Directory_and_Chronicle_1892 — Page 367

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

308

CODE OF CIVIL PROCEDURE-HONGKONG

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

5.-On an or er for re-hearing or new trial, either party may deman a jury for the se. ond tria', though the first was not with a jury.

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

•

7.-The dis overy of new matter or eviden e which was not within the knowle ge of the applicaut, or could not 'e aidu ei by him at the trial, may be ground for a new trial, but the improper admission or rejection of e idence shal! 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 reje ted evidence had been received it ought not to have varied the judgn ent.

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

Examination of Judgment Debtor.

Discovery of Property.

Production of Books and Documents.

Examination of other Witnesses.

Adjournment of hearing and Procedings thereon.

Interim Order for Protection of Property.

Decree for

Possession of immoveable

Property.

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 exe ution has issued or not) the person prosecuting the 'e ree may apply to the Court for a summons, requir- ing the person by whom payment is directe i to be male to appear and be examined respecting his ability to make the payment irected, and the Court shall, unless it sees good reason to the contrary, issne such a summons.

2.-On the apearance of the person against whom the smmons is issue, he may be examined on oath by or on beha f of the person prose ut- ing the de ree, and by the Court, respe ting his ability to pay the money directed to be paid, an 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, ali books, papers, and documents in his possession or power re ating to property applicable to such payment.

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

5.- The Court may, if it thinks fit, adjourn the hearing of the sum- mons from time to time, and require from the person summonet such security for his appearance at the adjourned hearing as seems fit, and in default of his finding security, may, by warrant, commit him to pri on, there to r uain until the adjourned haring, unless sooner discharg d.

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

dark

Mode of Enforcing Decrees.

LXX. If the 'ecree be for land or other in moveable property, the decree holder shall be put in possession thereof, if nec s ary, by the Sheriff or other officer executing the decree.