1274
0.39 r. 8.
Power, to order new
No. 3 of 1901.
CODE OF CIVIL PROCEDURE.
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.
trial on any
ib. r. 7.
Power to order non-suit, etc.
H. K. Code, s. 65 (5).
Order for new trial, etc.
Costs of first trial where new trial ordered.
Right to jury on second trial.
600. On any motion for a new trial, the Full Court shall have power to order a nonsuit or verdict to be entered, although no leave has been reserved at the trial.
601. In every order for a new trial or to enter a nonsuit or verdict, the grounds on which the order has been made shall be shortly stated therein.
602. When a new trial is granted on the ground that the verdict was against evidence, the costs of the first trial shall abide the event, unless the Full Court otherwise orders.
603.—(1) On an order for a new trial, either party may, if he is entitled thereto under the provisions of Chapter XI, demand a jury for the second trial, though the first was without a jury.
(2) The Full Court may, if it thinks fit, make it a condition of granting a new trial, that the trial shall be with a jury.
(6).] Recording of grant of application for new trial. [ib. s. 68 (8).]
Restriction on right of appeal.
[36 & 37 Vict. c. 66 s. 49.]
Limit of time for appealing from decision; security for costs.
Q. 58 r. 15.
604. When an application for a new trial is granted, a note thereof shall be made in the Cause Book, and the Full Court shall give such order in regard thereto as it may deem proper in the circumstances of the case.
605. No order made by the Court by the consent of parties or as to costs only, which by law are left to the discretion of the Court, shall be subject to any appeal, except by leave of the Court.
606.—(1) No appeal to the Full Court from any decision of the Court shall, except by special leave of the Full Court, be brought after the expiration of 6 months.
1274
0.39 r. 8.
Power, to
order new
No. 3 of 1901.
CODE OF CIVIL PROCEDURE.
thereby occasioned in the trial; and if it appears to the Court that such wrong or miscarriage affects part only of the matter in con- troversy, 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 one question. or decision on any other question.
trial on any
ib. r. 7.
Power to
order non-
suit, etc.
H. K. Code, s. 65 (5).
Order for new trial, etc.
Costs of first
trial where
new trial
ordered.
Right to jury on second trial.
600. On any motion for a new trial, the Full Court shall have power to order a nonsuit or verdict to be entered, although no leave has been reserved at the trial.
601. In every order for a new trial or to enter a nonsuit or verdict, the grounds on which the order has been made shall be shortly stated therein.
602. When a new trial is granted on the ground that the verdict was against evidence, the costs of the first trial shall abide the event, unless the Full Court otherwise orders.
603.--(1) On an order for a new trial, either party may, if he is entitled thereto under the provisions of Chapter XI, demand a fib. s. 68 (5), jury for the second trial, though the first was without a jury.
(6).]
Recording of grant of application for new trial. [ib. s. 68 (8).]
Restriction on right of appeal.
[36 & 37 Vict. c. 66 s. 49.]
Limit of time
for appealing from deci-
sion; security for costs.
Q. 58 r. 15.
(2) The Full Court may, if it thinks fit, make it a condition of granting a new trial, that the trial shall be with a jury.
604. When an application for a new trial is granted, a note thereof shall be made in the Cause Book, and the Full Court shall give such order in regard thereto as it may deem proper in the circumstances of the case.
605. No order made by the Court by the consent of parties or as to costs only, which by law are left to the discretion of the Court, shall be subject to any appeal, except by leave of the Court.
606.—(1) No appeal to the Full Court from any decision of the Court shall, except by special leave of the Full Court, be brought after the expiration of 6 months.
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