Directory_and_Chronicle_1890 — Page 167

CODE OF CIVIL PROCEDURE-HONGKONG.

137

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.

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.

demanded.

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.

order Jury.

Discovery of

7.-The discovery of new matter or evidence which was not within 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.

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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

tion is granted. 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.

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 examined r specting his ability to make the payment directed, and the Court shall, unless it sees good reason to the contrary, issue such a summons.

2--n 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 of any property.

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

Documents

4.-Whether the person summoned appears or not, the person pro- Examination of secuting the decree, and all other witnesses whom the Court thinks other Witnesses, requisite, may be examined on oath or otherwise respecting the matters

aforesaid.

Proceedings

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

6.-The Court may, upon such investigation as aforesaid, make any Interim Order interim order for the protection of any property applicable or available in for Protection discharge of the decree, as it shall think expedient.

Mode of Enforcing Decrees.

of Property.

LXX. If the decree be for land or other immoveable property, the Decree for decree holder shall be put in possession thereof, if necessary, by the Sheriff or other officer executing the decree.

Possession of immoveable Property.