintiff or Defendant dict for Plain- tiff or Defend-

to be entered, or it may reserve any Point of Law, or direct ant--Special a Verdict subject to a special Case to be stated for the Opinion Case.

of the Court.

2. Every such Point of Law so reserved and every such Full Court. special Case shall be heard before the Full Court.

3. Every such special Case shall be settled by the Parties, Special Case and in Case of Difference by the Full Court.

4. The Court may order any Point of Law reserved to down for Argument without any previous Application,

5. The Court shall, upon Motion for a new Trial, have to order a Nonsuit or Verdict to be entered, although no has been reserved at the Trial,

Withdrawal and Adjustment of Suits.

how settled.

be set Setting down

for Argument. Power Nonsuit, &c. Leave where no Leave

reserved.

drawal with

LXVI. If the Plaintiff, at any Time before final Judgment, Court may satisfy the Court that there are sufficient Grounds for permitting permit With- him to withdraw from the Suit with Liberty to bring a fresli Liberty to Suit for the same Matter, it shall be competent to the Court to bring fresh grant such Permission on such Terms as to Costs or otherwise Action. as it may deem proper. In any such fresh Suit, the Plaintiff shall be bound by the Rules for the Limitation of Actions in the Limitation of same Manner as if the first Suit had not been brought. If the Action. Plaintiff withdraw from the Suit without such Permission, he Withdrawal shall be precluded from bringing a fresh Suit for the same without Per-

Matter.

mission.

2. If a Suit shall be adjusted by mutual Agreement or Com- Disposal of Suit promise, or if the Defendant satisfy the Plaintiff in respect of by Adjustment. the Matter of the Suit, such Agreement, Compromise, or Satis- faction shall be recorded, and the Suit shall be disposed of in accordance therewith.

3. Notice of such Agreement, Compromise, or Satisfaction Notice of Ad- shall be given by the Plaintiff, or in Case an Attorney shall be justment to employed, by his Attorney to the Registrar together with such Registrar. 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.

LXVII. When the Cause is tried by the Court with a Jury, Delivery of the Verdict shall be recorded and Judgment shall be entered Judgment. up by the Registrar as the Court shall direct; and when the Cause 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, Where Judg Parties to the Suit shall be summoned to hear Judgment, unless ment reserved. the Court at the Ilearing 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 Where Judg Judgment, if the same is pronounced at the Hearing of the ment delivered

at flearing. Application or Suit,

4. All Parties duly served with Notice to attend and hear Notice of Judgment shall be deemed to have Notice of the Judgment Judgment. when pronounced.

Force and

5. A Minute of every Judgment, whether final or interlocu- Minute thereof tory, shall be made by the Registrar, and every such Minute by Registrar- shall be a Decree of the Court, and shall have the full Forec Effect thereof. and Effect of a formal Decreo: Provided always that the Court' may order a formal Decree to be drawn up on the Application Formal Decree. of either Party.

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