Directory_and_Chronicle_1887 — Page 876

Decree to be

132

CODE OF CIVIL PROCEDURE-HONGKONG.

is due to the plaintiff, and what amount (if any) is due to the defendant, and shall be for the recovery of any sum which shall appear to be due to either party. The judgment of the Court with respect to any sum awarded to the defendant shall have the same effect and be subject to the same rules as if such sum had been claimed by the defendant in a separate suit against the plaintiff.

9.--A person directed by a decree or order to pay money, or do any Obered without other act, is bound to obey the decree or order without any demand for

Demand,

Written Judgment

to be filed.

General Powers of the Court.

Application for Review by Notice of Motion.

Such Notice no Stay of Pro- ceedings- Money in Court.

Application after 14 Days.

Jury may be demanded.

Court may order Jury.

Discovery of new Evidence.

Improper

Admission or

Rejection of Evidence.

Proceedings where Applica-

tion is granted.

Examination

of Judgment Debtor.

Discovery of Property.

payment or performance.

10. Whenever the Court shall deliver a written judgment the original, or a copy thereof signed by the judge, shall be filed in the suit or other proceeding.

Review of Judgment-Re-hearing-New Trial.

LXVIII. The Court may in any case, on such terms as seem just, review any judgment, or order a re-hearing or new trial, with or without a stay of proceedings.

2. Any application for a review of judgment or for a re-hearing or new trial must be made on notice of motion filed not later than fourteen days after such decision or hearing or verdict.

3. Such notice shall not of itself operate as a stay of proceedings; but any money in Court in the suit shall be retained to abide the result of the motion or the further order of the Court.

4.-After the expiration of such fourteen days, an application for such review, re-hearing, or new trial shall not be admitted, except by special leave of the Court, on such terms as seem just.

5.—On an order for re-hearing or new trial, either party may demand a jury for the second trial, though the first was not with a jury.

6. The Court may, if it thinks fit, make it a condition of granting a re-hearing or new trial that the trial shall be with a jury.

7. The discovery of new matter or evidence which was not within. the knowlege of the applicant, or could not be adduced by him at the trial, may be a ground for a new trial, but the improper admission or rejection of evidence shall not be a ground of itself for a new trial or reversal of any judgment in any case, if it shall appear to the Court, that indepen- dently of the evidence objected to and admitted, there was sufficient evidence to justify the judgment, or that if the rejected evidence had been received it ought not to have varied the judgment.

8. When an application for a review of judgment, re-hearing, or new trial is granted, a note thereof shall be made in the register of suits, and the Court shall give such order in regard thereto as it may deem proper in the circumstances of the case.

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 part unsatisfied (whether a writ of execution has issued or not), the person prosecuting the decree may apply to the Court for a summons, requiring the person by whom payment is directed to be made to appear and be exa- mined respecting his ability to make the payment directed, and the Court shall, unless it sees good reason to the contrary, issue such a summons.

2. On the appearance of the person against whom the summons is issued, he may be examined on oath by or on behalf of the person prosecut- ing the decree, 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.