IN CHINA AND JAPAN
Sequestration.
140. In case the person against whom the warrant of arrest issues is In what cases. not and cannot be found, or is taken and detained in custody under the warrant without obeying the decree or order, then the person prosecuting the decree or order shall be entitled to an order of sequestration against his property.
Commitment for Disobedience.
141. Where any person over whom the Court has jurisdiction is In what cases. guilty of wilful disobedience to a decree or order, the person prosecuting the decree or order shall be entitled to apply to the Court for an order on the disobedient person to show cause why he should not be punished for the disobedience. The Court, unless it sees good reason to the contrary, shall on such application make an order accordingly.
The Court shall not grant the order except on evidence on oath establishing such a case as, if uncontradicted and unexplained, would justify the immediate commitment of the disobedient person.
A c-rtified copy of the affi lavit or deposition on which the order is granted shall be served on the party to whom the order is directed, together with the order, and he may fi e counter affid vits.
142. On the return day of the order, if the person to whom it is Warrant. directed does not attend, and does not establish a sufficient excuse for not attending, and if the Court is satisfied that the order has been duly served, --or if he attends and does not show cause to the satisfaction of the Court why he should not be punished for the disobedience,—the Court may issue & warrant for his commitment to prison.
The Court may enlarge the time for return to the order, or may, on the return of it, and un ier circumstances which would strictly justify the immediate commitment of the person guilty of the isobedience, direct that the warrant for his commitment shall issue only after a certain time and in the event of continued disobedience at that time to the decree or order in respect of which he has been guilty of disobedience.
143. A person committed for disobedience to a de ree or order is Duration of bable to be detained in custody until he has obeyed the decree or order in detentum, all things that are to be immediately p. rform-d, and given such security as the Court thinks fit to obey the other parts of the decrec or order (if any) at the future times thereby appointed, or in case of his no longer having the power to obey the degree or order, then until he has been im- prizoned for such time or until he his paid such fine as the Court directs. VI.-INTERLOCUTORY PROCEEDINGS.
144. Interlocutory applications may be made at any stage of a suit Form of or proceeding.
They shall be made either by motion or on application for a suminons.
Motions.
interlocutory application.
145. Motions must le reduced to writing in the terms of the order Motion-paper. songht from the Court; and a motion ɛhall not be entertained until the Jarty moving has filed in the Court a written motion paper distinctly stating the terms of the ord. r sought
The motion may in its terms ask for an order directing more than one ing to be done, and may also be in an alternativ form, asking that one an ther order be made, so only that the whole order sought be therein substant ally express d.
If the motion-paper contains any matter by way of argument or other tter except the proper particulars of the motion itself, the Court shall direct the motion-paper to be amended, and shall make no other oider
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