Application after 14 Days.
Jury may be demanded.
Court may order Jury.
Discovery of new Evidence. Improper
Adinission or Rejection of Evidence.
Proceedings
where Applica
308
CODE OF CIVIL PROCEDURE-HONGKONG
4. After the expiration of such fourteen days, application for such review, re-hearing, or new trial shall not be admitted, except by special lea e of the Court, on such terms a seem just.
5.-On an or ler for re-hearing or new trial, either party may demand a jury for the se ond trial, though the first was not with a jury.
6.-Th Court may, if it think fit, make it a condition of granting a re-hearing or new trial that the trial shall be with a jury.
7. The is overy of new matter or evidence which was not within the knowlege of the applicant, or could note addue by him at the trial, may be ground tor a new trial, but the improper admission or rejection of e idence shal not be a ground of itself for a new trial or revera of any judgment in any case, if it shall appear to the Court that, in epen- dently of the evidence objected to an admitted, there was sufficient evidence to justify the judgment, or that if the reje ted evidence had been receive it ought not to have varied the judgment.
8. When an apple a ion for a review of judgment, re-hearing, or tion is granted. new trial is granted, a note thereof shall be made in the register of suits, and the Court shall give such orde in regard thereto as it may deem proper in the cir umstan es of the case.
Examination
* of Judgment
Debtor.
Discovery of Property.
Production of Books and Documents.
Examination of other Witnesses,
Adjournment of hearing and Proc. edings there....n.
Interim Order for Protection of Property.
Decree for
Possession of immoveable Property.
PART III.
PROCEEDINGS TO ENFORCE THE DECREE-EXECUTION.
CHAPTER XI.
Investigation as to Property of Judgment Debtor.
LXIX.--Where a decree directing payment of money remains wholly or in pari unsatisfied (whether a writ of exe ution has issued or not) the person prosecuting the de ree may apply to the Court for a summons, equir- ing the person by whom payment is directe | to be ma e to appear and be examined respe‹ ting his ability to make the payment irected, and the Curt shall, unless it sees good reason to the contrary, issue such a summons.
2. On the a pearance of the person against whom the s inmons is issue, he may be examined on oath by or on beha f of the person prose ut- ing the decree, and by the Court, respe ting his ability to pay the money directed to be paid, and for the discovery of property app icable to such payment, and as to the disposal which he ma. have made o any property. 3. He shall be bound to produce on oath, or otherwise, ali books, papers, and documents in his possession or power re ating to property applicable to such payment.
-
4.-Whether the person summoned appears or not, the person pro- secuting the decree, and all other witnesses whom the Court thinks requisite, may be examined on oath or otherwise respecting the matters aforesaid.
5.- The Court may, if it thinks fit, adjourn the hearing of the sum- mons from time to time, and require from the person summone such security for his appearance at the adjourned hearing a seems fit, and in default of his finding security, may, by warrant, commit him to prison, there to r main ntil the adjourned hearing, unless sooner discharged,
6. The Court may, upon such investigation as aforesaid, make any interim order for the protection of any property applicable or available in discharge of the decree, as it shall think expedient.
Mode of Enforcing Decrees.
LXX. If the decree be for land or other immoveable property, the decree holder shall be put in possession thereof, if necessary, by the Sheriff or other officer executing the decree.
Page 350Page 351