Directory_and_Chronicle_1888 — Page 896

CODE OF CIVIL PROCEDURE-HONGKONG.

139

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 he subject to the same rules as if such sum had been claimed by the defendant in a separate suit against the plaintiff.

Demand.

9.-A person directed by a decree or order to pay money, or do any Decree to be other act, is bound to obey the decree or order witho

ny demand for obeyed without payment or performance.

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

Review of Judgment-Re-hearing-New Trial.

Judgment

of the Court.

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

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

Notice of Motion.

Stay of Pro-

3. Such notice shall not of itself operate as a stay of proceedings; Such Notice no but any money in Court in the suit shall be retained to abide the result ceedings- of the motion or the further order of the Court.

Money in Court.

4. After the expiration of such fourteen days, an application for Application such review, re-hearing, or new trial shall not be admitted, except by after 14 Days. special leave of the Court, on such terms as seem just.

demanded.

5.-On an order for re-hearing or new trial, either party may demand Jury may be 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 Court may re-hearing or new trial that the trial shall be with a jury.

order Jury.

7. The discovery of new matter or evidence which was not within Discovery of the knowledge of the applicant, or could not be adduced by him at the trial, new Evidence, may be a ground for a new trial, but the improper admission or rejection Improper of evidence shall not be a ground of itself for a new trial or reversal of Admission or

Rejection of any judgment in any case, if it shall appear to the Court, that indepen- Evidence, 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 Proceedings new trial is granted, a note thereof shall be made in the register of suits, where Applica 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.

tion is granted.

Debtor.

LXIX.-Where a decree directing payment of money remains wholly Examination or in part unsatisfied (whether a writ of execution has issued or not), the of Judgment person prosecuting the decree may apply to the Court for a summons, requir- ing the person by whom payment is directed to be made to appear and be exa- mined respecting his ability to make the payment direct, 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 Discovery of 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.

Property.