1901_CODE_OF_CIVIL_PROCEDURE — Page 48

A.D. 1901.]

CODE OF CIVIL PROCEDURE.

[No. 3.

699

(2.) Where the agreement is for the delivery of some property, mov- able or immovable, or for the doing or performing or the refraining from doing or performing some particular act, the estimated value of the property to be delivered, or to which the act specified has reference, shall be stated in the agreement.

and execu-

tion on deci-

240. Upon the finding of the Court on such questions the judgment Judgment of the Court may be entered accordingly, with or without costs, as the case may be, and execution may issue upon such judgment forthwith, sion. unless otherwise agreed, or unless the Court otherwise orders for the purpose of giving either party an opportunity for moving to set aside the finding or for a new trial.

0. 34 r. 11.

Tb. r. 12.

241. The proceedings upon any such issue may be recorded at the Record of instance of either party, and the judgment, whether actually recorded proceedings. or not, shall have the same effect as any other judgment in a contested action.

CHAPTER X.

INTERLOCUTORY PROCEEDINGS.

Interlocutory Application.

242.—(1.) Interlocutory applications may be made at any stage of Modes of an action or other proceeding.

making inter- locutory ap-

(2.) They shall be made either by motion in Court or by summons in plication. Chambers, and shall be entitled in the action or other proceeding.

(3.) Subject to the provisions of this Code and to any general rules or orders of the Court, the Court shall in each case decide whether the application is a proper one to be made by motion in Court or by sum- mons in Chambers, and may, at or before the hearing, if it thinks fit, remove the same into Court or into Chambers, as the case may be..

(4.) In every motion or summons the statute and the particular pro- visions thereof, if any, under which it is brought shall be stated in the margin.

Motion.

243. Any party to an action or other proceeding who desires to move the Court for an order shall file in the Registry a written motion-paper distinctly stating the terms of the order asked for.

244. The motion may in its terms ask for an order directing more than one thing to be done, and may also be in an alternative form, asking that one or another order be made, so only that the whole order asked for be therein substantially expressed.

H. K.. Code, 8. 42.

Filing of mo- 76. s. 43 (1.)

tion-paper.

Schedule: Form No. 24.-

Terms of

s. 43 (2.)

motion.

245. If the motion-paper contains any matter by way of argument Amendment or other matter except the proper particulars of the motion itself, the of motion-