1912_CODE_OF_CIVIL_PROCEDURE — Page 71

HK Historical Laws 香港歷史法例 All AI Reviewed

1202

Power of the Court to direct non-suit, etc.

H. K. Code, s. 65 (1)-(4).

Withdrawal of plaintiff from action

[ib. s. 66 (1).]

Settlement

mutual

No. 3 of 1901.

CODE OF CIVIL PROCEDURE.

circumstances under which the libel or slander was published or as to the character of the plaintiff, without the leave of the Court, unless he has, 7 days at least before the trial, furnished particulars to the plaintiff of the matters as to which he intends to give evidence.

Incidental Powers of the Court.

315.—(1) The Court may at the trial, without the consent of parties, direct a non-suit or judgment for the plaintiff or defendant to be entered, or it may reserve any point of law, or direct judgment to be entered subject to a special case to be stated for the opinion of the Court.

(2) Every such point of law so reserved and every such special case shall be heard before the Full Court.

(3) The Court may order any such point of law so reserved to be set down for argument without any previous application.

(4) The provisions of Chapter VIII shall, with the necessary modifications, apply to every such special case.

Withdrawal from and Settlement of Action.

316.-(1) If the plaintiff at any time before final judgment, satisfies the Court that there are sufficient grounds for permitting him to withdraw from the action, with liberty to bring a fresh action for the same cause of action, it shall be competent to the Court to grant such permission, on such terms as to costs or otherwise as may seem just.

(2) In any such fresh action the plaintiff shall be bound by the rules for the limitation of actions in the same manner as if the first action had not been brought.

(3) If the plaintiff withdraws from the action without such permission, he shall be precluded from bringing a fresh action for the same cause of action.

317.—(1) If an action is settled by mutual agreement or compromise, or if the defendant satisfies the plaintiff in respect of the subject-matter of the action, the agreement, compromise, or satisfaction shall be recorded, and the action shall be disposed of in accordance therewith.

agreement, etc.

[ib. s. 66 (2), (3).]

(2) Notice of such agreement, compromise, or satisfaction shall be given by the plaintiff, or, if a solicitor is employed, by his solicitor,

