Repeatedly
772
new trial to
be heard by the Full Court. Jud. Act, 1890, s. 1.
02. 36/1 §22
General
power to
order new trial. H. K. Code, s. 68 (1.) Application
for new trial. Ib. s. 68 (2.)-
(4.)
0.39 r. 3.
Grounds for granting or refusing new trial.
H. K. Code, s. 68 (7.) 0.39 r. 6.
lb. r. 8.
Power to
order new
trial on any
one question.
Ib. s. 7.
No. 3.] THE ORDINANCES OF HONGKONG: [A.D. 1901
any cause or matter in which there has been a trial thereof or of issue therein with a jury shall be heard and determined by the Full Court and not by the Court.
(2) This section shall extend to every such motion of which notice may
have been given, whether before or after the commencement of this Code, but which has not been heard before the commencement of this Code.
596. The Full Court may in any cause or matter, on such terms as may seem just, order a new trial, with or without a stay of proceedings.
597.-(1.) Any application for a new trial shall be made on notice of motion filed not later than fourteen days after the date of the verdict and no rule nisi, order to show cause, or formal proceeding other than such notice of motion shall be made or taken.
(2.) The notice shall state the grounds of the application and whether all or part only of the judgment or verdict is complained of.
(3.) The notice shall not of itself operate as a stay of proceedings but any money in Court in the cause or matter shall be retained to abide the result of the motion or the further order of the Full Court.
(4.) After the expiration of such fourteen days, an application for such new trial shall not be admitted, except by special leave of the Full Court, on such terms as may seem just.
598.—(1.) A new trial may be granted on the ground of the discovery of new matter or evidence which was not within the knowledge of the applicant, or could not have been adduced by him, at the trial.
(2.) A new trial shall not be granted on the ground of misdirection or of the improper admission or rejection of evidence, or because the verdict of the jury was not taken upon a question which the Court at the trial was not asked to leave to them, unless in the opinion of the Full Court some substantial wrong or miscarriage has been thereby occasioned in the trial; and if it appears to the Court that such wrong or miscarriage affects part only of the matter in controversy or some or one only of the parties, the Full Court may give final judgment as to part thereof or as to some or one only of the parties, and direct a new trial as to the other part only or as to the other party or parties.
(3.) A new trial shall not be granted by reason of the ruling of the Court that the stamp upon any document is sufficient or that the document does not require a stamp.
?
599. A new trial may be ordered on any question, whatever may be the grounds for the new trial, without interfering with the finding or decision on any other question.
Repeatedly
772
new trial to
be heard by the Full Court. Jud. Act, 1890, s. 1.
02. 36/1 §22
General
power to
order new trial. H. K. Code, 8. 68 (1.) Application
for new trial. Ib. s. 68 (2.)-
(4.)
0.39 r. 3.
Grounds for granting or refusing new trial.
H. K. Code, 8. 68 (7.) 0.39 r. 6.
lb. r. 8.
Power to
order new
trial on any
one question.
Ib. x. 7.
No. 3.] THE ORDINANCES OF HONGKONG: [A.D. 1901
any cause or matter in which there has been a trial thereof or of issue therein with a jury shall be heard and determined by the Fan Court and not by the Court.
(2) This section shall extend to every such motion of which noti may
have been given, whether before or after the commencement of thi Code, but which has not been heard before the commencement of thi ..Code.
596. The Full Court may in any cause or matter, on such terms may seem just, order a new trial, with or without a stay of proceed ings.
597.-(1.) Any application for a new trial shall be made on notice of motion filed not later than fourteen days after the date of the verdict and no rule nisi, order to show cause, or formal proceeding other than such notice of motion shall be made or taken.
(2.) The notice shall state the grounds of the application and whether all or part only of the judgment or verdict is complained of.
(3.) The notice shall not of itself operate as a stay of proceedings but any money in Court in the cause or matter shall be retained to abide the result of the motion or the further order of the Full Court.
(4.) After the expiration of such fourteen days, an application for such new trial shall not be admitted, except by special leave of the Full Court, on such terms as may seem just.
598.—(1.) A new trial may be granted on the ground of the dis covery of new matter or evidence which was not within the knowledge of the applicant, or could not have been adduced by him, at the trial.
(2.) A new trial shall not be granted on the ground of misdirection or of the improper admission or rejection of evidence, or because the verdict of the jury was not taken upon a question which the Court at the trial was not asked to leave to them, unless in the opinion of the Full Court some substantial wrong or miscarriage has been thereby occasioned in the trial; and if it appears to the Court that such wrong or miscarriage affects part only of the matter in controversy or some or one only of the parties, the Full Court may give final judgment as to part thereof or as to some or one only of the parties, and direct a new trial as to the other part only or as to the other party or parties.
(3.) A new trial shall not be granted by reason of the ruling of the Court that the stamp upon any document is sufficient or that the doou ment does not require a stamp.
?
599. A new trial may be ordered on any question, whatever may be the grounds for the new trial, without interfering with the finding or decision on any other question.
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