Directory_and_Chronicle_1887 — Page 809

IN CHINA AND JAPAN.

Summons to Judgment Debtor.

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129. Where a decree or order directing payment of money remains In what cases. wholly or in part unsatisfied (whether a warrant of execution has issued or not), the person prosecuting the decree or order may apply to the Court for a summons, requiring the person by whom payment is directed to be made to appear 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 a summons.

130. On the appearance of the person against whom the summons is Examination, issued, he may be examined on oath by or on behalf of the person pro- secuting the decree or order, and by the Court, respecting his ability to pay the money directed to be paid, and for the discovery of property applicable to such payment, and as to the disposal which he may have made of any property.

He shall be bound to produce, on oath or otherwise, all books, papers, and documents in his possession or power, relating to property applicable to such payment.

He may be examined as to the circumstances under which he contracted the debt or incurred the liability in respect of which the payment of money is by the decree or order directed to be made, and as to the means or expectation he then had of paying the debt or discharging the liability.

He shall be bound to sign his examination when reduced into writing. Whether the person summoned appears or not, the person prosecuting the decree or order, and all other witnesses whom the Court thinks requisite, may be examined on oath or otherwise respecting the matters aforesaid.

The Court may, if it thinks fit, adjourn the hearing of the summons from time to time, and require from the person summoned such security for his appearance at the adjourned hearing as seems fit, and in default of his finding security, may, by warrant, commit him to prison there to remain until the adjourned hearing, unless sooner discharged.

131. In any of the following cases,-

(i.) If it appears to the Court by the examination of the person summoned or other evidence, that he then has or since the making of the decree or order has had sufficient means to pay the money directed to be paid by him, and he refuses or neglects to pay the same according to the decree or order; or (ii.) That, with intent to defraud his creditors, or any of them, he has made or suffered any gift, delivery, or transfer of any property, or charged, removed, or concealed any property; or

(iii.) That the debt or liability in question was contracted or incurred by him, by or by reason of fraud or false pretence, or breach of trust, committed by him; or

(iv.) That forbearance thereof was obtained by him by fraud or

false pretence; or

(v.) That the debt or liability was wilfully contracted or incurred by him without his having had at the same time a reasonable expectation of being able to pay or discharge it; or

(vi.) Was contracted or incurred by him by reason of any prosecution or proceeding wherein he was found guilty of any crime or offence, or by reason of any proceeding for libel, slander, assault, battery, adultery, seduction, breach of promise of marriage, malicious arrest, malicious or frivolous and vexatious prosecution, malicious trespass, malicious injury, or the malicious filing or prosecution of a petition for adjudication of insolvency or bankruptcy,- then and in any such case the Court may, if it thinks fit, order that the person summoned be committed to prison for any time not exceeding forty days, and may issue a warrant for his commitment accordingly.

Commitment,