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1202 Power of the Court to direct non-suit, etc. H. K. Code, s. 65 (1)-(4). Withdrawal of plaintiff from action [ib. s. 66 (1).] Settlement mutual No. 3 of 1901. CODE OF CIVIL PROCEDURE. circumstances under which the libel or slander was published or as to the character of the plaintiff, without the leave of the Court, unless he has, 7 days at least before the trial, furnished particulars to the plaintiff of the matters as to which he intends to give evidence. Incidental Powers of the Court. 315.—(1) The Court may at the trial, without the consent of parties, direct a non-suit or judgment for the plaintiff or defendant to be entered, or it may reserve any point of law, or direct judgment to be entered subject to a special case to be stated for the opinion of the Court. (2) Every such point of law so reserved and every such special case shall be heard before the Full Court. (3) The Court may order any such point of law so reserved to be set down for argument without any previous application. (4) The provisions of Chapter VIII shall, with the necessary modifications, apply to every such special case. Withdrawal from and Settlement of Action. 316.-(1) If the plaintiff at any time before final judgment, satisfies the Court that there are sufficient grounds for permitting him to withdraw from the action, with liberty to bring a fresh action for the same cause of action, it shall be competent to the Court to grant such permission, on such terms as to costs or otherwise as may seem just. (2) In any such fresh action the plaintiff shall be bound by the rules for the limitation of actions in the same manner as if the first action had not been brought. (3) If the plaintiff withdraws from the action without such permission, he shall be precluded from bringing a fresh action for the same cause of action. 317.—(1) If an action is settled by mutual agreement or compromise, or if the defendant satisfies the plaintiff in respect of the subject-matter of the action, the agreement, compromise, or satisfaction shall be recorded, and the action shall be disposed of in accordance therewith. agreement, etc. [ib. s. 66 (2), (3).] (2) Notice of such agreement, compromise, or satisfaction shall be given by the plaintiff, or, if a solicitor is employed, by his solicitor,
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1202 Power of the Court to direct non- suit, etc. H. K. Code, s. 65 (1)-(4). Withdrawal of plaintiff from action [ib. s. 66 (1).] Settlement mutual No. 3 of 1901. CODE OF CIVIL PROCEDURE. circumstances under which the libel or slander was published or as to the character of the plaintiff, without the leave of the Court, unless he has, 7 days at least before the trial, furnished particulars to the plaintiff of the matters as to which he intends to give evidence. Incidental Powers of the Court. 315.—(1) The Court may at the trial, without the consent of parties, direct a non-suit or judgment for the plaintiff or defendant to be entered, or it may reserve any point of law, or direct judgment to be entered subject to a special case to be stated for the opinion of the Court. (2) Every such point of law so reserved and every such special case shall be heard before the Full Court. (3) The Court may order any such point of law so reserved to be set down for argument without any previous application. (4) The provisions of Chapter VIII shall, with the necessary modifications, apply to every such special case. Withdrawal from and Settlement of Action. 316.-(1) If the plaintiff at any time before final judgment, satisfies the Court that there are sufficient grounds for permitting him to withdraw from the action, with liberty to bring a fresh action for the same cause of action, it shall be competent to the Court to grant such permission, on such terms as to costs or otherwise as may seem just. (2) In any such fresh action the plaintiff shall be bound by the rules for the limitation of actions in the same manner as if the first action had not been brought. (3) If the plaintiff withdraws from the action without such per- mission, he shall be precluded from bringing a fresh action for the same cause of action. 317.—(1) If an action is settled by mutual agreement or com- of action by promise or if the defendant satisfies the plaintiff in respect of the subject-matter of the action, the agreement, compromise, or satisfac- tion shall be recorded, and the action shall be disposed of in accord- ance therewith. agreement, etc. [ib. s. 66 (2), (8).] (2) Notice of such agreement, compromise, or satisfaction shall be given by the plaintiff, or, if a solicitor is employed, by his solicitor,
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1202

Power of the Court to direct non- suit, etc.

H. K. Code, s. 65 (1)-(4).

Withdrawal of plaintiff from action

[ib. s. 66 (1).]

Settlement

mutual

No. 3 of 1901.

CODE OF CIVIL PROCEDURE.

circumstances under which the libel or slander was published or as to the character of the plaintiff, without the leave of the Court, unless he has, 7 days at least before the trial, furnished particulars to the plaintiff of the matters as to which he intends to give evidence.

Incidental Powers of the Court.

315.—(1) The Court may at the trial, without the consent of parties, direct a non-suit or judgment for the plaintiff or defendant to be entered, or it may reserve any point of law, or direct judgment to be entered subject to a special case to be stated for the opinion of the Court.

(2) Every such point of law so reserved and every such special case shall be heard before the Full Court.

(3) The Court may order any such point of law so reserved to be set down for argument without any previous application.

(4) The provisions of Chapter VIII shall, with the necessary modifications, apply to every such special case.

Withdrawal from and Settlement of Action.

316.-(1) If the plaintiff at any time before final judgment, satisfies the Court that there are sufficient grounds for permitting him to withdraw from the action, with liberty to bring a fresh action for the same cause of action, it shall be competent to the Court to grant such permission, on such terms as to costs or otherwise as may seem just.

(2) In any such fresh action the plaintiff shall be bound by the rules for the limitation of actions in the same manner as if the first action had not been brought.

(3) If the plaintiff withdraws from the action without such per- mission, he shall be precluded from bringing a fresh action for the same cause of action.

317.—(1) If an action is settled by mutual agreement or com- of action by promise or if the defendant satisfies the plaintiff in respect of the subject-matter of the action, the agreement, compromise, or satisfac- tion shall be recorded, and the action shall be disposed of in accord- ance therewith.

agreement,

etc.

[ib. s. 66 (2), (8).]

(2) Notice of such agreement, compromise, or satisfaction shall be given by the plaintiff, or, if a solicitor is employed, by his solicitor,

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