Directory_and_Chronicle_1896 — Page 360

Decree to be

320

CODE OF CIVIL PROCEDURE-HONG KONG

9.-A person directed by a decree or order to pay money, or do any obeyed without other act, is bound to obey the decree or order without any demand for

payment or performance.

Demand.

Written Judgment

to be filed.

General Powers of the Court.

Application for Review by

Notice of Motion.

Such Notice no Stay of Pro- ceedings-

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

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

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

3. Such notice shall not of itself operate as a stay of proceedings; but any money tin Court in the suit shall be retained to abide the result Money" in Court. of the motion or the further order of the Court.

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 tion is granted.

Examination

of Judgment Debtor.

Discovery of Property.

Production of

Books and Documents.

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

5.--On an order for re-hearing or new trial, either party may demand a jury for the se ond trial, though the brst was not with a jury.

6. The 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 is overy of new matter or evidence which was not within the knowlege of the applicant, or could not be adue by him at the trial, may be ground or a new trial, but the improper admission or rejection of evidence shall not be a ground of itsel for a new trial or revera of any jugment in an case, if it sha 1 appear to the Court that, in epen- dently of the evidence objected to an admitted, there was sufficient evidence to justify th judgment, or that if the reje ted eviden e had been receive it ought not to have vare the judgment.

S

L

8. When an a, pi a ion for a review of judgment, re-hearing, or new trial s granted, a note tuereof shall be made in the register of suits, an the Court shali gi e such orde in regard thereto as it may deem proper in their umstan es of the case.

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 whol v o in par. unstis.od (whether a wit of execution has issued or not) the per-on prosecuting the e re may apply to the Court for a summons, requir- ing the person by whom payment is directe: to be ma e to appear and be examined respecting his ability to make th payment irected, and the Court shall, unless it sees good reason to the contrary, issue such a summons.

2.-On the a pearance of the person against whom the summons is issue, he may be examined on oath by or on behalf of the person prosecut- ing the de ree, and by the Co rt, respecting his a ility to pay the money directed to be paid, an or the is very of property app icable to such payment, and as to the disposal which he may have made o. 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.

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