KULES OF SUPREME COURT IN CHINA

399

173. Where an order directs any personal Property to be sold, it Sale of personal shall be sold by public auction under the superintendence of the Marshal, property. unless the Court shall otherwise direct.

174.—(1) On proof of great urgency or other peculiar circum- Urgent orders. stances, the Court may, if it thinks fit, before service of a writ of summons in an action, and without notice, make an order of injunction, or an order to sequester money or goods, or to stop the clearance of a vessel, or to hold to bail, or to attach property.

(2) Before making the order the Court shall require the person applying for it to enter into a recognizance, with or without a surety or sureties, as the Court thinks fit, as security for his being answerable in damages to the person against whom the order is sought.

(3) The order shall not remain in force more than twenty-four hours, and shall at the end of that time wholly cease to be in force, unless within that time an action is regularly brought by the person obtaining the order.

(4) The order shall be dealt with in the action as the Court thinks fit. 175.-(1) Where an action is brought for the recovery of a sum Orders to hold exceeding 51., and it is proved that the defendant is about to abscond to bail. for the purpose of defeating the plaintiff's claim, the Court may, if it thinks fit, order that he be arrested and delivered into safe custody to be kept until he gives bail or security with a surety or sureties in such sum, expressed in the order, as the Court thinks fit not exceeding the probable aniount of debt, or damages, and costs to be recovered in the action, that he will appear at any time when called on, while the action is pending, and until execution or satisfaction of any order made against him, and that, in default of appearance, he will pay any money and costs which he is ordered to pay in the action.

(2) The expenses incurred for the subsistence of the defendant while under arrest shall be paid by the plaintiffs in advance at such rate and in such amounts as the Court directs; and the total amount so paid may be recovered by the plaintiff in the action, unless the Court otherwise directs.

(3) The Court may at any time, on reasonable cause shown, discharge or vary the order.

(4) An order to hold to bail shall state the amount, including costs. for which bail is required.

(5) It shall be executed forthwith.

(6) The person arrested under it shall be entitled to be discharged from custody under it on bringing into Court the amount stated in the order to abide the event of such action as may be brought, or on entering into a recognizance, without or with a surety or sureties as the Court thinks fit, as security that he will abide by the orders of the Court in any action brought.

(7) He shall be liable to be detained in custody under the order for not more than seven days, if not sooner discharged; but the Court may from time to time, if it thinks fit, renew the order.

(8) No person, however, shall be kept in custody under any such

order and renewed order for a longer time than thirty days.

176(1) Where the order of the Court is one ordering some act to Orders other be done other than payment of money, there shall be indorsed on the than for pay- copy of it served on the person required to obey it a memorandum in the words or to the effect following:-

If you, the withiu-named A. B., neglect to obey this order within the time therein appointed, you will be liable to be arrested and your property may be sequestered.

(2) Where the person directed to do the act fails to do it according

ment of money

Share This Page