CODE OF CIVIL PROCEDURE.

No. 3 of 1901.

785

tion has issued or not) the judgment creditor may apply to the court for a summons requiring the judgment debtor to appear before the court and be examined respecting his ability to make the payment directed; and the court shall, unless it sees good reason to the contrary, issue such summons.

(2) On the appearance of the judgment debtor he may be examined upon oath by or on behalf of the judgment creditor, and by the court, with respect to his ability to make the payment directed, and for the discovery of property applicable to such payment, and as to the disposal which he may have made of any property.

(3) The judgment debtor shall be bound to produce, upon oath or otherwise as the court may think fit, all books, papers and documents in his possession or power relating to property applicable to such payment.

(4) Whether the judgment debtor so appears or not, the judgment creditor and all other witnesses whom the court thinks requisite may be examined upon oath or otherwise, as the court may think fit, respecting the matters aforesaid.

(5) The court may, if it thinks fit, adjourn the hearing of the summons from time to time and require from the judgment debtor such security for his appearance at the adjourned hearing as may seem proper and in default of his finding security may, by warrant, commit him to prison, there to remain until the adjourned hearing unless sooner discharged.

(6) The court may on such investigation as aforesaid make an interim order for the protection of any property applicable to the payment directed as it may think expedient.

Modes of enforcing judgment.

appear and as to his ability to pay judgment debt, and proceedings thereon. H.K. Code, s. 69.

370. If the judgment is for immovable property the party who has obtained the judgment shall be put in possession of the property, if necessary, by the bailiff.

371. If the judgment is for money, it may be enforced by the imprisonment of the party against whom it has been given, or by the attachment and sale of his property, or by both imprisonment and attachment and sale, if necessary; and if such party is other than a defendant, the judgment may be enforced against immovable property. H.K. Code, s. 70 (1).

Judgment for money. H.K. Code, s. 70 (3).

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