1264
No. 3 of 1901.
O. 39, r. 8.
Power to order new trial on any
CODE OF CIVIL PROCEDURE.
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.
O. 39, r. 7.
Power to
600. On any motion for a new trial, the Full Court shall have power to order a nonsuit or verdict to be entered, H. K. Code, although no leave has been reserved at the trial.
order nonsuit, etc.
s. 65 (5).
Order for
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.
Costs of first trial where
new trial ordered.
Right to jury
on second trial.
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, H. K. Code, demand a jury for the second trial, though the first was s. 68 (5), (6). without a jury.
Recording of grant of application
for new trial. H. K. Code,
s. 68 (8).
Restriction on right of "appeal.
36 & 37 Vict. 'c. 66, s. 49.
(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.
:
1264
No. 3 of 1901.
0. 39, r. 8.
Power to order new trial on any
CODE OF CIVIL PROCEDURE.
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, what- ever may be the grounds for the new trial, without interfer- one question. ing with the finding or decision on any other question.
0. 39, r. 7.
Power to
600. On any motion for a new trial, the Full Court shall have power to order a nonsuit or verdict to be entered, H. K. Code, although no leave has been reserved at the trial.
order non- suit, etc.
s. 65 (5).
Order for
601. In every order for a new trial or to enter a nonsuit new trial, etc. or verdict, the grounds on which the order has been made
shall be shortly stated therein..
Costs of first trial where
new trial ordered.
Right to jury
on second trial.
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, H. K. Code, demand a jury for the second trial, though the first was s. 68 (5), (6). without a jury.
Recording of grant of application
for new trial. H. K. Code,
s. 68 (8).
Restriction on right of "appeal.
36 & 37 Vict. 'c. 66, s. 49.
(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.
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