1937_CODE_OF_CIVIL_PROCEDURE_ORDINANCE — Page 61

HK Historical Laws 香港歷史法例 All AI Reviewed

CODE OF CIVIL PROCEDURE.

No. 3 of 1901.

755

inquisition, is a party shall be set down for argument without party. 'the leave of the court.

(2) The application for such leave must be supported by sufficient evidence that the statements contained in such special case, so far as the same affect the interest of such married woman, infant or person of unsound mind, are true.

233. Either party may enter a special case for argument by delivering to the Registrar a memorandum of entry, but subject to the provisions of section 232.

234.(1) The parties to a special case may, if they think fit, enter into an agreement in writing (which shall not be subject to any stamp duty) that, on the judgment of the court being given in the affirmative or negative of the questions of law raised by the special case-

(a) a sum of money, fixed by the parties or to be ascertained by the court or in such manner as the court may direct, shall be paid by one of the parties to the other of them; or

(b) some property, movable or immovable, specified in the agreement shall be delivered by one of the parties to the other of them; or

(c) one or more of the parties shall do or perform, or shall refrain from doing or performing, some particular act specified in the agreement,

either with or without costs of the cause or matter or with the costs left to the discretion of the court.

(2) Where the agreement is for the delivery of some property, movable 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.

O. 34, r. 4.

Entry of special case for argument. O. 34, r. 5. Schedule. Form No. 23.

Agreement for payment of parties of money, etc., on decision of special case. H.K. Code, s. 88.

O. 34, r. 6.

235. Upon the decision of the court on such questions the 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 unless otherwise agreed or unless stayed on appeal. O. 34, r. 6.

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CODE OF CIVIL PROCEDURE. No. 3 of 1901. 755 inquisition, is a party shall be set down for argument without party. 'the leave of the court. (2) The application for such leave must be supported by sufficient evidence that the statements contained in such special case, so far as the same affect the interest of such married woman, infant or person of unsound mind, are true. 233. Either party may enter a special case for argument by delivering to the Registrar a memorandum of entry, but subject to the provisions of section 232. 234.(1) The parties to a special case may, if they think fit, enter into an agreement in writing (which shall not be subject to any stamp duty) that, on the judgment of the court being given in the affirmative or negative of the questions of law raised by the special case- (a) a sum of money, fixed by the parties or to be ascertained by the court or in such manner as the court may direct, shall be paid by one of the parties to the other of them; or (b) some property, movable or immovable, specified in the agreement shall be delivered by one of the parties to the other of them; or (c) one or more of the parties shall do or perform, or shall refrain from doing or performing, some particular act specified in the agreement, either with or without costs of the cause or matter or with the costs left to the discretion of the court. (2) Where the agreement is for the delivery of some property, movable 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. O. 34, r. 4. Entry of special case for argument. O. 34, r. 5. Schedule. Form No. 23. Agreement for payment of parties of money, etc., on decision of special case. H.K. Code, s. 88. O. 34, r. 6. 235. Upon the decision of the court on such questions the 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 unless otherwise agreed or unless stayed on appeal. O. 34, r. 6.
Baseline (Original)
+ CODE OF CIVIL PROCEDURE. No. 3 of 1901. 755 inquisition, is a party shall be set down for argument without party. 'the leave of the court. (2) The application for such leave must be supported by sufficient evidence that the statements contained in such special case, so far as the same affect the interest of such married woman, infant or person of unsound mind, are true. 233. Either party may enter a special case for argument by delivering to the Registrar a memorandum of entry, but subject to the provisions of section 232. 234.(1) The parties to a special case may, if they think fit, enter into an agreement in writing (which shall not be subject to any stamp duty) that, on the judgment of the court being given in the affirmative or negative of the questions of law raised by the special case- (a) a sum of money, fixed by the parties or to be ascertained by the court or in such manner as the court may direct, shall be paid by one of the parties to the other of them; or (b) some property, movable or immovable, specified in the agreement shall be delivered by one of the parties to the other of them; or (c) one or more of the parties shall do or perform, or shall refrain from doing or performing, some particular act specified in the agreement, either with or without costs of the cause or matter or with the costs left to the discretion of the court. (2) Where the agreement is for the delivery of some property, movable 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. 0. 34, r. 4. Entry of special case for argument. O. 34, r. 5. Schedule. Form No. 23. Agreement for payment of parties of money, etc., on decision of special case. H.K. Code, s. 88. 0. 34, r. 6. execution on 235. Upon the decision of the court on such questions the Judgment judgment of the court may be entered accordingly, with or with- and out costs as the case may be, and execution may issue upon decision. such judgment forthwith unless otherwise agreed or unless stayed O. 34, r. 6. on appeal.
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CODE OF CIVIL PROCEDURE.

No. 3 of 1901.

755

inquisition, is a party shall be set down for argument without party. 'the leave of the court.

(2) The application for such leave must be supported by sufficient evidence that the statements contained in such special case, so far as the same affect the interest of such married woman, infant or person of unsound mind, are true.

233. Either party may enter a special case for argument by delivering to the Registrar a memorandum of entry, but subject to the provisions of section 232.

234.(1) The parties to a special case may, if they think fit, enter into an agreement in writing (which shall not be subject to any stamp duty) that, on the judgment of the court being given in the affirmative or negative of the questions of law raised by the special case-

(a) a sum of money, fixed by the parties or to be ascertained by the court or in such manner as the court may direct, shall be paid by one of the parties to the other of them; or

(b) some property, movable or immovable, specified in the agreement shall be delivered by one of the parties to the other of them; or

(c) one or more of the parties shall do or perform, or shall refrain from doing or performing, some particular act specified in the agreement,

either with or without costs of the cause or matter or with the costs left to the discretion of the court.

(2) Where the agreement is for the delivery of some property, movable 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.

0. 34, r. 4.

Entry of special case for argument. O. 34, r. 5. Schedule. Form No. 23.

Agreement for payment of parties of money, etc., on

decision of special case. H.K. Code,

s. 88.

0. 34, r. 6.

execution on

235. Upon the decision of the court on such questions the Judgment judgment of the court may be entered accordingly, with or with- and out costs as the case may be, and execution may issue upon decision. such judgment forthwith unless otherwise agreed or unless stayed O. 34, r. 6. on appeal.

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