Directory_and_Chronicle_1889 — Page 963

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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 when shall appear to be due to either party. The judgment of the Court with respect to any sum av arded 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 ser ate suit against the plaintiff.

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3.-A person directed by a decree or order to pay mo eg, or any Poeree to be other act, is bound to obey the deeree or order without any demand for ofoyed without payment or performance.

Demand.

Judgment

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 tiled. proceeding.

Review of Judgment--Re-hearing-New Trial.

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 of the Court. a stay of proceedings.

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 Notice of days after such decision or hearing or verdict.

Review by

Motion.

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

ceedings- Money in Court.

4-After the expiration of such fourteen days, 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.

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order Jury.

new Evidence.

6. The Court may, if it think fit, make it a condition of granting a Court may 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 Discovery of the knowledge of the applicant, or could not be a nerd by him at the trial, may be a ground for a new trial, but the improp admission or rejec ion Improper of evilence shall not be a ground of itself for a new trial or reversal of Adsion or 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 vidence to justify the judgment, or that if the rejected evidence had been received it ought not to have varied the judgment.

Rejection of

8.-When an application for a review of judgment, r -hearing, or Proceedings new trial is granted, a note thereof shall be made in the register of suits, where Applion- and the Court shall give such oder in regard there to as it may deem

proper in the circumstances of the case.

PART III.

PROCEEDINGS TO ENFORCE THE DECREE-EXECUTION.

CHAPTER XI.

tion is granted.

of Judgment

Investigation as to Property of Judyment 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 Debtor. 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 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,

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. Property. 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 f any property.

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