CODE OF CIVIL PROCEDURE.
No. 3 of 1901.
849
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.
trial where new trial ordered.
Right to second jury on trial.
H.K. Code, s. 68 (5), (6).
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 six months.
trial.. H.K. Code, s. 68 (8).
Restriction on appeals. -16 & 16 Geo.
5, c. 49,
s. 31 (1) (h).
Limit of time for appeals: security for costs.
(2) The period of six months shall be calculated from the time when the decision was pronounced.
(3) Such deposit or other security for the costs to be occasioned by an appeal shall be made or given as may be directed in special circumstances by the Full Court.
607.-(1) Every appeal to the Full Court from a decision of the court shall be by way of re-hearing and shall be brought by notice of motion in a summary way, and no petition, case on motion, or other formal proceeding, other than such notice of motion, shall be necessary.
(2) The appellant may by the notice of motion appeal from the whole or any part of any decision, and the notice of motion shall state whether the whole or part only of such decision is complained of, and in the latter case shall specify such part.
O. 58, r. 1.
Page 155
Page 156
CODE OF CIVIL PROCEDURE.
No. 3 of 1901.
849
602. When a new trial is granted on the ground that the Costs of first 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.
trial where new trial ordered.
Right to second jury on trial.
H.K. Code, s. 68 (5), (6).
604. When an application for a new trial is granted a Recording note thereof shall be made in the Cause-Book and the Full of grant of application Court shall give such order in regard thereto as it may deem for new 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 the court.
of
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 six months.
trial.. H.K. Code, 8. 68 (8).
Restriction on appeals. -16 & 16 Geo.
5, c. 49,
s. 31 (1) (h).
Limit of
time for appeals: security for costs.
(2) The period of six months shall be calculated from the 0. 58, r. 15. time when the decision was pronounced.
•
(3) Such deposit or other security for the costs to be occa- sioned by an appeal shall be made or given as may be directed in special circumstances by the Full Court.
607.-(1) Every appeal to the Full Court from a decision Appeal
to be by of the court shall be by way of re-hearing and shall be brought by notice of motion in a summary way, and no petition, case on motion. or other formal proceeding, other than such notice of motion, shall be necessary.
(2) The appellant may by the notice of motion appeal from the whole or any part of any decision, and the notice of motion. shall state whether the whole or part only of such decision is complained of, and in the latter case shall specify such part.
'0. 58, r. 1.
Page 155Page 156
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